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Apparently I'm a "bad person" for enforcing a contract. (rolleyes)

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  • Apparently I'm a "bad person" for enforcing a contract. (rolleyes)

    I recently had an adult college girl do lease on one of my horses. She came out, tried her and fell in love. I sent her the contract to review and sign. The lease was for a specific length of time with a set start and end date. The contract stated that early termination required 30 days written notice. Daughter signed the contract and Mom wrote the check.

    After 26 days, the girl sends me an email with some spiel that the barn schedule wasn't compatible with hers so she was ending the lease immediately. This was BS because there was exactly one day per week that the horse was not available to be ridden and this was stated in the contract. She had 6 days to choose from.

    I sent the girl an email response, reminding her the contract specifically stated 30 days notice was required to terminate and she was still responsible for paying for that 30 days.
    Silence.
    I mailed her a past due invoice with a due date for payment to avoid collections for Breach of Contract.
    Silence.

    Finally, Mommy calls today and leaves a cold message telling me how disappointed she is that I'm forcing a college kid to pay up and that SHE would drop off a check, and what a horrible person I am and how she's going to let everyone know how I misrepresented myself. Really? Exactly what did I misrepresent? Everything was in writing and signed.

    How about teaching your daughter that she can't just walk away from an obligation? Or a signed contract?
    Last edited by creseida; Nov. 25, 2017, 01:23 AM.

  • #2
    How frustrating! Seems the apple doesn't fall far from the three with those two.

    On the bright side, probably not the lessees you really want and you'll be free of them soon. Best of luck finding a better fit!

    Comment


    • #3
      I hope you get the check.
      Where Fjeral Norwegian Fjords Rule
      http://www.ironwood-farm.com

      Comment


      • #4
        Give the mother the contract with highlighting - highlight the 30 day clause and the daughter's signature. Maybe add a note saying "the next breach of contract is unlikely to be this inexpensive....consider this a good lesson in "adulting."

        Comment


        • #5
          creseida - sorry it didn't work out and mom and daughter are idiots.

          I don't do many leases, but the few times I did, I got a deposit and put in the contract that leassee is responsible for any fees and court costs incurred in an attempt to enforce the contract.
          "When a true genius appears in the world, you may know him by this sign, that the dunces are all in a confederatcy against him."

          Comment

          • Original Poster

            #6
            I don't do many leases either, but I am very up-front and open about the terms of the lease. I can't wait to ask Mommy if someone at the college assaults her daughter, should they get a pass because "they're a college kid" or be tried as an adult.

            Comment


            • #7
              Best if you just provide the Mom a copy of the contract with the 30 day notice highlighted and her daughter's signature. The assault analogy wouldn't be a good comparison and will only make the Mom mad. Keep it simple and focused on the contract, let Mom know that daughter needs to understand when she signs a contract she is responsible and must abide by what is on the contract.
              "My treasures do not chink or gleam, they glitter in the sun and neigh at night."

              Comment


              • #8
                I wonder how the mom views the credit card and mortgage terms
                Teach your child to love riding and they will never have money for drugs.

                Comment


                • #9
                  You're doing what is correct ... get check ... and smile.
                  Treat others the way you want others to treat you ~ on your threads !

                  Comment


                  • #10
                    Make copies of contract. Put the original contract in a safe place.
                    If anyone says anything, hand them a copy of the signed contract.

                    Comment


                    • #11
                      Run to the bank to cash the check, before mommy can do a stop payment. If she does, sue her for it. And if the check won't cash because of insufficient funds, or a closed account, file criminal charges.
                      You can't fix stupid-Ron White

                      Comment


                      • #12
                        Originally posted by IronwoodFarm View Post
                        I hope you get the check.
                        Me, too. And hope it doesn't bounce.

                        Sadly there are people in the world who think the world revolves around them. They are found across political, economic, and social classes. It's the way of things in 21st Century America.

                        G.
                        Mangalarga Marchador: Uma Raça, Uma Paixão

                        Comment


                        • #13
                          She's an adult, she signed the contract, and she should pay according to the terms of the contract. Mom is doing the kid no favors trying to protect her from the consequences of the real world. In the grand scheme of things, this is a relatively cheap lesson for her to learn before she tries to default on a contract with much larger penalties.
                          Flickr

                          Comment


                          • #14
                            College kids routinely make mistakes estimating their time management which is why I ll probably end up failing half a dozen freshman in two weeks because they just never got the final paper in.

                            When these mistakes have consequences young people learn to manage time better.

                            I don't fault girl for realizing she didn't have time or motivation to ride during term, but helicopter mom needs to get out of the picture.

                            One of the great things about teaching college is we only deal direct with the students and even if a deluded parent contacted me I would say privacy concerns prevent me discussing a student with a third party.

                            Mom.can give daughter money. But she shouldn't be running interference on the girls obligations.

                            Comment


                            • #15
                              People sign contracts all the time without reading them. Or, they read them and assume that it doesn't really apply to them, their situation is "different", or that they deserve to be cut some slack because of xyz circumstances.

                              Which is why when I sign a contract with anyone, I go over the terms with them, in person, before they sign it. I never hand something over and say "please review, sign and give back to me". Then, if someone pitches a fit, I can say "I sat down with you and reviewed all the terms of this contract prior to your signing it". They don't usually have much to say after that.
                              Do not spoil what you have by desiring what you have not. Remember that what you have now was once among the many things that you only hoped for.

                              Comment


                              • #16
                                How did you word your response? How much time elapsed between the first email to the leasee and the email you sent where "collections" and "breach of contract" was mentioned?

                                It sounds like the girl made a mistake, the mom is embarrassed and instead of admitting fault or apologizing, she becomes angry. Look at this as them doing you a favor. You got your horse out of a lease where the people aren't likely to take responsibility for anything they way they should.

                                A lot of people cannot handle being in the wrong. Even when it is blatantly obvious.
                                A number of years ago I was on a several hour plane trip wheres someone sitting behind me kept kicking the back of my seat. I turned around and noticed it was a kid about 5 years old. I did not say anything at first, figuring that the mom would tell her son to stop. I mean, it was so blatantly obnoxious, how could she not notice? When it was obvious that the mom wasn't going to do anything, I turned around and told the kid to "please stop kicking my seat". The mom became very angry and said "do not talk to my son like that", to which I replied: "I wouldn't have to if you would supervise him".

                                If you let a week or less go by before mentioning "collections" or "breach of contract", I could see why that might make someone peeved regardless of the way the contract was written. If two weeks went by with no word back from the leasee then that would be concerning and I think it would be ok to be more direct and mention the things you did.

                                Sounds like the kid isn't very mature, didn't realize the amount of responsibility the lease would be.
                                Pour yourself a glass of wine and be glad they're gone or soon will be.


                                Originally posted by creseida View Post
                                I recently had an adult college girl do lease on one of my horses. She came out, tried her and fell in love. I sent her the contract to review and sign. The lease was for a specific length of time with a set start and end date. The contract stated that early termination required 30 days written notice. Daughter signed the contract and Mom wrote the check.

                                After 26 days, the girl sends me an email with some spiel that the barn schedule wasn't compatible with hers so she was ending the lease immediately. This was BS because there was exactly one day per week that the horse was not available to be ridden and this was stated in the contract. She had 6 days to choose from.

                                I sent the girl an email response, reminding her the contract specifically stated 30 days notice was required to terminate and she was still responsible for paying for that 30 days.
                                Silence.
                                I mailed her a past due invoice with a due date for payment to avoid collections for Breach of Contract.
                                Silence.

                                Finally, Mommy calls today and leaves a cold message telling me how disappointed she is that I'm forcing a college kid to pay up and that SHE would drop off a check, and what a horrible person I am and how she's going to let everyone know how I misrepresented myself. Really? Exactly what did I misrepresent? Everything was in writing and signed.

                                How about teaching your daughter that she can't just walk away from an obligation? Or a signed contract?

                                Comment


                                • #17
                                  Originally posted by Abbie.S View Post
                                  People sign contracts all the time without reading them. Or, they read them and assume that it doesn't really apply to them, their situation is "different", or that they deserve to be cut some slack because of xyz circumstances.

                                  Which is why when I sign a contract with anyone, I go over the terms with them, in person, before they sign it. I never hand something over and say "please review, sign and give back to me". Then, if someone pitches a fit, I can say "I sat down with you and reviewed all the terms of this contract prior to your signing it". They don't usually have much to say after that.
                                  One of the great rules of law is that people are deemed to have read their contracts before they sign them, if you read or explain the contract's contents to the signing party then the explanation becomes a verbal contract which may be remembered completely differently than the written agreement

                                  not a lawyer, never pretended to be an attorney but told business contract law classes .... the written document if constructed properly is all that is needed, if they do not understand its contents then they should seek representation

                                  Comment


                                  • #18
                                    I sympathize with you because it is all too common that people view the terms of signed contracts relating to horses as "optional." Is it because riding is a recreational activity? Is it because a lot of the people doing business are kind horse owners who are perceived as being "too nice" to enforce a contract?

                                    In any case, it is not an unexpected event for any horse person (owner, trainer, BO, BM) to have to explain to a person they are doing business with that yes, the contract means what it says.

                                    Personally, I try to start out by NOT acting like a lawyer, sending highlighted copies of the contract, etc. There's a time and place to escalate things, but it's not the place to start. I begin by pointing out that the contract specifies X, I gently point out that I'm running a business (or that leasing a horse is a commitment--whatever is appropriate), and that the terms of the contract are there for a reason. Sometimes I explain that reason in case it might not make sense to a non-horse person. Typically, responding to a person in a polite but businesslike way (while controlling facial tics including eye rolls) produces a good result.

                                    One side note--be very careful when making deals with minors. It can be difficult to enforce a contract signed by a minor.

                                    Even when dealing with young adults (18-25? 30?) IME it is useful to have some communication with the parents if possible as most of the time those are the people actually paying the bills, and that's who you will end up dealing with if there is a problem. The OP did well in this regard.

                                    Comment


                                    • #19
                                      I think Mom has already taught her that she does not need to meet any of her obligations. You are a "bad person" for pointing that out. And thus this young woman will never ever have to grow up and everyone she meets will be a horrible person. Trust me - I have met far too many of her ilk lately.

                                      RUN as fast as you can to the bank.
                                      "Cats aren't clean; they're covered with cat spit."
                                      - John S Nichols (1745-1846,writer/printer)

                                      Don't come for me - I didn't send for you.

                                      Comment


                                      • #20
                                        My only concern would be that the girl has access to your horse during the 30 day period that she (well, her mother) paid for (I would think that if she isn't allowed to use the horse per the contract, she shouldn't have to pay for that amount of time). It may be that if her schedule really doesn't allow her to ride, there's no harm, no foul but she may make the time knowing that it's paid for. I would hope she wouldn't do anything to take it out on the horse but I would keep a close eye out anyway.
                                        It's not about the color of the ribbon but the quality of the ride. Having said that, I'd like the blue one please!

                                        Comment

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