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Donor Beware: The Dangers of Giving Away a
Horse
Q:
I gave my two horses to an acquaintance that
I’ll call “Sally” two years ago because at the
time, I couldn’t afford to keep them and I wanted them
to have a good home.
When I offered to give Sally the horses, I made
it clear that I didn’t want her to give them to
someone else or sell them without telling me first.
I was up in Sally’s area visiting and stopped
by to see the horses and make sure they were okay.
When I got there, I saw one horse in the pasture,
but not the other one.
Sally came out and I asked her what happened to
him. She
said that he was too much for her to handle, so she gave
him to someone else.
She gave me that guy’s address and I went to
his house, only to find out that he had sold the horse
to someone and he wouldn’t give me that person’s
name or address. I’m
worried sick about my horse and would like to have him
back. Is
there anything I can do?
A:
Unfortunately, giving away a horse is a lot like
selling it – the only real difference is that you
don’t receive any money in exchange for giving up the
rights of ownership. Once the horse leaves your possession, you have very little
control over its future.
In this case, you had an agreement with the
seller that she should contact you before giving the
horse to anyone else.
However, you could only enforce that agreement
against Sally, not an innocent third party who received
the horse without knowledge of the agreement you had
with Sally. This
means that you could not use your agreement to get your
horse back. You
could potentially enforce the agreement against Sally
and seek damages from her.
However, it’s a weak case – I’m guessing
that your agreement is not in writing (and that old
saying about verbal agreements being worth the paper
they are written on is true!).
In addition, your damages would be difficult to
measure.
Instead
of pursuing a case against Sally, I would recommend
directing your resources toward finding the horse. You
can fire up your email network, make use of the various
Internet bulletin boards, post fliers in tack shops and
feed stores, ask local 4-H, trail and Pony Club leaders.
Don’t forget to include at least one clear
photo with every email, post and flier – not only does
it grab attention, it makes your horse easier to
identify. In
your communications, make it clear that you only seek
information on the horse’s whereabouts and condition,
and honor that statement. Make sure that you are kind and polite to everyone who
contacts you – you don’t want to discourage our
horse community from coming forward with information.
Here are
some tips to help ensure that a horse you give away
lives out his days in a good home:
(1)
Charge a
Fee. Much
like charging a modest adoption fee for puppies and
kittens, you can help protect your horse by selling him
for a modest price that reflects his condition,
training, or other reasons you are giving him away.
Having to pay even a modest amount of cash for a
horse helps screen out well-meaning folks who might not
have thought carefully enough about the adoption as well
as folks with a more sinister motive.
(2)
Consider
Leasing Instead.
In these difficult economic times, many horse
owners are faced with the choice of giving away
hard-to-sell horses because they simply cannot afford to
care for them any longer.
Many times, the economic situation is temporary.
In these cases, it may make sense to lease your
horses to caring folks instead of selling them or giving
them away. For
tips on leasing your horse, see “Leasing a Horse” on
the Equine
Legal Solutions website.
(3)
Get
Creative. There
are many charitable organizations that might be
interested in adopting your horse and giving him a
useful life. Rescue
organizations are an obvious choice – see the “Rescue”
section of the Bay Area Equestrian Network’s Business
Directory. There
are also more creative options.
If your horse is serviceably sound with a very
quiet temperament, he may be well-suited to a
therapeutic riding program – see “Therapeutic
Riding Programs.” Many
university equestrian programs depend upon donated
horses and it is a tax-deductible way to support your
alma mater. For
example, my family donated a Quarter Horse, George, to
my undergraduate school, Stephens College, which is
located in Columbia, Missouri.
George was not happy in his job with us as a show
ring hunter, but he lived out his days blissfully
packing around beginners in walk-trot lessons (a skill
we were very surprised to find out that he excelled
at!). You
might also try contacting local 4-H clubs and Pony Clubs
to see if there is a match for your horse.
Remember how badly you wanted a horse as a
youngster – there are kids out there who might LOVE to
have your horse. Finally,
there are kind
folks out there who just want a companion horse or lawn
ornament – reach out to them in the ways described
above for finding a lost horse.
(4)
Screen the
Adoptive Home.
In my practice, I have heard horrible stories
about what can happen to a donated horse, from
starvation to being sold at meat auctions.
I can’t emphasize enough that you should go and
personally inspect the place where your horse will be
living, even if you are donating your horse to an
organization that appears legitimate.
Check out the condition of the place and the
condition of the other animals on the property – are
the stalls clean and the animals well-fed and in good
shape? Chat
with the people there and ask to see the feed your horse
will receive (bad hay is a bad sign).
Ask them for veterinarian and farrier references,
then call those references!
Trust your instincts – if you’re not sure,
don’t give them your horse.
(5)
Have a
Written Agreement.
Most charitable organizations that routinely
accept donated horses will ask you to sign a written
agreement (and if they don’t, they should, for their
own protection). Make
sure that you read anything that you are asked to sign
carefully, noting what it says about what will happen if
the organization doesn’t keep your horse.
Ask for a copy of the agreement to take home with
you. If you
do not have a written agreement, ask an equine attorney
to draft one for you – Equine Legal Solutions offers
this service at an affordable fixed price. A written agreement clarifies the terms under which you are
giving the horse away, and can help protect you from
liability in the event that your horse injures someone
after he has left your care. |
