Purchased Horse through Online Auction- AQHA papers have brand- horse doesnt! - The Horse Forum

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post #1 of 28 Old 04-02-2014, 11:31 AM Thread Starter
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Purchased Horse through Online Auction- AQHA papers have brand- horse doesnt!

So I recently purchased a two year old on an online auction site. The horse went straight from the seller to my trainer (who is a few hours away). I have yet to see my horse, however received pictures yesterday. I alo just recently received his AQHA papers. While I was looking at the pictures my trainer sent I realized I did not see his freeze brand on the back left haunch. I realize there is winter hair and all but figured I would see white flicks on a chestnut horse. Well I contacted my trainer to double check for me and he assured me that the horse does not have a brand.
There was no mention of markings or brand on the online auction site, but when I received the papers to send them in for transfer of ownership I noticed the brand.
Who is responsible for this? How should I proceed?
According to the papers they belong to a horse that has a brand and mine is clearly lacking that- in my eyes it would be considered as not being the same horse and something that the seller should have corrected before consigning to the auction.
Input would be greatly appreciated!
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post #2 of 28 Old 04-02-2014, 11:33 AM
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Does the horse have any other markings (on his legs or face)? If so, those should also match what's on the paperwork.

It sounds like the papers don't belong to this horse.
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post #3 of 28 Old 04-02-2014, 11:42 AM Thread Starter
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that's what I would think as well...
I puchased him through the auction straight from the breeder. The facial markings and leg markings (aside from one back leg being up a smidge higher than I believe his is) are an accurate representation of the horse.
I am feeling as if the seller would need to make this right? As I have already transfered the horse into my name through AQHA without knowing that it was not an accurate description that I was provided with.
If I had not noticed and sold the horse straight from the trainers- his identity would absolutely be questioned by any potential buyer due to not having a brand that shows he should have on his papers.
Do I apply for a correction or should this be the responsibilty of the seller? Or should I request that they brand him as per how they sold him? It is their farms brand.
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post #4 of 28 Old 04-02-2014, 11:46 AM
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I think you need to find out if those papers go with the horse before anything else.
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post #5 of 28 Old 04-02-2014, 11:51 AM
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Since you got him directly from his breeder it should be easier to contact them and ask about it. That's what I would do first.

If all else fails, brands are easy to add
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post #6 of 28 Old 04-02-2014, 11:51 AM Thread Starter
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say they are the right papers that go with this horse...
If need be I can go through the DNA verification number.
How do I proceed with the seller over the brand issue? Is it now in my hands or something they should be taking care of/doing right by as they sold a horse with identification they did not put on him.
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post #7 of 28 Old 04-02-2014, 11:52 AM Thread Starter
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Thank you Verona1016
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post #8 of 28 Old 04-02-2014, 11:53 AM
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Quote:
Originally Posted by PaintMyQuarters View Post
Thats what I would think as well...
I puchased him through the auction straight from the breeder.
Start with understanding that this is a property dispute.
Begin by contacting the breeder and also alerting your attorney and asking, ahead of time, how $much it may cost if you have to sue. The breeder gets one chance to prove that this horse matches the papers. If the papers have been switched and the breeder didn't do it, the breeder must deal with the auction house about mishandling the registration papers, and then satisfy you with either the correct horse or the correct papers.
If you discover that the breeder did indeed switch the papers, contact your attorney and, now listen to this:
LET YOUR ATTORNEY DO ALL CONTACTING AND ALL OF THE TALKING!!!!!!!
You paid for the horse that matches the paperwork, OR you paid for another horse that is registered, or not registered. The extra money you put out is for a registered horse from this auction, as opposed to a horse that you did NOT bid on but was delivered to your trainer. You did not mention whether the brand was visible or mentioned during the online auction.
Your goal is just to match the horse to the correct papers.
Decide NOW if you like this horse and are happy with what you paid. You never know--you may have gotten a better horse than the one you won in auction. OR, the horse is lesser and the papers are for a deceased animal. There are many possibilities. Good luck. =D

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Hope that you fall in love with "Trot", like I did! http://www.horseforum.com/general-of...queens-617793/
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post #9 of 28 Old 04-02-2014, 12:08 PM Thread Starter
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The brand was not visible in the pictures on the online auction (when I received the papers I had figured that maybe it was hidden due to the horse being in a full winter coat). BUT there is no mention of markings or brands in the online descriptions of any horses listed. It was not until I received the papers from the auction that I noticed the brand as a marking... and then not until I received the new papers with myself listed as owner that I questioned the brand after receiving pictures from my trainer.
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post #10 of 28 Old 04-02-2014, 12:23 PM
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Then proceed as I suggested. There are honest mistakes, but we all know about "horse traders." You will feel silly if you do NOT give the breeder one chance, and you will feel silly if you do not proceed with an attorney if he has switched papers. =D

A Jack and Three Queens, the latest book by James C. Dedman, Amazon.com
Hope that you fall in love with "Trot", like I did! http://www.horseforum.com/general-of...queens-617793/
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