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- - we signed ownership papers, is she actually in my name? (http://www.horseforum.com/horse-law/we-signed-ownership-papers-she-actually-101703/)
we signed ownership papers, is she actually in my name?
this might be long, not to mention confusing. bare with me!
I purchased my new mare this past June. this was the first horse I've ever had signed into my name, otherwise my mum has always dealt with that sort of thing, signing papers and such. Originally when I looked at this mare she was supposed to be a long term lease - however two days after looking at her I got a call from the then owner (they had only owned her for two weeks after rescuing her and had planned to re sell eventually). the lady asked if I would like to purchase her. I said I would think about it, the next day that turned into a yes so we went over to sign the papers. Now, the purchase price of this horse was "free" because the horse had next to no training at the time of purchase. Also, on the papers we both signed (previous owner and I) the previous owner added a clause stating that if I one day could not care for the mare I would give her back free of charge. & just a side note: I do not plan on giving this mare back, at all.
So this was back in late June. throughout July and August I tried numerous times to get a hold of the mares papers. I know she's registered and such, I have looked her up online at the jockey club registration. However, I asked many many times for the papers and I never received them. Do I need to do a transfer through the registration? If so, how do I go about this when it's been four months since the initial purchase, that plus the previous owner will not give me the papers. Each time I asked she would say something like "oh yea I will bring them to you this day or that day" ...I never saw them.
Do I legally own this mare!? I am honestly clueless when it comes to this sort of thing ....help! =(
Yes you do legally own the mare. If you have a paper with both yours and the previous owners signature on it saying that she was sold (or gifted) to you, she is yours. As far as the mare being registered that is a different thing. I was handed my horse's registration papers when he was purchased but have not yet contacted the AQHA to have my name put on record and them send me a new one. The registration is more like record keeping, not proof of ownership. Some people never transfer their names onto new registrations. I would like to but it cost money and right now I just can't afford it... But don't fret :) She is all yours!!
As long as you have your bill of sale, she is yours.
Now as for those papers - if you know her registered name, contact the registry and ask them about getting a set of papers for her. Explain the situation and see what they can do to help you register her.
Otherwise, you may want to try and bribe the person who has the papers - hey, i'll pay your gas to bring me those papers - will XX (too much money) be enough to compensate you for your time?
Its sad, but I've seen horribly unmotivated people suddenly get cooperated when cash is dangled in front of their faces for minimal effort.
Also, if the previous owner who is not giving you the papers keeps stalling, find out if they are members of the association that your mare is from. AQHA, Jockey Club, etc. If so, sometimes if you "mention" that you are contacting the association to find out how to go about getting the paperwork transferred into your name, they might give you the papers since they do not want their name "muddied" in the association.Or casually mention that your are writing a letter to the association explaining how you got the horse, was supposed to get paperwork and the previous owners are refusing to give them to you. Maybe that might push them a bit.
As long as you have a signed bill of sale, the horse is yours.
Okay thanks for the replies! so glad to know she's all mine!
do any of you know about how much it would cost to contact the registration and get them to personally send me the papers? I feel almost a bit weird contacting the original owner at this point, I know it has only been 4 months but I honestly don't think she likes me too much (various reasons, it's strange really imho), also the only times I ever spoke to her after I purchased the mare was asking for the papers and toward mid summer I began getting a little pushy with it (not rude or mean, just wanting the papers sort of deal) and I eventually gave up. so I really haven't spoken with her since, even though when I purchased the mare originally I had mentioned that the lady and her young daughter would be welcome to visit the mare if they would like at some point - though I don't think they even want to contact me. Again, it's a bit confusing. =S
I know that it is $50 to change the ownership. Not sure about any other fees popping up if you can't get the papers from the previous owner.
Are you 100% sure the mare is even papered? Is she tattooed or have you actually seen the papers?
As a TB, unless you plan to race or breed her, her registration papers don't mean a heck of a lot.
I have JJ's Jockey Club registration papers, and the only thing a previous owner does is sign them and hand them over to the new owner. There is no reregistration into a new owner's name with the JC.
JJ's previous owner sent his papers to me as a matter of course. I didn't really need them, since he's a gelding and was an abysmally bad racehorse. :wink:
I honestly don't know much about transferring papers, which is why I asked. as long as her papers have no legal bind to her previous owner (as in, they would still own her legally), no I don't need them but I do feel it would be nice to have them on me. & yes I am positive she's got papers - I have been told this by a couple people, and she is tattooed, as well as I have looked up her tattoo on the JC website.
but either way, thanks for the replies. and like I said, I'm just glad to know that I do own her legally! =)
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