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- - Getting Papers (http://www.horseforum.com/horse-law/getting-papers-22625/)
Back in September I was given (My fiance bought the horse but gave him to me for a birthday present) Montana. I was told he was registered but she did not have the papers and the owner behind him did, but she would get in contact with the woman and try and get them. I didn't 100% like that, but I fell in love with Montana so I was OK with it.
Fast forward to last Monday. My BO (who is friends with Montana's previous owners) mentioned that she had gotten the papers, yet she never called me to let me know. No big deal though.
I'm a bit worried/nervous that she won't give the papers over. Would I have any legal action over that?
My fiance tried getting in contact with her so he could give me his papers for Valentine's day, but that fell through.
I'm going to call her today, but I just want to be prepared.
Do you have a Bill of Sale for this horse? or is it only a verbal contract?
Im always so scared that if someone withholds the papers they will remain the "legal owner" of the horse in the law's eyes and come and take the horse back one day and say I stole it or something. *shudder*
I'd be worried if I didnt have a Bill of Sale saying the horse was mine. Even still... the Bill of Sale pretty much garauntees she cant say you stole the horse... it does NOT garauntee that you will get the papers, unless it is specified in the bill of sale.
In my Bill of Sale for my Barn, I have a section dedicated to this issue with a spot for Initials next to "Horse WILL be sold with papers" or "Horse WILL NOT be sold with papers" or something along those lines.
Best of luck.. hopefully the past owners will be nice about it and make it easy for you. That's what Charity's last owner did for us =) I was a bit worried because her sale contract said "sale complete upon delivery of APHA papers" and when it took a while for APHA to mail them to her, i was thinking "oh god oh god!"
Keep us posted!!
If you don't think that the person has a copy of Montanas papers you could always call the association that he is registered with and get another copy. I know you can do that with AQHA.
I do have a bill of sale, (it says the date he was sold, and it is signed by both me and his previous owner) but I do not have his registration number. I did contact AQHA by e-mail and asked if they are able to look up a horse based on age (I don't have his exact birthday, but I know he's 15) and by markings and they said no.
I did get in contact with his previous owners and she does not currently have the papers. Her friend found them and she will be going to pick them up and then she'll call me back when she has them. So its in the works.
Hmm.. So the bill of sale didnt say anything about "Sale of an AQHA Registered Horse named "Montana"..." or anything like that? Did it mention that the horse was registered?
Even if it did.. unless they included the Full AQHA recognized name, or the horse's number... i dont think AQHA would view it as a legal sale. The reason they wont look the horse up by color/markings/birth year, is because they want to make sure that someone isnt trying to steal papers or claim ownership to another horse. Im glad they do this sort of thing!
I am getting Skippy! registered with APHA after 12 years of waiting. I wanted to know if his Stallion was in the studbook for that year, and she asked me what year the mare was bred, and i got it wrong the first time (Duh Skippy!, it takes a year for a horse to be born :p) when i gave her the right year she asked me for the Mare's name, and then said i could get him registered. They aren't allowed to volunteer that information to anyone who asks. Privacy and all that fun stuff =)
Well, at least you have the bill of sale, meaning he is legally yours regardless of Papers.. so atleast she cant try to get him back saying he was stolen or something (im so pessimistic, lol!). I hope you can get the papers.. its always fun to have the history on the horse you own. Thats why I like the Horse Associations horses.. lots of pedigree searchin! =) I've yet to find anything of importance in my poor Charity's papers! =)
Plus, its always fun to be in a horse club! =)
I don't believe so. I'll have to see exactly what it says, but I do know for the "registered name" part, she just put Montana, so afterwards I was like "Shoot! I shoulda filled it out" oh well though.
He is legally mine (not to mention I have a few witnesses that can agree to that (signing of the bill of sale and the handing over of the money)
I was just curious to see if AQHA could help me out. I wasn't looking to get a copy of his papers, I just wanted to know his registered name so I could look him up. It's totally find and I completely understand why they didn't do that.
I'm already part of that ApHC so it would be cool to be part of AQHA too.
That stuff can be so sketchy. I've heard a lot of bad stories of people buying horses that were registered yet "they dont have the papers with them" or various other reasons. From the sounds of it, I'm sure you should be ok because she told you she had the papers and they did try to meet up with you so it looks like the intention is there. For future purchases tho, if papers are important to you, I wouldn't be buying a horse without viewing the papers and if you leave with the horse at the time of purchase, make sure that the handing over of the papers are part of the sales contract so you have something to fall back on.
Its not that important to me. I did ask her if he has Impressive in his lines and she said no. I was just concerned about getting another hypp horse. Registered or not, I love him, and would have bought him regardless of the papers.
Its just an added bonus that I get to look up his past and everything.
And I also guess I trusted her more because my BO and friend are friends with her.
I recently bought a 8 year old palomino paint mare... I dont have her papers because the person i bought her from never got the papers from the lady she bought her from. all i know is that her name (with the lady her had her papers) was Polly. i was wondering if there is anyway i can get her papers on line or find her pedagree.. i dont have a membership with APHA.
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