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What
to Do When the Seller is Not the Horse’s Registered
Owner
Q:
I am buying a horse, the seller is not on the
registration, but he says he has a signed transfer. It
is his friend's horse that the seller obtained in a
trade. I'm picking this horse up at 9:00 in the morning.
Is it legal for the seller not to have his name on
title yet but have transfer paper?
A:
You were very smart to look at the horse’s
papers and observe that the registered owner is not the
same as the seller.
This situation is very common and frequently it
goes unnoticed until the buyer tries to transfer the
registration into his or her own name.
Most of
the time, this is an innocent detail and occurs most
often when someone purchases a horse for resale – they
don’t transfer the horse into their name because of
the time and expense involved.
In
other cases, however, it can indicate that the seller
does not have clear title to the horse that they are
selling. In
this case, you should ask the seller for documentation
that shows the seller now owns the horse.
If the seller cannot provide you with a receipt,
bill of sale or other documentation from the registered
owner, contact the registered owner yourself.
If the seller does not have the registered
owner’s contact information, the breed registry will
likely have that information.
The breed registry can also tell you if the horse
has been reported to the association as stolen.
For more tips on how to purchase a horse, see Tips
for the Savvy Purchaser on Equine
Legal Solutions. |