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The
Difference Between Registration Papers and a Bill of
Sale
Q:
I am new to horses and was wondering if registration papers were the
same as ownership papers?
If not, what is the difference?
A:
That is a very good question! For horses
such as registered Quarter Horses, Arabians and
Thoroughbreds, registration papers serve as the official
record of ownership with the breed registry as well as
proof of the horse's purebred pedigree. For most
breed shows, you must be the registered owner of the
horse to exhibit it in amateur or youth classes, and you
must have a copy of the original registration papers to
exhibit the horse in open classes. The same is
true for racing. You must also be the registered owner
of a stallion or mare to register his or her foals with
the breed registry. Most breed registries require
a transfer form to be signed by the registered owner of
the horse in order to transfer the horse's ownership
into a new name, although some breed registries will
accept a bill of sale in lieu of a signed transfer form.
Clarification:
There is an exception to the general requirement that
you must be the registered owner of a mare or stallion
to register their foals with a breed registry. If you
have a valid lease agreement signed by the registered
owner of the horse and you file a copy of the lease
agreement with the breed registry, you may register a
mare's foals or file a stallion breeding report for a
stallion, as applicable.
If you
buy a registered horse and the person listed as the
owner on the registration papers is not the person
selling the horse, you will need a transfer form signed
by the registered owner. If the seller
does not have a signed transfer form, it will be very
difficult to get the horse registered in your own name
without a court order. If you have to obtain a
court order, any papers that you have showing transfer
of ownership, e.g., a bill of sale, will be helpful in
proving the horse's identity and your legal ownership of
the horse.
There are
innocent explanations for the seller not being the
registered owner. For example, the registered
owner may have consigned the horse to the seller for
sale. The seller may have bought the horse for
resale and figured that it was not worth the transfer
fee to put the horse in his name. The seller may
have also forgotten to fill out and send in the transfer
form.
There are
also some more problematic explanations for the seller's
name not being on the registration papers. For
example, it is not uncommon for people to buy a horse
in installments and then not complete paying for the
horse before trying to sell it to someone else. In
these cases, you may have to pay the original owner to
obtain a signed transfer form so that you can register
the horse in your name. The horse could also be
stolen from the registered owner (it is not unheard of
for horse thieves to steal registration papers along
with the horse!). The seller could be suspended
from the breed association membership because of rule
violations. When in doubt, call the breed registry to
ensure that there are no issues with the horse's
registration and that the horse has not been
reported stolen.
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