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Getting
Duplicate Registration Papers
Q:
I purchased a Quarter Horse stallion, but received only
a copy of his papers, as the seller told me that she
lost the original papers. When I contacted the AQHA to
request a duplicate certificate, they informed me that
the seller is not the registered owner of this horse and
that I would need a notarized affidavit from the
registered owner to obtain duplicate registration
papers. I’d like to keep this stallion, breed him to
some of my mares and register his get. What are my
options?
A: According
to the AQHA rules, applications to register foals must
be accompanied by a breeder’s certificate signed by
the record owner of the sire and the record owner of the
dam. Because you are not the record owner of your
stallion, you would not be able to sign the AQHA breeder’s
certificate to register your stallion’s foals.
Therefore, you must become the record owner of your
stallion before you can register his foals with the
AQHA.
When a
Quarter Horse is sold, the AQHA rules specify that it’s
the seller’s responsibility to transfer the
registration papers by sending in the original papers
and the required transfer form. Clearly, in your
situation, the record owner of the horse didn’t follow
these rules. Unfortunately, I find that in most
situations where the chain of ownership isn’t clearly
reflected on the papers, there’s a good reason why the
registered owner didn’t complete the transfer.
I
recommend finding the registered owner and calling them.
Politely and calmly explain the situation and ask them
what happened. In my experience, the former owners
usually want to hear how the horse is doing, so they
will probably talk to you. You might get lucky – maybe
it was just an oversight that the former owner didn’t
transfer the registration papers. However, don’t be
too surprised if you hear a tale of woe, that the former
owner sold the horse to someone who never finished
paying for the horse. You should be prepared to hear
anything from claims of theft to the former owner
wanting the horse back, but don’t panic! If you
purchased this horse without knowing about any
controversy surrounding his ownership, you can’t be
held legally responsible for previous owners’ bad
acts. The former owner cannot simply show up at your
ranch with a horse trailer and legally take your horse
from you.
In these
situations, I often find it most practical to offer the
registered owner an appealing financial proposal before
going after the seller. In most cases, a lot of time has
passed and the former owner never expected to get
anything back from a bad situation, so anything you now
offer them is a windfall. While talking to the former
owner, keep in mind that what you have right now is a
grade stallion and what you would like to have is a
registered Quarter Horse stallion. The former owner has
the power to give you what you want. You need to
convince them that you are not the villain in this
situation and seek their help. Offer to pay them for the
notarized affidavit you’ll need, mentioning that you’d
like to compensate them for their time and trouble.
Offer to arrange and pay for the notary services, too.
Now, what
are your options with respect to the seller? You paid
for a registered Quarter Horse stallion, but that’s
not what the seller delivered. If the registered owner
cooperates with you, approach the seller and ask for
reimbursement of any out-of-pocket expenses you
incurred. If the registered owner doesn’t cooperate,
you have two options regarding the seller: (a) ask them
to reverse the transaction (not an option if you want to
keep the horse) or (b) ask them to refund the amount of
money that reflects the difference between what you paid
and the horse’s fair market value as an unregistered
horse. If the seller refuses to negotiate, you have a
legal claim against the seller for breach of contract.
You made a verbal contract to purchase a registered
Quarter Horse, you delivered the purchase price, but the
seller did not deliver a registered Quarter Horse.
Whether or not you pursue your legal claim against the
seller is up to you.
This
situation is a good illustration of why it is important
to obtain and examine the horse’s original
registration papers at the time of sale. The
registration papers should match the horse (color,
markings, age, gender) and should bear the name of the
seller as the registered owner. Keep in mind that
without the original registration papers in your name,
what you have is a grade animal, so horses without
papers should be priced accordingly. See the Equine
Legal Solutions website for more information about
purchasing a horse.
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