What to do when seller will not hand over the papers?

[madoy]

I have contacted the AHS office (havn't heard back yet but only just send them an e-mail) to find out what I can do about this. I would like to take the horse to an inspection but need her papers to do so. Anybody know what happens if I can't get them off of her? It's a broodmare so it does matter to me.

[misita]

I hope you have a contract with the seller?

[madoy]

Not one with her signature on it, but I do have a paper trail for the $ exchanged as well as e-mails that negotiated the price... I know, I know, not good on my part but I have bought several horses from her over the last few years and didn't think it would be a problem... :confused:

[Sonesta]

Not one with her signature on it, but I do have a paper trail for the $ exchanged as well as e-mails that negotiated the price... I know, I know, not good on my part but I have bought several horses from her over the last few years and didn't think it would be a problem... :confused:

Hmmmm, are you sure the mare does have papers? Sounds like there may be a problem there. Especially if you have bought horses from her before with no problem. What excuse does she use for not giving you the papers?

[Justice]

AHS will be able to tell you whether the horse is registered, and if you have a bill of sale, they will likely sell you an additional set of papers. Assuming the mare is registered, it's not that uncommon for people to need an additional set of papers, and can be part of the paperwork for the mare inspection. In my experience, the registries WANT nice mares in their registry to do the mare inspection, and will help as much as they can.

[madoy]

Thanks, that's very helpful. Yes I am sure she is registered, I have a copy of her papers just not the original. And she is a very nice mare, super bloodlines, conformation, movement and temperament (although a bit sensitive, which is fine as I am breeding for myself anyway).

[wehrlegirl]

I had this happen a few months back with a mare reg. with RPSI.. it was suggested ( though at first I didnt want to go there) that I give a deadline and say after that time I would have to pursue action in small claims court. Like you I had a 'paper work trail', emails etc. However, she wouldnt even give me a bill of sale. In this case the woman was just being nasty for us pulling a gelding out of her barn for training (or should I say, lack of,.. long story). I had the papers by the end of the week...

I should add... my biggest 'card' was the digital image of the cashed check I had written over to her.

[ise@ssl]

I'm just curious why she didn't give them to you when you picked up the horse.

[Dalemma]

Well when selling....no money, no papers and when buying no papers, no money....its a simple rule.

Emma

[FrenchFrytheEqHorse]

What is the incentive, exactly, for a seller to hold onto papers? Is it spite? Do they think registration papers somehow give them some sort of entitlement to the horse at a later date? Is it too much work to mail them out? I think it's been proven several times in court that posession of registration paperwork does not prove ownership, so it seems a little nutty to not just mail them out to the new owner??

Perhaps the originals have been misplaced (I know I lost my gelding's years ago, but no real matter considering he's not being bred to anything anytime soon, haha)??

[madoy]

Hmmm. Not sure what the issue is. She sent the horse over in the fall (without payment, I made it clear to her that I could not give her the $ until the Spring, like I said I had bought several horses off of her in the past so did not think it was a big deal, thought I would get the papers when I actually paid for the horse. She did not want to have to pay to care for the horse anymore, and trusted me with her for 5 months before I paid for her, so I certainly thought I could trust her with the papers!) I ( or clients of mine) have bought 4 horses from her in the last year and a halp, and one other time there was a small delay but she did in fact send them. This time I am not so sure, it's been much longer, definite mistake on my part for trusting but like I said she trusted me with her horse, so I was more than willing to trust her with the papers! Lovely woman to deal with otherwise, and only a small breeder but man does she have an eye for horses. There is a reason I have gone back to her again and again! All of her horses have been WELL above average, and the mare of hers that I now have was the foundation mare of her breeding program.

[camohn]

Like the others said: start with giving her until date X to get you the papers and send it registered mail so there is proof she got it.

[Home Again Farm]

Hmmm. Not sure what the issue is. She sent the horse over in the fall (without payment, I made it clear to her that I could not give her the $ until the Spring, like I said I had bought several horses off of her in the past so did not think it was a big deal, thought I would get the papers when I actually paid for the horse. She did not want to have to pay to care for the horse anymore, and trusted me with her for 5 months before I paid for her, so I certainly thought I could trust her with the papers!) I ( or clients of mine) have bought 4 horses from her in the last year and a halp, and one other time there was a small delay but she did in fact send them. This time I am not so sure, it's been much longer, definite mistake on my part for trusting but like I said she trusted me with her horse, so I was more than willing to trust her with the papers! Lovely woman to deal with otherwise, and only a small breeder but man does she have an eye for horses. There is a reason I have gone back to her again and again! All of her horses have been WELL above average, and the mare of hers that I now have was the foundation mare of her breeding program.

This seems quite odd. Could there be something going on in her life right now that you don't know about — major illness, death of a close family member, etc? If she sent you the horse without prior payment and you have had prior good purchases, it seems very strange for you to be having a problem now. Good luck!!!

Having written that, I am sitting here waiting for papers on my Lab puppy who just turned a year old. I bought her at ten weeks and have been "reminding" the breeder about them for the last 8 months or so. If I did business that way, I'd be out of business. :rolleyes: Between that and the puppy's elbow dysplasia, color me very displeased. :mad: