Is it wrong of me to withhold papers? Slightly long...
I'll try to make this as concise as possible.
I traded a registered, branded WB mare in September for a horse Mr. Heinz could ride, a QH mare owned by an acquaintance of mine. The QH was advertised as not registered BUT with all necessary paperwork in hand to be sent in to get her registered, owner just didn't have the necessary cash to do it. I have saved conversations between her and I where I explained to her how important it was to us to get the QH registered and her stating that she hadn't been able to afford it, prior to the sale.
We have a signed contract that includes a sort of "give back" clause, essentially a first right of refusal but without a price tag. Two separate contracts, one for each horse. Unfortunately, I did not address the issue of exchanging papers in the contract, as I've always done that at the same time as the bill of sale, but that isn't how things occurred with this transaction.
Acquaintance told me a few weeks after the exchange that the papers "weren't where she thought they were" and that she would need to look for them. No problem, let me know when you find them. You can probably see where this is going, now.
Fast forward to now. I've contacted her multiple times with no response, until I finally sent her a message a few weeks ago stating in no uncertain terms that she WILL NOT be getting the papers for the WB mare she now has until she can produce the necessary paperwork to get the QH registered. This was met with some excuses and arguments about how she sold the mare as grade (untrue, ads specifically stated that she could be registered and that all paperwork was in hand to do so) and has been too busy to look for them, her mother must have moved them, etc. When I did not budge and reminded her of her advertising strategy, she eventually said she would look for them again.
I normally would send the papers with the horse and recognize how important it is to keep the two together. However, in this particular situation and given the contract stating that the mare is to come back to me if this girl ever decides she doesn't want her (so little chance that the mare will be sold to another party without papers), is it wrong of me to withhold the papers on the WB mare? If I give them up, I have no leverage otherwise to attempt to get the paperwork I need. She lives just a few miles away and we have many of the same friends, so I keep pretty good tabs on what is going on.
Think of the warmblood mare...
A warmblood mare without papers is more at risk that a warmblood mare with all her papers. Don't condem the mare, admittedly this is not a good situation and perhaps you just want to say contact me at any point you rehome the warmblood mares as she is proven not responsible with registration issues. She isn't alone in this, it is a common problem. You should have understood the probems before you entered in the arrangement I guess...hindsight being 20/20. We all learn...I have from this. ANyway take care. PatO