another buyer seller question

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anita

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Mare in foal is sold on payments buyer took possession. Seller owns both mare and sire on date of breeding.

Mare foaled between payments. Who gets this foal registerd or who is the legal owner of this foal ?

Your thought?

Anita
 
I would say that the buyer is the owner of the foal once they complete payment. However, since the mare has not been transferred, then an application, signed breeders certificate as well as a transfer will have to be issued for the foal. The foal will now also need to be transferred since the dam was not in the new buyers name when she foaled.

I hope this helps.
 
If the horse is not paid for in full, and if repossession had to occur, the foal would go with the mare. The buyer is not the legal owner til all payments are made and the mare is transfered into their name. The buyer will have to get a certificate and transfer from the seller on the foal as well.

Just edited to note that this should be written into the sales contract in case the buyer defaults!
 
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