Advice on vetting and deposits

[Fouracre]

Hi, i am new to all this so please bear with me. I am looking for some advice.

I rarely sell any of my horses, and keep them all their lives, but after a very wet winter and issues with turnout for my guys, i have come to the sad decision to sell 4 of my youngsters.

The mare sold on the first viewing in January and passed a vetting with flying colours. This was the first experience i had had of a vetting, but it went fairly well, and it gave me assurance that she was fit and well, which i never doubted, but it was nice to know a vet agreed with me.

I then put up another youngster for sale - broken, but left to mature and so in effect a project. I was inundated with calls about him and ended up taking a weekend off work as organised unpaid leave to deal with the amount of viewings that people wanted (the weekend of Storm Ciara). One couple in particular seemed suitable, and wanted to be the first to see him. They were driving up from West Sussex, but with the weather being bad, had to turn around. She rang me to ask if she could put a deposit on him, as i explained i had other more local people wanting to view. I agreed but said on the phone it would be non refundable. They were happy to take him, but then on the Monday decided they would like a vetting, which i agreed to - i wasn't hiding anything and would have prefered it he went with them knowing about him.

The vet came out and was not best pleased with him from the start as he was jumpy. He did not do a thorough vetting, and certainly did not do anything near as much as the prior vet had done. He also hit him to make him stand still, which of course made him worse. He said that because he could not do a thorough examination that he would speak with the potential buyers and see what they said. I explained this via text to them as they were at work, and she said not to worry and she still wanted him.

However, she has texted this morning to say that she now did not want him and wants her deposit back as he failed the vetting. The vet stated to me that the vetting was incomplete, not failed. I have held him for over 10 days, facilitated a vetting and put other buyers off for them, as well as stating that the deposit was non-refundable.

Where do i stand on this? I foolishly have nothing in writing - lesson learned - but i want to do what is fair.

Any advice appreciated.

 

[Pearlsasinger]

I don't understand why the vetting went ahead at all on that weekend. One party or the other should have postponed. If the buyer didn't mention having a vetting when she left the deposit, you should not return it, imo. If she said it was dependent on the horse 'passing' the vetting then you should give it back, even though the vetting was incomplete owing to the weather.

 

[Dwyran_gold]

I always thought a non refundable deposit was just that to be honest. I wouldn’t put a non refundable deposit down on anything and expect it back, but, if I were you and they asked for it back out of protest for a ‘failed’ vetting (she’s obviously changed her mind for other reasons as it’d make more sense to get the vet out again when its not a storm and he’s not on high alert and can actually be vetted properly)
I would just give it them back and start again and organise the rest of your viewings. X

 

[bonny]

If you think you can easily sell the horse then I would give them back their deposit, the weather is no ones fault...

 

[ihatework]

I’m mean, I wouldn’t refund a non-refundable deposit (how much / what %) but then I’m generally wary of taking a deposit especially if a vetting is involved.

It takes a lot of time selling horses and buyers do have a habit of time wasting

 

[Roxylola]

In principle, I'd say you've every right to keep your deposit. In reality I think I'd just send it back because I could not be bothered with having to deal with them