Agreed purchase price, but seller sold to someone else!

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myhorsefred

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Am really upset as I type this.

Found a gorgeous horse I wanted to buy with a well known dealer (who usually has a brilliant reputation too!)

On Wednesday I agreed to purchase a horse from a well known dealer, and she agreed to take my horse in part ex. We agreed to both get quotes for transport. She did not want a deposit.

I rang and left a message last night to update her on transport dates.

She texted me this morning to say that she has sold to someone else! Can she do this - we had mutually agreed a deal.

Can i hold her to the sale?
 
I think you need to speak to a lawyer asap. I am not a lawyer but as far as I know a verbal contract is as binding as a written one under UK law. Do you have any witnesses who heard you agree the price etc.? Without a witness is may be harder to prove, and either way you may need to prepare yourself for hefty legal costs if you want to enforce the contract.
 
She texted agreeing to the sale, so I guess I have something in writing. Although, I understand a verbal contract is just as binding as a written one.

I have a text from her anyway, agreeing also to transportation next week, also saying she did not want a deposit.
 
Hmm, she has a business to run I'm afraid and if someone came with the money you can't expect her to hold for you (different if you left a deposit as that is a legal requirement). So many timewasters view horses and not sure you should have expected her to get quotes for transport either. Very frustrating though and you have my sympathy.
 
Scarymare - she offered to get quotes as she knows lots of transporters. She freely offered this. Anyway, i sorted the transport myself. I am cross that she sold the horse that I thought I was buying in good faith from her. I offered her three times to give her a deposit, and she said it wasn't needed.

I am really, really upset. Just wondering if I can enforce the contract we had.
 
No, of course you can't enforce the contract! She has sold the horse to someone else and very likely it has left her premises.As you have incurred no costs, other than those of going to view the animal originally, I can see no point in seeking legal advice.
Yes it is very annoying and if I were you I wouldn't deal with this person again AND I would tell every-one I know about the experience. That is not a very professional way to run a business.
 
yes, a verbal contract is legally binding and the text message is proof of it happening. BUT.....is the hassle of going down the legal route worth it? Your best bet is to phone her a say you are going to seek legal advice and see what she comes up with, if nothing then go see someone at citizens advice and see what they say as to whether you pursue it or not.
 
This has happened to me too. Now I ALWAYS put down a deposit and get a reciept with what has been agreed. A hard lesson, but she would have only sold it to someone else who came up with a better offer, maybe with no exchange.
 
I made a point of asking if a deposit was needed (three times I asked), and no that was fine, no deposit needed.

We agreed that we had a deal and that was that. We even agreed that transport would be next week.

I booked and paid for the transport, which was £600. And now she has sold the horse to someone else, knowing that I have paid for the transport. That's not fair.
 
Did you pay for the transport in full before they delivered the horse ? Thats unusual isnt it ? Perhaps you can get some of the money back as they haven't had to pay for diesel or their time.
Really sorry you lost out on the horse, the dealer should have honoured the sale, you've been so unlucky. Were you offered no explaination as to why the horse was sold to someone else ?
 
myhorsefred said:
I made a point of asking if a deposit was needed (three times I asked), and no that was fine, no deposit needed.

We agreed that we had a deal and that was that. We even agreed that transport would be next week.

I booked and paid for the transport, which was £600. And now she has sold the horse to someone else, knowing that I have paid for the transport. That's not fair.
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Blimey where were you having him brought from? Alaska?!

Awful situation to be in and you have sympathy, no advice as I don't know anything about this sort of thing though...
 
I paid for the transport in full, because I won't be at the yard on the day the transport is taking place. A friend is meeting the transporter for me.

The reason I had on text this morning was that a good client who she had sold to before wanted the horse.

The transport was £600 because I was paying for delivery of new horse to me, and also returning my horse to the dealer as it was a part exchange. So, a two way journey.

I really trusted this dealer as no-one has had a bad word to say about her, so when she said she didn't need a deposit I didn't worry. Now I've lost the horse and £600. I'm gutted.
 
You should still be able to get all but an admin fee refunded by the transporter but be quick so they can re assign the lorry.
 
I dont think it will be worth pursuing as could cost more if done through a solicitor but i would try and get your money back through small claims for the transport costs especially as you have txts from her as proof.

It is a bit of a dirty trick to play in my opinion any horses i have sold if i didnt take a deposit but had agreed a deal i would honour it especially when arrangements were being put in place it is very unprofessional and makes you wonder if you can take ayone at thier word.

It must also be very dissapointing at now not getting your new horse chalk it up as experience and try to talk to transport company to see what you can get back from them if any and for any outstanding go to small claims.
 
Thanks all for your replies.

I am shocked that this dealer won't honour the deal we had. I tried numerous times to call today but my calls were avoided and not returned. I will keep trying tomorrow.

I am tempted to go down the legal route, just because I'm annoyed now!
 
myhorsefred said:
Thanks all for your replies.

I am shocked that this dealer won't honour the deal we had. I tried numerous times to call today but my calls were avoided and not returned. I will keep trying tomorrow.

I am tempted to go down the legal route, just because I'm annoyed now!
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As others have said its very unbussinesslike I would make a list of the costs incured and send a bill if you can minimise cost by a refund from the transport do so, you could chase them for payment, small claims if nessary as its not expensive and will give them something to think about .. but as for going further i think all it would do is make money for the lawyers
 
If a dealer takes a horse in part ex then he/she still has to sell the part ex horse before all his/her money is "in". Anyone coming along offering the full amount in cash is always going to be a better bet. I doubt your dealer had even seen the horse you were part exing so it would have been a risk on her part. Along comes another buyer with no part ex and you can pretty much imagine how things will pan out. She should have warned you that a cash buyer would always take preference over a part ex deal and that if a cash buyer appeared before your actual signing over (papers, passports etc) then the horse would be sold to that person. Sadly, that's how a lot of people do business these days, ie bugger the customer. Also sadly, I don't think you've got a leg to stand on assuming you haven't signed any receipts, change of ownership forms, passports, etc. The dealer is going to argue that the deal isn't done until the paperwork is complete, and your paperwork, as I understand things, isn't even started. However, check the small print with your transporter: the maximum they should be able to charge you is a token amount for admin and, if appropriate, a % for late cancellation. As for the dealer, I'd chalk it up to experience and resolve never to have anything to do with her again. If you're feeling up to a challenge, you could write to her and explain that you are writing an article on unscrupulous business practices for your local paper and please could she explain in detail why she had agreed the sale with you then sold to someone else as you want to make sure you get her side of the story correct.
 
Even if you had paid a deposit she may still of done it. I put £300 deposit on a horsebox from a dealer who then decided not to sell it me and not to return my deposit and when I rang him swore and threatened me. Took him to small claims court and to be honest it was a waste of time. Nothing was in his name so there wasnt anything we could do to get the money back. Still annoys me when I think about it. I'm very wary over any transactions now.
 
Instead of asking if a deposit was needed, for future reference, you should have insisted on leaving one. At least then you have everything agreed upon on paper and signed by the seller. If she refused to take your deposit, that would have been really odd! Maybe the fact that you didn't insist on leaving a deposit gave the seller the feeling you would change your mind?

Regarding the transport, would it not have been much cheaper to get a transporter near you to collect your horse and return with the new one instead of doing the same trip twice?
 
Clippy said:
Instead of asking if a deposit was needed, for future reference, you should have insisted on leaving one. At least then you have everything agreed upon on paper and signed by the seller. If she refused to take your deposit, that would have been really odd! Maybe the fact that you didn't insist on leaving a deposit gave the seller the feeling you would change your mind?

Regarding the transport, would it not have been much cheaper to get a transporter near you to collect your horse and return with the new one instead of doing the same trip twice?
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I agree. Put yourself in the dealers shoes! Plus I have used a lot of horse transporters (both short and long haul trips) and have never been asked to pay up front! If the dealer called to say the horse had suffered a serious injury / or needed a colic op. would you be so keen to pay for it then?!

Better to get everything in writing and then everyone knows where they stand.
 
At the end of the day business only realy works on trust... both parties should stick to what they agreed, people who do these tricks should be named and shamed it's only fair if only to stop others having the same problem..
 
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