buying help

[bugbee717]

how do you stand if you have placed a deposit on a horse, and the seller then changes their mind.
how do you stand legally
many thanks

 

[rascal]

If its the seller who changes their mind you should get the deosit back. If you change your mind you dont.

 

[bugbee717]

can they legally change their mind, if i have placed a deposit then surely is it not mine.

 

[michelleice]

no buyer can pull out of a sale at any moment however your deposit should be fully refundable

 

[Booboos]

Legally a verbal contract to sell is binding irrespective of the deposit, although the deposit is good evidence of the agreement (if you did not have a third party present). I seem to recall a recent case reported on H&H where a buyer took a seller to court over changing her mind to sell and won the case.

Having said all that, it's probably not worth forcing the sale through, although the seller should give you the deposit back immediately. If they delay talk to Trading Standards.

 

[lisa_dundee]

Its not yours if you have not paid in full and have a receipt..

 

[Coffee_Bean]

You should get the deposit back I would guess.

 

[Echo Bravo]

No it's not yours, putting a deposit just secures it for you against other bidders.

 

[cptrayes]

The contract was struck for a sale, the buyer cannot legally just pull out. But forcing them to sell to you would be pretty much impossible. Legally, you could buy an "identical" horse somewhere else which cost more money and sue her for the difference. TECHNICALLY! It would cost a fortune to take it to court, proving that the replacement was "identical" would be nigh on impossible and you need just to get your deposit back and forget it.

I would, though, ask her why she has pulled out - has someone else offered more money? Has she heard something about you that makes her not want to sell to you? Can she just not bear to part with the horse?