Changing the condition of sale

[Luthianblue]

I'm looking for some advice if possible. I had a horse on full loan from a riding school. They were going to sell her as she wasn't suitable, was sitting as a field ornament for years.
I worked with her and made real progress so I asked to by her. They agreed, apparently they were going to give me notice on my loan and sell her anyway. The sale took weeks to go through, for no particular reason other than staff being busy.
A price was agreed verbally, I transferred the money (stupid I know), then about a week later I asked for passport etc.
They produce this contract, asking for more money than I paid and a condition that she stay at their livery for 6 months.
I had already planned to move her somewhere with better facilities /turnout etc. They now are refusing to sell her.
Do I have a leg to stand on? Anyone know?

 

[Pearlsacarolsinger]

I think you need qualified legal advice. Have they kept your money?

 

[AmyMay]

What have they done with the money you gave them?

 

[Luthianblue]

They still have it.

 

[Luthianblue]

I think you need qualified legal advice. Have they kept your money?

Yeah they still have my money.

 

[AmyMay]

Yeah they still have my money.

Have you asked for it to be returned?

 

[Luthianblue]

They did say they will return the money if I don't agree to the additional terms.
They know I have affection for the horse, and I think they are taking advantage of that.

 

[AmyMay]

They did say they will return the money if I don't agree to the additional terms.
They know I have affection for the horse, and I think they are taking advantage of that.

Ask for the money to be returned tomorrow. And walk away.

 

[Caol Ila]

Are you a BHS member? If so, call their helpline and take advantage of their free legal advice.

 

[Red-1]

If the horse is important to you, I would say he/she is yours already. A price was agreed, you paid. Simple. You would need a solicitor though, I would think a strongly worded letter may do it. Otherwise, I would walk away.

Unless the extra payment is affordable, and you still consider the deal worth doing?

 

[ihatework]

Speak to BHS legal team to see if you have any leg to stand on under the verbal agreement and payment you made. It could constitute a legal sale, but you would need legal to get into the nitty gritty of it,

Oyherwise call their bluff, get your refund and give them the metaphorical two fingers.

 

[[153312]]

You need to either get your money back, walk away and accept you won't get the horse; OR get a solicitor involved if you want the horse for the original amount.

 

[jkitten]

How much more are they asking for? Would you have paid that/thought it was a fair pricr if they'd stated it originally? Would you be able to get something similar that you like as much for what you originally paid?

They're playing massively unfair, but if there's one thing working in law and then finance has taught me is that sometimes it's a question of picking your battles, of thinking about what you actually want in the situation and what you are prepared to give for it, on every level (money, time, stress).

Whatever you decide though make sure you get that 6 month clause nixed, if you manage to get the horse, no matter what you end up paying for her, the last thing you want is to be dealing with these people for a second longer than you have to.

 

[AmyMay]

It’s not just the additional money though, it’s the conditions they’re also trying to impose (however unenforceable).

 

[I'm Dun]

Go out for a hack, load the horse up discreetly and take it away. You paid, its yours. They can chase you through the courts if they want. They wont.

 

[jkitten]

Yeah the conditions would def be a no go for me in any circumstances. However if OP decides that the extra money would be worth it to get the horse and get away from these people, she might find that they back down from the conditions if she is firm on that but gives them the ££ thry want. For people like this it's always about the ££, and sometimes giving it to them is cheaper than any of the alternatives when all is said and done (and sometimes it's not - I'm not saying OP should take this route, just weigh up all the options carefully).

 

[I'm Dun]

Once you pay the horse is yours. They accepted the money. They cant come back and change terms afterwards.

I sold a little mare as broodmare and light hack. She was on loan with a view to buy. I asked for her back as I wasnt happy with the set up, they transferred the money to me that day and there was nothing I could do. The horse was sold and no longer mine. Legal advice was to walk away, even if what they had done was morally wrong.

 

[I'm Dun]

It’s not just the additional money though, it’s the conditions they’re also trying to impose (however unenforceable).

The clause wont be enforceable once the horse is sold.

 

[AmyMay]

The clause wont be enforceable once the horse is sold.

No, it wouldn’t. But who wants to enter in to all that hassle?

 

[Vodkagirly]

Do you have anything in writing confirming the original price?

 

[Luthianblue]

I'm going to call the bhs helpline today, see how I get on. I fear I'll need to walk away though

 

[luckyoldme]

I love I'm Duns advice
They sound like they play by their own rules so play by theirs.
I'm not sure I would have the guts to do it but it would be a great thing to do.
What a bunch of @@##### s.

 

[MissTyc]

Do you have anything in writing confirming the original price?

If you have something in writing confirming the original price + evidence of paying this price, then pick up your horse and move her.
They won't get far in any court with their idea of post-sale additional conditions. The lack of receipt is annoying, but their proposal of a price + your acceptance and payment of that price constitutes a verbal contract - even without evidence, but let's be honest you do need written evidence to protect yourself.
Then either apply pressure for the original passport, or forget about it and start again. A friendly vet will help you. I've never had a problem when buying horses from the gypsies. They all come with BHS passports and may or may not be in the name of the person that currently owns them - never ever had a problem getting a passport transferred to my name without any evidence of purchase at all, or applying for a new one on the basis the old is lost and I can't remember the PIO ...

 

[Equi]

A verbal agreement is still an agreement but it would be your word against theirs in a legal battle. I’d be most inclined to just call their bluff and say we’ll that’s not what I agreed to so send my money back and I’ll bill you for the hours I’ve worked sorting out your horse in between.

 

[Pearlsacarolsinger]

Go out for a hack, load the horse up discreetly and take it away. You paid, its yours. They can chase you through the courts if they want. They wont.

That would be very tempting to me but I would want to check out the legality of it first.

 

[I'm Dun]

No, it wouldn’t. But who wants to enter in to all that hassle?

What hassle? There wont be any. idiots like this wont spend money on a court case that a solictior will advise they will loose.

 

[AmyMay]

What hassle? There wont be any. idiots like this wont spend money on a court case that a solictior will advise they will loose.

The hassle of trying to remove the horse from the yard.

 

[Luthianblue]

Got legal advice, they are in breach of contract, and the horse became mine as soon as they confirmed receipt of sale. So I was told to write them an email stating that they were in breach and see what happens.
Not sure what to do in meantime though.

 

[AmyMay]

Got legal advice, they are in breach of contract, and the horse became mine as soon as they confirmed receipt of sale. So I was told to write them an email stating that they were in breach and see what happens.
Not sure what to do in meantime though.

Do you hack the horse off site?

 

[AmyMay]

How much extra money do they want?