deposit left for my horse

lg4770

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19 March 2010
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HELP - a lady came to view my horse last thursday, she loved him, offered the full asking price and left me a cheque deposit for £200. I told her i would pay the cheque into my bank the next day (friday) and the deposit would only be refundable if the horse did not pass the vet. Unfortunately i didnt write a receipt for the deposit. Anyway she booked the vet for the following thursday and anyone else that called about the horse, i told them he was sold pending the vet. The lady called me on the Sunday evening and asked if she could come and ride the horse the following evening (monday), i said yes of course and she turned up with her instructor, they both rode the horse and that was that. The next day (tuesday) she called me to say she had changed her mind and now didnt want the horse and could i give her deposit back. Where do i stand ? 6 days after she left the deposit, she has changed her mind. I could have sold him to someone else in that time, she has totally wasted my time - do i have to give her the deposit back ??????????
 
Er, no! Thats the point of the deposit! She effectively was paying for the right to reserve him, which you did. What would be the point of a deposit if people could just demand them back?! Good luck!
 
If the understanding of both of you was as you described (i.e. deposit to be returned only if horse failed vetting) then it is yours to keep.

Practically it is likely to be yours to keep anyway without her having a receipt but obviously you want to do the right thing.

How did you leave it on the the phone?
 
she text me with her address and asked for the refund of the deposit and i texted back saying ok, but when i spoke to everyone at my stables they all said, no way, they told me to write to her explaining why i am not refunding it, do you think that would be the best thing to do ?
 
As others have said, there is no point in a deposit if you give him back because she has simply changed her mind. I would write to her and explain the reason for you not returning the deposit.
 
Keep the deposit.

someone put a deposit down on one of mine (£400) and decided a week later she didn't want such a young horse and i kept the deposit.
 
No, just tell her that the deposit was paid subject to the vetting and unless the horse fails the vet she either buys or forfeits the deposit.

That is the point of deposits it is to stop people changing their minds!
 
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