Deposit refundable if failed vetting?

Catbird

Catbird

Well-Known Member
Joined
17 April 2021
Messages
165
Visit site
Need a sense check please!
A friend has seen a horse she loves and the owner has asked for a deposit which seems fine, but before it was transferred, the owner said that only 50% would be refundable if the sale didn't go through for any reason, including a failed vetting. It would not be a small amount!! Obviously the seller can make whatever demands they want, but I've never heard of that?? Surely if the horse is found not to be suitable for what it's being sold for, then it's fair to refund the lot?
This horse buying thing is a nightmare!
 
Catbird said:
Need a sense check please!
A friend has seen a horse she loves and the owner has asked for a deposit which seems fine, but before it was transferred, the owner said that only 50% would be refundable if the sale didn't go through for any reason, including a failed vetting. It would not be a small amount!! Obviously the seller can make whatever demands they want, but I've never heard of that?? Surely if the horse is found not to be suitable for what it's being sold for, then it's fair to refund the lot?
This horse buying thing is a nightmare!
Click to expand...
I don't get how they can do that. It's not fair. But vettings these days don't give a pass or fail, they only give a considered opinion based on the findings that day. Make of that what you will, but maybe that's why the vendor has said that to you.

'If the horse fails a vetting but you only want it for hacking will it matter' type of scenario I'm guessing.
 
Thanks for your reply - I'm hoping there's a miscommunication somewhere and it works out as they're a great fit. I think she's got a day provisionally booked for a vetting next week, but there might be viewings over the weekend (she's a lovely sort so wouldn't be surprised!).
What will be, will be and all that, but would be such a shame!
 
Ambers Echo said:
Nope nope and nope again. The cynic in me wonders of owner expects horse to fail and is trying to make some money of the horse anyway.
Click to expand...
Yes, that did cross our minds, but the seller and the yard etc seemed genuine and she offered up lots of info on her. 4 of us ended up going due to logistics of lifts, and between us we're highly suspicious!
 
I wouldn’t agree to those terms.

Given that stance I’d not put a deposit down and risk the horse selling elsewhere, but try and arrange a very quick vetting.
Ambers Echo said:
They tick YES or NO re wthether the horse is fit for purpose. Sure, make sure the wording is right on the contact , but YES = PASS and NO = FAIL.
Click to expand...

And you would also need to clarify ‘yes fit for purpose’ with comments such as sarcoid, foot imbalance, signs of sweetitch etc - I think the seller could fairly consider that a pass, but there might be a vetting comment that causes buyer to drop out.
 
Yes that's a much more gray area. But you can specify up front:

YES - no comments. 0% refund
YES with comments = 50% refund
NO - 100% refund.
 
ihatework said:
I wouldn’t agree to those terms.

Given that stance I’d not put a deposit down and risk the horse selling elsewhere, but try and arrange a very quick vetting.


And you would also need to clarify ‘yes fit for purpose’ with comments such as sarcoid, foot imbalance, signs of sweetitch etc - I think the seller could fairly consider that a pass, but there might be a vetting comment that causes buyer to drop out.
Click to expand...
That's a good point - I can see it getting very messy if anything comes up.
 
Sounds like the seller is setting up to make money whatever the outcome! Pass and Fail can be so subjective as IHW has said. Once the seller has the deposit, could be difficult to get any or all of it back IMO
I personally wouldnt be at all happy with those conditions.
 
Ambers Echo said:
Nope nope and nope again. The cynic in me wonders of owner expects horse to fail and is trying to make some money of the horse anyway.
Click to expand...
That does seem an easy and very dubious way or earning money.
Get another mug to pay for a vetting which will fail, rinse and repeat.
If someone buys it anyway there's plenty more duff horses about.
 
Gloi said:
That does seem an easy and very dubious way or earning money.
Get another mug to pay for a vetting which will fail, rinse and repeat.
If someone buys it anyway there's plenty more duff horses about.
Click to expand...
Yes would be, and a really horrible thing for all involved

I honestly don't think they are trying to scam her as there were no red (or even amber!) flags when we were there, and as i said, we're a suspicious bunch!
I'm still hoping it's just a misunderstanding
 
I wonder at what point the seller declared that no deposit would be returned if the horse failed the vetting.

It's just that I think some people play a smart game (what they consider a smart game) and only say at the last moment such a thing. Then, before we can get our head around such a comment, we feel already committed. I say this because my partner and I were one day showing something to a woman and her husband that we had advertised for $100. The couple were interested and the woman was singing her own praises, and at the very last second, offered $50. I was too surprised to say anything. So they paid $50 for something that was a good deal even at $100.

Catbird, can you shed more light on the timing of the sellers comment.

I saw no red flags when the woman and her husband were looking at this thing we were selling. I did wonder why she was bragging about her volunteering, but I thought she was just talkative. After they loaded the thing and left, I told my husband that we had just been tricked, and I was rather p!$$@d off.
 
Last edited:
Lois Lame said:
I wonder at what point the seller declared that no deposit would be returned if the horse failed the vetting.

It's just that I think some people play a smart game (what they consider a smart game) and only say at the last moment such a thing. Then, before we can get our head around such a comment, we feel already committed. I say this because my partner and I were one day showing something to a woman and her husband that we had advertised for $100. The couple were interested and the woman was singing her own praises, and at the very last second, offered $50. I was too surprised to say anything. So they paid $50 for something that was a good deal even at $100.

Catbird, can you shed more light on the timing of the sellers comment.

I saw no red flags when the woman and her husband were looking at this thing we were selling. I did wonder why she was bragging about her volunteering, but I thought she was just talkative. After they loaded the thing and left, I told my husband that we had just been tricked, and I was rather p!$$@d off.
Click to expand...
Wow, cheeky gits, that's a big drop! I suppose the trick is to catch people off guard

It was my friend who offered the deposit rather than it being asked for or mentioned at all. Unfortunately she's now decided not to go ahead and she wishes she hadn't said anything 🙈 such a shame as he would have been perfect
 
I am with the seller on this one, they have stated it at the start of the agreement, they are not forcing you to buy or accept those terms, its a holding fee and nothing more. I have had two fail the vetting but the buyers still bought them, whilst you are waiting for them to be vetted you could have sold them without the vetting.
I do not take deposits simply if for any reason they can not collect, can not organise a vet within a week or I just find out that I their level of knowledge or how they are going to keep it is not what I expect I just cancel the proposed sale. Its full price on collection, first appropriate buyer who gives me the money.
 
As a vet I have to say that this condition for return of a deposit causes endless issues.

Mostly when the horse is deemed suitable for purchase for the buyer's purpose, but with comments. Buyer decides they don't want to buy it with x condition (surprisingly many people want 'been there, done that' for low level PC/RC or hacking, but are not prepared to purchase with any flaws whatsoever, however minor). But can't get deposit back because horse is essentially suitable for the job. Then they put pressure on me as vet to 'fail it' (and no, we don't pass/fail anyway). I'm not playing that game, but I'm sure less experienced vets may feel the pressure.

Someone suggested on 'pass with no comments' as being the condition for deposit return. I have done 50+ vettings a year throughout my 25yr career and have never yet found a horse that I felt merited no comment at all.
 
You must log in or register to reply here.
Top