Deposit refundable?

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AmeliaVDW

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I went to see a foal and I put a deposit down in a rush.

However, I've just had a message saying the foal isn't passported or microchipped and the owner wants an extra £140 for the foal.

This has annoyed me a little as she advertised the foal as one price, then I got there and it was more expensive and now shes asking for more money for something she has to do to sell the foal legally.

I'm not happy with the whole situation and going to pull out. I know deposits aren't refundable but I am tempted to ask for it back, but should I?
 
I would say they have broken terms of the contract of sale and as such they have a choice, sell to you at the agreed price or refund your deposit
 
no harm in asking but if they are after more money as it is I doubt they will give you your money back, sound like they are trying to get as much as possible for doing as little as possible.
 
What a cheek!!! It is the responsibility of the owner to passport and micro chip, not a potential buyer...

I would call their bluff and say you are pulling out of the sale and will be round to pick up your deposit in the next 24 hrs, and see how they react.

Legally I am not sure where you stand so would contact the CAB, or the BHS if you have gold membership.

Good luck
 
ihatework said:
I would say they have broken terms of the contract of sale and as such they have a choice, sell to you at the agreed price or refund your deposit
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This.

If they hadnt changed the price then you would have a battle on your hands to get the deposit back. You have entered into a contract with them - you would have to argue that you had reasonably presumed it would have a passport as per the law, however this could be argued about not stated in add etc ( unless it was).


However.. if they changed the price after you left your deposit ( like you said) then they must either sell at previously agreed price, or refund.

We deal with it alot in my line of work as we take non-refundable deposits. I have had lengthy discussions with trading standards regarding it - and to put it simply it is who ever breaks the contract who forfeits.

So if you just decided against, as you changed your mind - they have a right to keep the deposit. However if it them who changed thier mind, then they must refund.
 
Isn't the deposit to secure the sale at the terms agreed at the time? Therefore they shouldn't be able to change the terms, because that is why you have paid. They must return the deposit and ask to renegotiate. I hope you get it back but I think it might be difficult!
 
Thankyou. I just replied summarizing all.you lot have said.

Seller replied asking what's the best way to give it back.

Thankyou again for the advice :-)
 
AmeliaVDW said:
Exactly what I though but I've been told by the seller that she never passports any of her youngstock before selling :O
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Good for her... she's broken contract and is selling illegally, request deposit back. Worth getting solicitor to write letter stating this (very cheap) so she doesn't play silly ******s.
Do you have original advert?
 
alainax said:
This.

If they hadnt changed the price then you would have a battle on your hands to get the deposit back. You have entered into a contract with them - you would have to argue that you had reasonably presumed it would have a passport as per the law, however this could be argued about not stated in add etc ( unless it was).


However.. if they changed the price after you left your deposit ( like you said) then they must either sell at previously agreed price, or refund.

We deal with it alot in my line of work as we take non-refundable deposits. I have had lengthy discussions with trading standards regarding it - and to put it simply it is who ever breaks the contract who forfeits.

So if you just decided against, as you changed your mind - they have a right to keep the deposit. However if it them who changed thier mind, then they must refund.
Click to expand...

Agree with this, and this is the line I would take with them.
 
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