Deposit!

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GREYSMEADOW

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May I please have your advise on return of deposit if you put down a £X00 deposit for a horse subject to the vetting and get it vetted but you don’t get that ‘YES its passed’ from the vet - should you get your £200 returned – surely this is standard practice isn’t it. Many thanks in advance.
 
In my experience yes, but I've always agreed this in no uncertain terms before putting the deposit down, so they can't quibble it if I'm not happy with vetting ;)
 
I've always had a receipt that says deposit of x amount paid subject to vetting. Provided you have this I don't see how they can refuse to return your cash. Your vet will probably need to let them know what it failed on though.
 
Arrrr that's a difficult one ,I think you may lose the deposit if you back out now are you a Bhs gold member if so use their legal helpline.
 
Vets rarely put fail, unless it is a clear cut decision such as obvious lameness before any flexions or exercise or something that makes them unfit for purpose.
Otherwise it is more down to their findings that you then make an educated decision on as to whether to proceed or not.
Your deposit should be returned if there is any debate over the soundness, if the horse needs treatment that is not your problem.
 
GREYSMEADOW said:
Thanks for your replies everyone. The vet recommened x-ray to determine treatment/damage which should not be at my expense surely.
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No definatly not at your expense ,I don't agree with be positives post in more than forty years I never has a vetting that ended in a not clear cut desision it's always suitable or not suitable.
Speak to the BHS legal people hopefully the owner will let you bow out with grace good luck let us know how you get on as it wouldbe good to know how this all works out .
Good luck remember the right horse is out there don't get disheartened.
 
I went through the legalities of this type of thing when acquiring a car and subject to NRMA inspection was too vague to enable me to demand the return of the deposit if I was not happy with the results of the inspection, although it allowed me to back out of the sale.

The NRMA were able to tell me the exact wording that should be used and it was quite lengthy and spelled out that the inspection had to be satisfactory to me, otherwise refund returned in full. It can be quite a grey area, if you have had your horse vetted that may meet the requirement to proceed or not proceed with the sale, but the conditions on return of deposit also need to be spelt out clearly. I would suggest that the legal department of the BHS should be able to tell you what wording exactly is required to ensure the refund of the deposit.

Most people will act fairly in this instance, but should someone decide to quibble you may meet the requirements for return of deposit as I understand it.
 
GREYSMEADOW said:
Thanks for your replies everyone. The vet recommened x-ray to determine treatment/damage which should not be at my expense surely.
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No it shouldnt. As you put subject to vet on the receipt and if you decide to withdraw based on the vet report as you detail above (which isnt a very minor superficial comment and which requires treatment and x rays), your deposit should certainly be returned.

Good idea to get BHS legal involved.
 
Yes deposit should be returned if did not pass vet. I had my deposit returned by vendor when the horse failed the vet, all with no problem.
 
I have known several that have not passed or failed, one the vet was not happy with several things but nothing clear cut enough to fail, they went ahead with a very expensive purchase which has been "wrong" ever since and still no clear diagnosis.
I have sold when the horse has clearly failed on flexions but the purchaser took the risk as it ticked every box, again not a cheap one.

In the OPs case, x-rays to determine treatment is not her responsibility, x-rays to see if there is a problem maybe down to the purchaser IF they want to continue but if there is enough reason to require x-rays they should be able to walk away with the deposit returned.
 
be positive said:
I have known several that have not passed or failed, one the vet was not happy with several things but nothing clear cut enough to fail, they went ahead with a very expensive purchase which has been "wrong" ever since and still no clear diagnosis.
I have sold when the horse has clearly failed on flexions but the purchaser took the risk as it ticked every box, again not a cheap one.

In the OPs case, x-rays to determine treatment is not her responsibility, x-rays to see if there is a problem maybe down to the purchaser IF they want to continue but if there is enough reason to require x-rays they should be able to walk away with the deposit returned.
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But your certificate will say suitable or not suitable for use as a ............... They don't say did not like xyz you make your mind up. The vet may note things they have seen but still has to pass or fail its their judgement you are paying for.
Not sure what your horse that failed has to do with OP's tricky situation.
 
To give you an update…..

I contacted the BHS legal team today and a representative is due to call me tonight.

On the certificate signed by the vetting vet it said…

In my opinion, on the balance of probabilities, the conditions reported above (mentions see attached addendum) (the words DO / DO NOT have been crossed out)
prejudice this horse’s suitability for purchase to be used for X Y Z.

The last 2 points of the Addendum to the certificate mentions:

Parasagittal fracture to tooth (no. x) (it’s a molar) – will require treatment.

The outcome of this vetting is deferred pending treatment of the above mentioned fractured tooth. Vet told me that the tooth needs x-raying and treatment.

My vet told me that the horse has failed the vetting (it didn’t pass) therefore you should get your full deposit returned.

I would welcome your comments, recommendations, and whatevers would be lovely too.

Many thanks.

PS. I did not buy the horse after the dentist (who treated the tooth) had been (approx. 8 days after the vetting). I did speak to the dentist the day after treatment and he could not guarantee anything. Horse would be ok to ride in a week or two, should be back to normal within a month.

Horse Insurance would exclude the tooth etc.
 
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