First refusal

[JBM]

Viewed a pony Saturday
Said we would get back to him
2 days later got back saying we would take pony ( was checking livery availability)
And was told someone had arranged a vetting for Friday
This person never viewed the horse and only seen videos and saw after our viewing..and I’m being told his lady getting first refusal? I thought first refusal was based on who viewed first?

 

[Barton Bounty]

People dont keep their word anymore. Its all different now ?

 

[Equi]

Unfortunately for many it’s first come first served or in the case of horses, first paid first sold.

 

[JBM]

People dont keep their word anymore. Its all different now ?

Haven’t even done the vetting yet I’m baffled
If he fails on Friday he think we gonna take her like?

 

[JBM]

Unfortunately for many it’s first come first served or in the case of horses, first paid first sold.

But we offering to buy said horse and wanted to keep her there for a month (paid) to be schooled more
Strange man

 

[Barton Bounty]

Haven’t even done the vetting yet I’m baffled
If he fails on Friday he think we gonna take her like?

I wouldnt be , sod him x

 

[Equi]

Perhaps the person getting a vet has paid a deposit ??‍

take it as a silver lining, if they don’t go ahead it’s likely due to the vetting.

 

[ycbm]

If i understand you right, you viewed a pony on Saturday. On Monday you called to say you wanted to buy the pony, to be told that somebody else has meanwhile bought the pony subject to vetting already arranged for Friday.

Sellers generally sell horses to the first person who commits to buying them, and you delayed doing that and someone else stepped in first.

I don't understand the problem?
.

 

[millitiger]

I don't see what the seller has done wrong, a bit puzzled.
It's up to them who they sell to, you didn't have a deposit down so you don't have any 'right' to be first in line.

 

[doodle]

I don’t think the seller has done anything wrong. First come first served. Daft to turn down a definite vetting for someone who hadn’t given a yes or no.

 

[Rowreach]

You viewed the pony, didn’t get back to the seller for two days, and in the meantime someone else offered to buy it subject to vetting. Seller didn’t agree to give you first refusal and has now sold the pony subject to it passing the vet on Friday- that’s fair enough imo.

First refusal is usually given to the person the seller would prefer the horse to go to, not necessarily the first to view.

 

[Cloball]

The seller decides who gets first refusal by definition it doesn't have anything to do with who views first. If they had told you that you had first refusal when you viewed that would be different.

 

[JBM]

You viewed a pony on Saturday. On Monday you called to say you wanted to buy the pony, to be told that somebody else has bought the pony subject to vetting already arranged for Friday.

I don't understand the problem?
.

just find it strange because I had told him we were checking if the stables had availability and would be back to him asap and was told no rush as it was arranged to be a Christmas gift which is why we would pay for the pony’s livery for a month
But I guess I misunderstood just needed clarification on what basis first refusal was given

 

[Sossigpoker]

just find it strange because I had told him we were checking if the stables had availability and would be back to him asap and was told no rush as it was arranged to be a Christmas gift which is why we would pay for the pony’s livery for a month
But I guess I misunderstood just needed clarification on what basis first refusal was given

If you were arranging livery for two days , you should have left a deposit on the pony. In those two days someone else came and left a deposit, subject to vetting.
The market moves so quickly that I'd consider it very rare for a horse or pony not to be shown and sold in the few days that a prospective buyer takes to think about it.

 

[Red-1]

I was going to fly to Ireland to view mine. It was going to take 2 days to get there, as I wanted to fly from a regional airport. Meanwhile, someone arranged a second viewing. I had seen videos, and decided to risk it as I really liked him. I offered to buy, subject to vet, unseen. I decided to commit immediately, so he was taken off the market, and so the second viewing would not happen.

I had to send videos of myself, to satisfy the seller I could ride. I paid a deposit then and there, paid the vet etc. The seller informed the other people that the horse was not available for a second viewing as someone had committed to buy, subject to vet. I dare say they were disappointed as they were obviously interested enough to come again, with a trainer. I did feel a little guilty, but then, not really, as I was the first to commit to buy and put a deposit down. In my case, what was the seller supposed to do? Tell me no, but then have the other person and/or the trainer say no thank you - by which time I may have found another, leaving them without a sale? This was last year, when horses were flying off the shelf like hot cakes. I simply could not get to view one, let alone buy it!

In your case, as a seller, I would have thought a ten-minute phone call would have allowed you to know if a stable was available. If I'd not heard back for 2 days, I would presume you were no longer interested. If someone came along with a firm offer, subject to vet, I would have taken it too.

IMO, the horse sells to the first person to commit. I don't think the seller has acted in any way badly.

 

[Bellaboo18]

People dont keep their word anymore. Its all different now ?

No word was given...

 

[Barton Bounty]

No word was given...

So? The need to quote my post was? …

 

[little_critter]

So? The need to quote my post was? …

I think Bella was agreeing with you. Not only do people no longer keep to their word...in this instance the OP didn't even give her word. So the seller was well within their rights to sell to the first person to say "I'll have him"

 

[JBM]

I think Bella was agreeing with you. Not only do people no longer keep to their word...in this instance the OP didn't even give her word. So the seller was well within their rights to sell to the first person to say "I'll have him"

I mean I didn’t put a deposit neither am I being told she did or the horse is sold I am only told she is getting first refusal so I don’t understand on where I should’ve given my word as we weren’t even going to vet personally think it’s down to miscommunication

 

[Ample Prosecco]

loo

In your case, as a seller, I would have thought a ten-minute phone call would have allowed you to know if a stable was available. If I'd not heard back for 2 days, I would presume you were no longer interested. If someone came along with a firm offer, subject to vet, I would have taken it too.

IMO, the horse sells to the first person to commit. I don't think the seller has acted in any way badly.

This!! Why would he turn down a viewing on a pony who has not sold yet?

It is very disappointing for you but you need to chalk this one up to experience. As someone who has sold on a few ponies, a viewer sounding super keen or even saying, "yes we want him but just need to ...." means absolutely zilch. I once had someone say 'he's perfect, no need to vet, I'll come and get him tomorrow' and still then vanish into thin air!

The only way to have a pony taken off the market is to secure the sale pending vetting with a non refundable desposit - only to be returned if vetting is failed. Or ask if buyer will hold for you without a deposit but you would need to specify how long for and pretty much book (and pay for) the vetting there and then. People are often complete and utter time wasters, no matter what they say on the day, so as you did not secure the sale, the pony obviously remained for sale. If someone else came along and commited immediately then any seller would have gone with the more committed buyer.

When we viewed Dolly I literally wanted Katie to wait with her to prevent any more viewings while I fetched cash for the deposit! No way was I leaving the yard without that pony being ours.

Some people hate feeling rushed like that, and want to view a 2nd time, take their time deciding, take a trainer etc. Many people insist on that but they do it knowing they might lose the pony in the meantime. As Red's story shows.

 

[Ample Prosecco]

I mean I didn’t put a deposit neither am I being told she did or the horse is sold I am only told she is getting first refusal so I don’t understand on where I should’ve given my word as we weren’t even going to vet personally think it’s down to miscommunication

The other buyer has already arranged a vetting. That means they have committed to buy and paid for a vetting. Some sellers will take a booked vetting instead of a deposit as a comittment to buy.
You, on the other hand, sounded keen, but said you needed to check about stables then made no contact for 2 days. So that buyer is now ahead of you and understandably so.

 

[Red-1]

I mean I didn’t put a deposit neither am I being told she did or the horse is sold I am only told she is getting first refusal so I don’t understand on where I should’ve given my word as we weren’t even going to vet personally think it’s down to miscommunication

In this case the seller is being honourable. The buyers have paid out for the vetting, thus have shown commitment. If they now sold to you, they would possibly cause financial loss to the buyers, if the vets insisted on still having a fee (or part of it) as they have now allocated a vet's time.

The sellers sound very reasonable.

I guess the lesson is to have livery arranged before trying a horse, or be prepared to lose it. I have paid a deposit before leaving the yard when the horse is right. I prefer it that way.

 

[JackFrost]

OP, I agree this is misunderstanding. The expression 'first refusal' is not about 'first come first served'. This other buyer just came along.

Keep focused on what you want here. The horse is not yet sold , and the potential buyer may drop out or not deliver.
If you want this horse, let the seller know clearly and politely that you are very keen and ready to buy immediately if the vetting 'buyer' doesn't complete. Have your money ready to go.
Have you also thought what your position is if the horse fails the first vetting?

 

[Ample Prosecco]

Red makes a good point: it would be safer for the seller to sell to you unvetted - as however much they the believe the pony is sound, vettings can always be hit and miss. They are behaivng very honourably in not selling from underneath the buyers who are vetting. It's a real shame but I agree, let the seller know that you are still keen should the sale not go through for any reason.

 

[Goldenstar]

The first person to get the horse vetted is the person I would sell to .
I have bought three horses by being the quickest to get the vet .
One had been viewed in the morning and the lady said she would get in touch about arranging a vetting .
I saw the horse at lunchtime and had it vetted and off the yard before the first viewer rang back .

 

[little_critter]

Had you said to the seller “yes I’ll buy him”? Or had you left it at “I’ll be in touch”?

 

[Bellaboo18]

So? The need to quote my post was? …

Your post said 'people don't keep their word anymore' but the person selling the horse hadn't given OP their word.

 

[gallopingby]

Selling horses these days isn’t easy. So many people aren’t as experienced as they would like you to think and also mess about deciding what they want to do. I bought a new horse in the summer as needed a bigger one as the children keep growing! Had discussion with seller, sent photos from home, but people were going to view the next day. Following morning phone call - they suddenly weren’t able to go so l immediately sent a deposit subject to vetting. Found a fab vet to carry out 5 stage, unfortunately had to wait a few days but seller ok, jockey for vetting was independent person, vet phoned within 2 hours and transport arranged for few days later. Meantime still have smaller one to sell due to so many time wasters. First lot were def coming to view, friends of friends and seemed ok until 2 weeks later decided it was too far to travel! Second lot were asked to send photos of there set up ….still waiting, third lot were going to come last weekend then decided this weekend, horse was ‘everything we wanted’ …..until suddenly they decided he might be too small. Next lot….and so the story goes!! First one who is suitable gets to buy, either you commit or you take your chance. Meantime people wonder why the horse advertised for 4 weeks hasn’t been sold - the reason, nobody has actually arrived to meet.

 

[maya2008]

Again, the person who arranged a vetting would lose financially if the seller sold to you. So it’s fair that they don’t. In future, if you want it, put a deposit on it before you leave the yard or via internet banking as soon as you get home. People will usually then keep a horse a week or so while you arrange to pick it up.

 

[oldie48]

When selling I've had people try the horse, be enthusiastic, tell me they'll get back to me the next day and I never hear from them again. I always expect a deposit to secure and a vetting arranged asap (if they are having one), until I have that in place I would let others view. I've always been happy to let potential buyers try a horse properly because I want it to go to the "right" home but the horse stays on the market until the deposit and vetting is in place.