help regarding deposit/sale (sellers p.o.v)

spike123

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Asking this on behalf of a good friend. She has never had this happen before so it's a first for her. She took a deposit from a buyer for two of her foals last month. The deposit was £100 per foal and the buyer then was to pay the rest in installments. Last month she paid one installment for one of them and nothing on the other.She was meant to pay the next installment plus catch up from last months missing payment. Buyer kept in touch saying she would be there by x time and then kept making excuses for not coming up. Seller had got a contract in place where the buyer agreed that they had paid the £100 deposit per foal and was then to pay x amount each month on x date til the remainder had been paid and then the foals were hers to take away. It was also agreed in the contract that if the monthly amount was not paid by x date then she would forfeit her deposit and the buyer would lose out. Well buyer has not kept up with payments. Once is forgiveable but twice? Anyhow seller has told buyer that as agreed the foals had not been paid for and the deposit would not be returned as the foals would need to be readvertised as other buyers had been turned away. Buyer is now bad mouthing seller to all they can and threatening seller with court action. Where does seller stand in all of this?
 
Yep your friend is well within her rights to keep the deposit money. The buyer wouldn't have a leg to stand on. And if she starts threatening police they won't help as its a civil matter and the buyer would end up paying more going through a small claims court. In future tell you friend not to accept any payment in instalments.
 
Thanks all. You have basically said the same as I have told her. I also worried about whether they could afford to keep these foals if they couldn't meet the monthly amount. I seriously doubt she will allow another buyer to pay via installments in future.
 
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