Horse sold and not collected.

[AmyMay]

sounds fair. do it now. that gives her tomorrow a nice sunday day to pick the horse up if she really wants it

Absolutely

 

[tonigin]

Thank you all so much for your time and input I will update what is happening.

 

[Keith_Beef]

You are all too kind. I would take a different view and send a text message saying the horse was put down following an accident and then sit back and wait for a reaction.

I think the vendor has had problems with livery and has no where to put the horse.

Or it might make the buyer decide to go completely off radar and block OP's number to prevent reception of futures text messages...

 

[AmyMay]

Or it might make the buyer decide to go completely off radar and block OP's number to prevent reception of futures text messages...

In which case they get neither horse nor refund...

 

[Happy Hunter]

Livery is not a problem she has her own 60 box livery yard, I just want to message her and say as she hasnt kept to todays deadline. Horse will now be readvertised and sold, and monies will be returned once sold less livery and any reducution in price I have to take due to time of year now.

That's got to be the fishiest part.... best if luck OP. This is more intreguing than an itvdrama!

 

[AdorableAlice]

In which case they get neither horse nor refund...

Exactly. There is obviously something very wrong if the horse has been tried, vetted, deposit left and balance paid and then left with the vendor. Ten weeks has elapsed and no progress. The purchaser must have some sort of problem and is simply ignoring the requests to pick the horse up. It is winter and a tough one given the weather, it costs money to feed horses and time to look after them. Maybe the purchaser has lost their job etc.

The vendor needs closure, she has the money for it, whose responsibility is it to provide care or worse, emergency care should it colic tonight. It is not like selling a bike which can be propped against the wall until collection. The vendor knows the purchaser has a 60 box livery yard, why not just deliver the horse with an open mind and if the yard is a dump or there is evidence of poor welfare just take the horse home again.

 

[Lois Lame]

That's got to be the fishiest part.... best if luck OP. This is more intreguing than an itvdrama!

It's most puzzling. Maybe we could make this into a novel...

 

[southerncomfort]

If the horse were on the cheaper side I'd be suspicious that the buyer is in fact a dealer and has every intention of selling on for a higher price. And is letting you pay for livery while she lines up potential buyers.

Or maybe she is just rude and uncommunicative!

Either way it's all very strange!

 

[Ambers Echo]

I suspect the buyer really wants the horse and is having some sort of major life event that is making her drag her feet and stall for time. But that's not the OP's problem. This is tricky situation legally. The plan of cancel sale, and refund when sold minus livery fees and season-related loss of value does make sense and seems fair, but you'd need to run it past a legal expert to ensure you can make deductions from the refund legally.

It seems that either you cancel the sale and that takes you down one route or you accept the horse is sold and start charging livery fees etc and in due course issue an abandonment notice. There may be pros, cons and risks to either approach.

Let us know how you get on. A weird one for sure!

 

[exracehorse]

I read this online.

1. Where the Horse is not collected immediately upon ownership of the Horse passing from the Seller to the Purchaser, the Purchaser agrees to indemnify the Seller against all costs incurred in caring for the Horse except basic livery which the seller will not charge for the first 3 days since purchase price was received or horse was vetted, whichever was first. Costs of farrier, veterinary costs and livery costs after 3 days etc will be charged for until the Horse is collected by the Purchaser or their employee/agent. Any loss, damage or injury howsoever caused by the Horse whilst the Horse is at the Seller’s premises awaiting collection by the Purchaser shall be the Purchaser’s responsibility.

 

[exracehorse]

Years ago my YO had a lady arrive with two ponies. Paid upfront for a long period of time. Then simply disappeared. He never saw or heard from her again. He sold them in the end at market. There are some odd folk.

 

[Ambers Echo]

I read this online.

1. Where the Horse is not collected immediately upon ownership of the Horse passing from the Seller to the Purchaser, the Purchaser agrees to indemnify the Seller against all costs incurred in caring for the Horse except basic livery which the seller will not charge for the first 3 days since purchase price was received or horse was vetted, whichever was first. Costs of farrier, veterinary costs and livery costs after 3 days etc will be charged for until the Horse is collected by the Purchaser or their employee/agent. Any loss, damage or injury howsoever caused by the Horse whilst the Horse is at the Seller’s premises awaiting collection by the Purchaser shall be the Purchaser’s responsibility.

That assumes the sale went through on receipt of payment and the horse now belongs to the new owner. I am not sure what the situation is if the OP cancels the sale. It's a tricky one.

 

[Melody Grey]

I read this online.

1. Where the Horse is not collected immediately upon ownership of the Horse passing from the Seller to the Purchaser, the Purchaser agrees to indemnify the Seller against all costs incurred in caring for the Horse except basic livery which the seller will not charge for the first 3 days since purchase price was received or horse was vetted, whichever was first. Costs of farrier, veterinary costs and livery costs after 3 days etc will be charged for until the Horse is collected by the Purchaser or their employee/agent. Any loss, damage or injury howsoever caused by the Horse whilst the Horse is at the Seller’s premises awaiting collection by the Purchaser shall be the Purchaser’s responsibility.

All totally fair enough and reasonable, but I can't see how that could be legally enforced if that hasn't been served to the buyer prior to the sale? Hence why we're so frequently read the riot act when purchasing things over the phone or in the small print of online sales I guess? I realise a horse is different, but it does still come under the sale of goods act as far as I know....which is why I think just cancelling the sale would be preferable.

ETA: what I'm trying to say is that's you can't change the rules after the deal has been struck. (Even though i totally get where you're coming from and sympathise!)

 

[exracehorse]

All totally fair enough and reasonable, but I can't see how that could be legally enforced if that hasn't been served to the buyer prior to the sale? Hence why we're so frequently read the riot act when purchasing things over the phone or in the small print of online sales I guess? I realise a horse is different, but it does still come under the sale of goods act as far as I know....which is why I think just cancelling the sale would be preferable.

We need Judge Rinder advice 😀

 

[windand rain]

seems to me that buyers can be as difficult as sellers. As said before sell the horse and refund the other person the amount you receive now not what it was worth initially you may even have to reduce it further due to market forces. But the caveat to that is make sure you legally can

 

[Toby_Zaphod]

Amymay because it is right to do so. She has been using her time & money to look after their horse for 10 weeks. They should pay that bill on top of whatever they paid for the horse. Would you pay 10 weeks livery, food & hay looking after a horse that you no longer own!

 

[AmyMay]

That assumes the sale went through on receipt of payment and the horse now belongs to the new owner. I am not sure what the situation is if the OP cancels the sale. It's a tricky one.

The thing is payment may have been received, but it doesn’t mean it’s accepted. So the horse doesn’t automatically belong to the potential ’new owner’.

I think posters are making it overly complicated

 

[AmyMay]

Amymay because it is right to do so. She has been using her time & money to look after their horse for 10 weeks. They should pay that bill on top of whatever they paid for the horse. Would you pay 10 weeks livery, food & hay looking after a horse that you no longer own!

Eh???

 

[Bellaboo18]

The thing is payment may have been received, but it doesn’t mean it’s accepted. So the horse doesn’t automatically belong to the potential ’new owner’.

I think posters are making it overly complicated

I think this is a good point.

I'd ask the bank to refund the money (minus deposit), text and say the sale is cancelled and then move on.

 

[Pinkvboots]

You are all too kind. I would take a different view and send a text message saying the horse was put down following an accident and then sit back and wait for a reaction.

I think the vendor has had problems with livery and has no where to put the horse.

Lol!!

 

[Ambers Echo]

I think this is a good point.

I'd ask the bank to refund the money (minus deposit), text and say the sale is cancelled and then move on.

Yes but she wants to claim back 10 weeks worth of livery and is suggesting she will only offer a partial refund. It is that bit I am not sure is legal. I agree OP could just cancel the sale - end of. But if she wants to recover some of the what this has cost her then she needs advice imo.

 

[hihosilver]

cancel the sale immediately. Draw a line under the cost and re sell the horse. Whole thing is ridiculous!

 

[AandK]

This is just madness. There is no way I’d want to sell a horse to someone this flaky. I’d text them saying as they did not collect by 30/11 the sale is cancelled and ask for details to issue a refund minus livery costs.

 

[Bellaboo18]

Yes but she wants to claim back 10 weeks worth of livery and is suggesting she will only offer a partial refund. It is that bit I am not sure is legal. I agree OP could just cancel the sale - end of. But if she wants to recover some of the what this has cost her then she needs advice imo.

No I doubt it is legal so personally I'd just write the livery cost off and move forward. Some people are just near on impossible to work with. If the bank can refund the money tomorrow and a text is sent the horse can be readvertised the same day. I wouldn't waste another week on this buyer.

 

[AmyMay]

The livery fees can be claimed for through the small claims court.

OP, any update?

 

[tonigin]

I have tried calling today phone just rang and rang, so have sent her a text messages saying I have been patient long enough 11 weeks now is it too long I said on Thursday in my text if horse is not paid for and collected by Saturday (30th) the horse would be going on sales livery, you have not contacted since paying in full and if i dont hear from her by the end of today I am taking legal advice in the morning to recover costs and what to do ongoing.

 

[SusieT]

you need to just give her a deadline, dont fanny saying you 'will' take legal advice- DO IT . otherwise she will continue to string you along.

 

[JanetGeorge]

I have messed my poor yard owner about giving notice and it is a lesson learnt if I ever sell a horse again I will not take a deposit and they will only be sold when i have full payment the day they collect.

A weird situation to be in. As a breeder, I have sold about 140 horses - from weanlings to grown-ups - and never hit anything this bad. I don't take deposits - even for foals. I just tell people they are first in line if the horse isn't ready to go an of course then don't charge livery. After sale is agreed, I expect horse to be paid for and collected within a reasonable time (up to 10 days if they have trouble arranging transport.) IF they told me up front that they couldn't collect until after Christmas (or whenever) then I would treat it as a livery. I'm not a lawyer, but I would e-mail immediately and tell them that - from the date of final payment you WOULD require livery costs and other expenses - but as you're not the owner, you can't do insurance so it is 'at their risk'. Make it clear that if the horse is nOT collected within a week, then the sale is void and you will refund purchase price less deposit. IF they do, you might have trouble reneging on the sale - otherwise, if they tried taking you to court they would be laughed out.

 

[Illusion100]

You sold the horse and the buyer paid the requested amount. They have not collected the horse, despite your goodwill and communication and requests for them to do so.

I'd keep the money they transferred and re advertise sale. Sell your horse to another buyer and let the people who have messed you about take you to court. You will have kept the money to return to them should the Judge rule in their favour, it is very unlikely they will add any court costs, you will simply break even yet have the horse sold to an alternative buyer.

 

[cremedemonthe]

You have far more patience than I have, she would have been given the boot long before now, hell I get annoyed if people don't turn up to buy a cockerel collar when they say they are going to let alone a horse after 11 weeks!
Good luck OP, let us know how it goes, I know there's always 2 sides to every story but she really is taking the pee.
Oz