Hows this for timewaster? Legal question

ihatework

ihatework

Well-Known Member
Joined
7 September 2004
Messages
23,930
Visit site
The horse I sold was due to be collected today, the purchaser called me last night to say she wouldn't be having him after all.

Unbeknown to me, her having the money for him was hinged on her selling her daughters horse. Which failed the vet!

Now this lady gave me a deposit, and had a 5* vetting (which he passed) and I agreed to hold him until today for her to collect. However I didn't receive the balance of money as she was going to give it to me on collection.

How do I stand legally on this? Has she entered a contract of sale and is obliged to complete?

Now I have a couple of numbers I kept hold of and am trying to arrange more viewings, and should I manage to sell him to someone else fairly quickly then I won't persue it obviously. But theoretically does anyone know if I could take it further?
 
I don't know about the legalities of completing the sale, however, she does NOT get her deposit back. There was no fault on your side.
 
I don't know about the legalities of completing the sale, but I hope it was a very big, fat deposit she gave you
grin.gif
 
surely the deposit stood as sureity for the sale of the horse so that should she go back on the sale, the deposit is yours to keep thus meaning that you suffered no economic loss or if you did, the deposit would cover it!
Best of luck.
 
Basically I see it the deposit she has paid is yours anyway to cover the cost of inconvenienec and re advertising. Contracts can be written or verbal but obviously proving what you've agreed in this case would be nigh imposssible.

Personally I'd send her a letter or email, worded nicely since she doesn't seem to have done this on purpose, just telling her what you intend to do to cover your own back. Something along the lines of

'I'm sorry to hear that things didn't work out with the sale of your horse but I still have to sell ***** and so intend to re advertise him and contact other parties who showed an interest. This being the case if I don't hear from you in the next 7 days I will assume you are unable to complete the purchase and ***** will be sold to the next suitable buyer. Kind regards ******

See how that goes.
 
I agree - the deposit is yours as the horse/you were not in any way at fault.
Although I think if you take a deposit, and your horse fails the vet, you should return it (but that's a different situation).
I don't believe she is obliged to continue with the purchase, however.
S
grin.gif
 
I don't think you can really call this person a "timewaster". It appears that she fully intended to purchase the horse and due to a change in her circumstances she is no longer able to complete the sale. It seems very similar the sale of a house which has fallen through. It would seem reasonable to retain some or all of the deposit depending on the basis of the deposit, this would presumably be written on the receipt you gave the potential purchaser when you took the deposit?

She may have entered into a contract that she is legally obliged to complete but if she cant afford to buy the horse now, taking legal action to try and force her to do so is unlikely to get you anything other than a legal bill. Take it on the chin and move on.
 
Keep her deposit and sell the horse to someone else.

If the woman has no money and still has the other horse then what sort of home will your horse go to if she is forced to buy? If she is strapped for cash he will probably end up in a scabby field without his feet done etc, etc untill she gets rid of the other horse.
 
[ QUOTE ]
I don't think you can really call this person a "timewaster". It appears that she fully intended to purchase the horse and due to a change in her circumstances she is no longer able to complete the sale. It seems very similar the sale of a house which has fallen through. It would seem reasonable to retain some or all of the deposit depending on the basis of the deposit, this would presumably be written on the receipt you gave the potential purchaser when you took the deposit?

She may have entered into a contract that she is legally obliged to complete but if she cant afford to buy the horse now, taking legal action to try and force her to do so is unlikely to get you anything other than a legal bill. Take it on the chin and move on.

[/ QUOTE ]

i certainly would call her a "timewaster"!!!!

she led B & J to believe her horse was sold...NO mention of the fact that purchaser had to get rid of their own horse at all!!!

keep the deposit..and find a GENUINE buyer for your horse.

i'd be fuming if it were me
mad.gif
mad.gif
 
QR:

Don't worry am keeping the deposit!

I do class her as a timewaster - I mean who would go out and 'buy' a horse without having the money available?!

But at the same time I do feel a bit sorry for her, she loved the horse and I think she would have given him a lovely home, but its a bit of a learning curve for her - she's just lost £500+ after paying out on vetting and deposit. She did genuinely mean to buy the horse just a few vital facts were left out!
 
What terms did you agree regarding the deposit? I normally write something to say that the horse has been sold for x amount and a deposit of x amount has been recieved which is non-refundable except if the horse fails the vetting. I would certainly keep the deposit and see if she'll give you a copy of the vetting certificate.
 
When she told you the sale was off, did she ask for the deposit back?

There are some people about with so much chutzpah that they would pull out and still expect their deposit back!
 
You must log in or register to reply here.
Top