Potential Legal issue? Selling a horse

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clip_clop

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A friend had a pony for sale and a girl from her livery yard agreed to buy him, she paid £600 out of the total price of £1600 and then lost her job and couldn't afford him so friend had him back and they agreed that she would get the £600 when he was sold. Meanwhile he went for schooling and went up for sale at the schooling yard but they could only have him a few weeks as they already had some horses planned to come in so he came home again and was still advertised for sale. A lady came to view him and liked him and the story was explained to her.

The lady then wanted the horse putting in the girls name who paid £600 towards him which the girl is not happy about. Pony is being sold from field at a reduced price as no one has had time to get back on him, this has been explained to potential purchaser.

Does the girl legally have to put her name down/sign deposit receipt etc if she didn't pay the full balance? His original owner also sent him away for schooling etc. It doesn't sound right to me
 
Sounds like the 2 part owners need to sort the matter out before selling the pony as it will certainly put buyers off not knowing who they are dealing with. Whose name is on the passport?
 
The pony never belonged to the person who put the £600 deposit on him so it should not be in her name, the financial side is nothing to do with the new buyer, she should pay all the money to the original owner who will then give £600 back to the person who paid it, although this could be subject to reductions for expenses involved with readvertising the pony.
 
I can understand the buyers concern as she is trying to avoid someone else claiming ownership after purchase.
Could the orginal owner get a signed declaration by both parties and independently witnessed stating that the girl doesn't have any claim of ownership over the horse ?
 
The horse does not belong to anyone else until payment has been made in full. A deposit (refundable AND non-refundable) is a just deposit and does not in any way constitute ownership. Had it been a non-refundable deposit then the 2nd lady would have lost her money, as it is the seller is going to refund it to her. The horse does NOT belong to both of them, it belongs to the original person who still hold full ownership of it.
 
As the original transaction was incomplete the original owner will retain ownership of the horse. The horse is still quite obviously owned by the owner...Its a bit like paying half your mortgage and never paying the whole amount.(The householder doesnt then suddenly own a whole house when they only paid half)? I think this explains it?
 
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