Purchasing query

Bluebelle666

Bluebelle666

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12 February 2012
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Hi,

I was just wondering...

If you saw a horse you liked, put down a deposit, had the horse vetted (and it passed), would there be any come back if the owner then changed their mind about selling the horse?

They should surely give the deposit back as there would be no exchange of goods but what about the reimbursement for the vetting?
 
I would ask...wonder what the legality is of the owner trying to change their mind? Perhaps a legal bod could verify? But if you have agreed a contract, to buy subject to deposit and successful vetting, then surely if the owner changes their mind they are breaking the law?
 
You cannot make someone sell anything to you so sorry you are going to have to walk away from the horse .... but - I would def be chasing for deposit, vet fees and expenses (petrol, phone etc).

Tell them what you want - keep a copy of the advert and any texts, emails etc. If they kick up then threaten with small claims court and if still no response follow this threat through. Disgraceful behaviour! Best of luck
 
As long as you got a receipt for the deposit with the words 'subject to satisfactory vetting' or something similar before the vetting you should have no problem claiming back the vetting cost and possibly some expenses, only those incurred after the deposit was placed though. The cost of going to try the horse initially or paying your RI to come with you wouldn't be covered as there wouldn't be a contract between seller and buyer at that point.

The above would assume that you agreed a price when you paid the deposit as obviously the seller doesn't have to accept whatever price that you offer after the vetting just because you paid for a vet check!
 
No legal bod but I would definitely say that you have to give back the deposit(which is to hold the sale) and also if "subject to vetting" which is an agreement that you agree to purchase after successful vetting then yes ALL costs should be paid back to the buyer. Otherwise you could have people advertising horses and changing their mind with the seller/deposit and the vet quids in! What a nice earner!
 
Thanks for your replies.

It hasn't happened to me but was a question that was posed to me by a non-horsey person 'what if they only advertise as they think there's something wrong with the horse then you pay for it to be vetted and they say they've changed their mind'.

It just made me think
 
Bluebelle666 said:
Thanks for your replies.

It hasn't happened to me but was a question that was posed to me by a non-horsey person 'what if they only advertise as they think there's something wrong with the horse then you pay for it to be vetted and they say they've changed their mind'.

It just made me think
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Whenever you hand over money to anyone you must get it in writing signed dated addresses etc and clearly state what the agreement is for ie refundable deposit in FULL and REFUNDABLE vetting if it fails vetting (which if the owner hiding ailment etc should be paid back to the buyer in FULL). I can understand if something gets picked up for the first time ever on a vetting (and it does inevitably) that the seller cannot always be liable for every little thing going, so you may not get a refund and just have to swallow the cost for vetting(it does happen). We have still purchased horses that the vet has found something wrong etc or MAY cause a problem, but we dont believe are a major inpediment to the horse. Just get in writing...dont hand over large somes of money etc. The deposit is really goodwill that you are serious about purchasing and to stop anyone else coming and buying horse. If I liked a horse that much I would act fast and complete the sale ASAP and collect. Good luck. Its good to be cautious..too many sharks out there.
 
Would be a way to get a free vetting on your horse ;)

Deposits are a contract, if either party neglects thier side of the contract, they forfeit the deposit.

If you dont want to buy the horse, you lose your deposit. If they dont want to sell the horse, they ofc must return the deposit and vetting fee. Otherwise its just a sneaky way of getting your horse vetted for free! :p
 
alainax said:
Would be a way to get a free vetting on your horse ;)

Deposits are a contract, if either party neglects thier side of the contract, they forfeit the deposit.

If you dont want to buy the horse, you lose your deposit. If they dont want to sell the horse, they ofc must return the deposit and vetting fee. Otherwise its just a sneaky way of getting your horse vetted for free! :p
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Not really, because the vet is employed by the buyer, so the report is nothing to do with the seller- or even the information regarding whether the horse passed or failed.
 
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