Seller won’t refund deposit after a small fail on vetting

[chrisejames@icloud.c]

Hi I wonder if anyone could help / advise ? I went last week to try a horse . I liked him and the seller said he had loads of viewing so he would like a deposit, the horse was priced at £9500 . I offered him £350 and he accepted it . I did feel a little pressured but I was happy. When I got in the car I thought right this horse is 14 going on 15 , I’ll organise a vetting. I immediately contacted the seller to advise and obviously book the vet in . Literally half an hour later the seller called to say he didn’t take enough deposit and insisted that I pay another £600 . I did .. I was happy. A day later I had his partner asking what time the vet was coming , was it a 2 star or 5star ? I went for 5 star , she then said the horse is no spring chicken and things could flare up ??? Any way he did fail the vetting but on lameness on the back leg , 1/10 not much … but she was not happy, she also said he was very overpriced in her opinion. I called the seller and he was angry. I said could he reduce the price as now the insurance company said they would not insure the horse because of the vetting.He was very angry and messaged /rang nearly 15 times that evening, saying I was backing out and I will not receive a penny back from him. What do I do ? He’s telling me he’s sold the horse then saying he’s still got him and isn’t selling him to anyone!! Then he’s telling me to listen to him and buy the horse ! The sad thing is I really did want him but with what has been said I really feel there is something not right ? I need advice..

 

[ester]

You got a vetting to have their opinion, so you should listen to it. Horse is lame.

Did you have a receipt for the deposit saying subject to vet?

 

[Red-1]

Hi, firstly I would advise that it looks like you have used your email as a username, so I would message admin to change that.

Next up, is is usually a 10% deposit for a horse, so that is not unusual. However, the deposit is usually marked as subject to vet. Did you get a receipt for the deposit?

If it was subject to vet, then the vendor should return the deposit as the vet was not satisfied with the horse. However, you may have to go to small claims court to get this.

I would suspect that the vendor was worried about things being flagged up, as this would indeed be usual for an older horse. However, if the vet thinks the horse is not suitable for the purpose you wish to buy him for, then he is not suitable. He may be suitable for someone wanting him for a different use.

Vettings are either 2 STAGE or 5 stage, as in there are this many parts to the vetting. The 5 stage includes working the horse and making sure he is still sound after a rest after the work.

 

[chrisejames@icloud.c]

You got a vetting to have their opinion, so you should listen to it. Horse is lame.

Did you have a receipt for the deposit saying subject to vet?

No I didn’t get a receipt from him , I initially gave £350 , then he phoned me asking for another £600 . I’m so stupid and I’m paying big time now

 

[Flyermc]

if you have there details (assuming you do) and you have texts, the vetting, original advert, evidence of having paid (assuming you didn't pay cash) and any evidence of all the calls you've had (i mean times/days etc) id write a time line of events to get ready to claim via small claims court. Its really simple to do

id then send a text (so i have evidence if needed) telling them to return your £950 deposit as the vet failed the horse by X date or you'll be taking it to the small claims court. Its possibly more difficult without a receipt, but its still worth a try.

 

[Barton Bounty]

No I didn’t get a receipt from him , I initially gave £350 , then he phoned me asking for another £600 . I’m so stupid and I’m paying big time now

Did you bank transfer? Or take the money out specifically for that?

 

[ycbm]

As i read it you paid £350 deposit, not subject to vet. That is not returnable.

The additional £600 was to hold the horse subject to vet. That might be returnable depending on what the vet has put on the certificate, but many horses of that age are fit for purpose 1/10 unsound. Most ordinary horse owners, including really experienced people like me, would struggle to see 1/10 in the hind end.

I suspect the vet has "failed" your horse because she thought you were paying too much for it, and if the seller suspects that too then he could be within his rights to withhold your deposit.,
.

 

[Patterdale]

I HATE when vets get involved with what they think a horse is worth. That is NONE of their business and not their job. They are there to vet the horse, end of.

I remember once selling a lovely PC pony for £3000. The vet passed it but said to the buyers that he’d bought a similar pony for 1700 and that therefore ours (whose record he didn’t even know) was overpriced. The novice but nice buyers pulled out because I wouldn’t lower to the ‘vet recommended’ 1700.

I digress though….with regards your deposit if you don’t have a text or receipt saying subject to vet, you’ll struggle but you can always try threatening small claims and see.

 

[Merry neddy man]

#1 you say he is not selling him to anyone now, in that case he can't legally keep a deposit for something that's not for sale. Just tell him if deposit is not returned tomorrow (Friday 24 February ) you will go to register a court order against him on Monday.

 

[ycbm]

#1 you say he is not selling him to anyone now, in that case he can't legally keep a deposit for something that's not for sale. Just tell him if deposit is not returned tomorrow (Friday 24 February ) you will go to register a court order against him on Monday.

You can't register a court order, only a judge can do that. She can raise a small claim and that might make him pay up, costs very little to do and is very easy.

The problem is that it's not entirely certain that she is actually owed the money. The horse "passed" in that she asked to complete the sale, but with money knocked off because the vet said he wasn't worth the price (irrelevant)/ he had insurance exclusions (what horse of 15 doesn't?).
.