Selling and deposits - what can I do????

Because it was agreed. Gentlemans agreements obviously hold no water now.
I agree it would be different if nothing was said, but I told the girl that the deposit would be non refundable and she accepted.
 
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well your horse failed the vet and thats that - and if they wanted the vet to vet it for eventing then thats how it goes - if I was them I would too be cancelling my cheque - infact I would not have put deposit down - would have just got an appt for the vet asap and give that to prove im a serious buyer.

sorry its not worked out but you should have cashed the cheque asap or accepted cash - never mind

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To be honest I agree, I was so foolish to trust them to honour their side of the bargain.
Now Im out of pocket for livery and feed, o well!
 
Sorry to butt in, but the point is keeping a horse for someone is a PRIVELLIGE - and you expect to pay for the privellige. If you don't want it at the end of the day for whatever reason, you should still out of good grace, accept that the seller has put themselves out by keeping the animal for you!!!
 
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If horse fails the vet then they should get their deposit back.

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I agree with this
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ditto this too,,IMHO they have paid for the vet and have no horse so too are out of pocket!!
 
I dont understand how you could expect to have a deposit AND still have viewings? A deposit is so that you hold the horse and is refundable if the horse fails the vet. If the buyer simply changes their mind, it is yours to keep. The point of a deposit in my opinion is to hold the horse for them until the vetting i.e you have agreed to sell as long as it passes the vet.
 
Yes but that's their choice, to have a vetting, its not the sellers problem. They are paying to hold the horse, its tough tits if they dont want ti for whatever reason!

If you walked into a shop and put a deposit down to hold a top - then decided you didn't want it, would you expect the money back???

I wouldn't!!

TBH I find all this ridiculous, it puts me off selling mine.
 
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I dont understand how you could expect to have a deposit AND still have viewings? A deposit is so that you hold the horse and is refundable if the horse fails the vet. If the buyer simply changes their mind, it is yours to keep. The point of a deposit in my opinion is to hold the horse for them until the vetting i.e you have agreed to sell as long as it passes the vet.

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Because I had loads of viewings lined up for her. The fact is whatever the norm is the seller and I discussed it and it was MUTUALLY agreed - doesn't peoples word count for anything?
 
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Yes but that's their choice, to have a vetting, its not the sellers problem. They are paying to hold the horse, its tough tits if they dont want ti for whatever reason!

If you walked into a shop and put a deposit down to hold a top - then decided you didn't want it, would you expect the money back???

I wouldn't!!

TBH I find all this ridiculous, it puts me off selling mine.

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Thank fox, I think you are the only one who gets my drift here
 
I think if that is what was agreed then fair enough, they should of kept to their word - trouble is, when paying by a cheque the temptation would be there to stop the cheque as you have a few days grace essentially, whereas with cash you don't - once its handed over you are in the hands of the person with your deposit.

when I bought my horse, I put down a deposit (cash) on the understanding that if it failed the vetting I got the deposit back - if I just decided I didn't want the horse, then she got to keep the deposit. I got this all written down and we both signed it. Did the same with a horse that didn't pass the vetting and I got my cash deposit back. Once again, everything in writing and signed by both parties.

Unfortunately looks like this one will have to be chalked up to experience- take cash next time and get them to sign something!
 
Thanks HN

I agree so much I should have got it in writing then I wouldn't be out of pocket.
If they were honest with me i could have saved them even more money because I know she cant go novice eventing!
 
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What did the horse fail on?

A fail is a fail- PN eventing (which incidentally is very low and not exactly hard work) or not.


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It may not be hard for YOUR normal horse, but my mare was advertised as a happy hacker and she has awful conformation - so it would be hard work for her!!
 
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Because it was agreed. Gentlemans agreements obviously hold no water now

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Actually a verbal contract is binding in law, the problem is that unless it is agreed infront of reliable & independent witnesses it is very hard to enforce.

If I went to view a horse & a 'non refundable deposit' was wanted then I would either negociate another agreement with the seller or walk away. I buy a horse subject to it passing vetting & always have done. I've been to see horses when people have tried the 'non refundable deposit' bit & the 'I don't trust vets' etc & I've walked away. Horses are too expensive to buy & too costly to try & put right if you buy a 'wrong un'. I believe a refundable deposit & agreement to buy subject to passing vetting is a normal way to go however the veting must be carried out quickly.

Also keep hold of contact numbers of people interested in viewing incase the horse fails & the deal falls through.
 
Legally, the purchasers were agreeing to buy your horse subject to it passing a vetting, so as it failed, you aren't entitled to keep the deposit.
What you do with other interested parties is not relevant to the contract you had with these people.
The horse was not 'of merchantable quality'; that is; fit for the job they wanted it for, which is hacking/all round activities, and under the Sale of Goods Act 1959, they would have been entitled to return the horse, had they bought it.
What most experienced sellers do, is keep a list of names and contact numbers of interested parties, and contact them on a first come, first served basis. Some of them may get a bit wary if it is a while until you get back to them, but it would save you the cost of readvertising in the short term).
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Draw a line under this incident & get on with selling your horse. Resorting to law is rarely the best way to follow, the people that make the money are the solicitors.

You would have to make an arguement to a magistrate/judge as to why you want to force someone to buy a horse that is not sound...... not really a good way to go?

Just advertise again & get on with trying to sell. I wouldn't have bought your horse either, it failed the vet!
 
Yes what a suprised a ten year old happy hacker cob mare failed the vet to become a pre novice eventer!!
I'll just be more careful who i sell her to next time!
 
I would say you was in the right, but I wouldn't of minded other people seeing the mare as I gave a deposit and therefore I would consider her mine (subject to vetting). You could of people round behind my back anyway, so it was a silly choice in my mind.
 
well thats not very nice is it ? lol

The other buyers have done nothing wrong IMO - forget all this gentlemans agreement rubbish - the horse failed so ofcourse you would get your cash back if you could - I would and im not dodgy!! ha ha
 
Hi. I wouldn't have taken the cheque..too many rubber ones about even if only for a deposit.

I had similar to this a couple of years ago. 3 lots of people all wanted the horse and each had a different vet. the timing was bad too cos people were on local holidays etc.

1 woman couldn't get her vet for at least 2 weeks but expected me to wait....another couldn't make her mind up and the 3rd said they wanted only a part vetting and could proceed....

I didn't take any deposits....told them the first to come up with the money got the horse.

They all moaned, I kept the ad running til the one of them got the vetting done...the horse failed, vet said it may have a touch of arthritis in 1 leg..but they bought it anyway..and they still have her, got an email only the other week from them.

The 2nd buyer sent snotty text messages to me and the 3rd said it was 1 of those things and left it at that.

ads are expensive so is waiting around for buyers to come and then they are either timewasters or don't show....

I think maybe it would be a good idea for some legal peoples to write up some sort of contract for this area cos it does cause a lot of grief.and the law should be more simple so we can all understand it.

last summer I put a deposit on a beautiful mare.the deal included covering the mare with the owners stallion before it left the place. The mare never came into season.....what good is that for breeding?..I just left the deposit, the owner would have had to re advertise so I thought that was only fair.my loss but the owner lost aswell cos she kept the mare another couple of months to cover her.....I wouldn't have cancelled the cheque anyway but I paid cash

Look on the bright side..what sort of people would cancel a cheque...maybe your horse deserved a better life than they would give it anyway?
 
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Yeh you are better off not being honest - you should have had viewings behind their backs!

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I don't see the problem anyway, so long as they keep to the deal.
 
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Yes what a suprised a ten year old happy hacker cob mare failed the vet to become a pre novice eventer!!
I'll just be more careful who i sell her to next time!

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Did your horse fail the vetting?......... Yes it did....... so why are you surprised that the potential buyer didn't want to buy?..... would you buy a horse that failed a vetting, I doubt it.....that's what the vetting is for. I can't see why a 10 year old horse should fail, it's not old for a horse
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You still haven't said what it failed on or don't you know?
 
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Yes what a suprised a ten year old happy hacker cob mare failed the vet to become a pre novice eventer!!
I'll just be more careful who i sell her to next time!

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Did your horse fail the vetting?......... Yes it did....... so why are you surprised that the potential buyer didn't want to buy?..... would you buy a horse that failed a vetting, I doubt it.....that's what the vetting is for. I can't see why a 10 year old horse should fail, it's not old for a horse
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Yes I have two that have failed their vettings and have gone on to do exactly what the vet said they couldn't! One is an elementary dressage horse and the other is good XC!

She's not just old but advertised as a happy hacker for a cheap price, I mean what idiot thinks their going to get a pre novice eventer for under £1k?? Plus, she has awful conformation - hence why she is being sold as is with her awful conformation - as a hacking cob! Not a bloody eventer!
 
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