So very cross..........Buying a horse or not!

[cundlegreen]

The people that bought him were probably there when you phoned or almost so too late to stop them, the seller should have told you rather than doing a deal with you that was not fair but I don't blame them for taking a quick cash sale.



That said when I am selling I try to space out viewings so this situation is avoided, it is unfair to rush people, means they do sometimes decide to buy then get cold feet and I always encourage vettings as they cover me as well as the buyer if something goes wrong after the purchase.

This...... I would never have a horse tried out twice on the same day anyway. For me, it's as much about the rider suiting the horse and vice versa, and the right home as it is about a quick sale. I'm at the seller's end ATM, as I keep having the wrong sort of people come to look at my horse, and have to tactfully say why they wouldn't suit.

 

[alainax]

The seller was hedging her bets. Your never 100% sure the sale will go through from either party. So incase the on the day buyer pulled out she kept you on the back burner. Most likely didn't ask for a deposit from you as high chance the other would buy.

Totally reasonable thing from a sellers perspective, its first come first serve. So many sellers get let down by buyers promises, it would be crazy to knock back a sale on that basis.


Next time make sure you have the means to buy it before viewing, and leave a deposit subject to vetting.

 

[Cowpony]

Would it not be a "verbal contract" though?
Personally I would be pretty pi$$ed off if I was the OP!!!!

I believe that for a contract to be valid there has to be an offer, an acceptance and consideration (ie something of value exchanged). That's why if you are given a horse it's a good idea to pay £1 for it. in the OP's case there may have been 2 of those factors, but no consideration as she didn't leave a deposit in exchange for the horse being taken off the market.

 

[Kafairia]

Agree with what everyone else is saying...

But. I am a firm believer everything happens for a reason, and something better will come along. Just learn from your mistakes and be ready next time.

Good luck OP!

 

[MiJodsR2BlinkinTite]

So sorry OP, you obviously liked the horse and were sadly upstaged by someone who could put down the money on the day.

Agree with others: tis the early bird that catches the worm.

Better luck next time, just remember that money DOES talk! You'll just have to put this one down to experience.....

 

[paddi22]

Agree with everyone, you should have stuck a deposit down. I don;t think the buyer is in the wrong, for all you know your husband could have said no or changed his mind. When I view a horse I always carry a deposit and stick it down immediately, good horses get snapped up.

 

[applecart14]

I have to agree with the others - there will be plenty of sellers that have politely held out for the first viewer and turned down the next person only to find out they end up with no sale at all!

ive always put down a refundable deposit on the basis i get my money back should the horse fail its vetting but then ive always used dealers who have a reputation to uphold and know the horse is likely to pass.

 

[MagicMelon]

The seller couldn't have turned away the other person if they literally got on and you got off, that would have wasted that girls time and to be fair she didnt know for certain you'd buy - you said you were interested but lots of people say that I personally wouldn't have 2 viewings the same day but I also wouldn't do the whole first come first served thing either. As far as I was concerned I would sell to the best home (I'm not saying you're not the best home!). If seller urgently needed to sell and they literally put cash in her hand, why not?

 

[ElizabethAngela]

They wanted it, and had the means to pay on the day. You didn't, they got it. If it were a car would one be this upset? Why should this transaction be different?

 

[VikingSong]

Some years ago I was buying a horse for my husband. Found one we liked - via a friend of a friend - put down a deposit, got a vetting done which threw up quite a few issues so negotiated a price reduction. About half an hour before I was due to leave to collect him I got a call from the friend to say that their friend had got a better offer from some-one else and had sold the horse to them. At least I did get the deposit back.

Now this is different to the OP's situation and, frankly, I would have been livid if I was you. If I had put down a deposit, and had a vetting done, and the horse was sold to someone else, I would have demanded the vendor reimburse me for the cost of the vetting.

 

[Mince Pie]

The seller was hedging her bets. Your never 100% sure the sale will go through from either party. So incase the on the day buyer pulled out she kept you on the back burner. Most likely didn't ask for a deposit from you as high chance the other would buy.

Totally reasonable thing from a sellers perspective, its first come first serve. So many sellers get let down by buyers promises, it would be crazy to knock back a sale on that basis.


Next time make sure you have the means to buy it before viewing, and leave a deposit subject to vetting.

Yes, it sounds like this is what the seller did and I'd be pissed as well. It's a complete waste of my time to arrange a viewing when you know you pretty much have the horse sold.

 

[ycbm]

I believe that for a contract to be valid there has to be an offer, an acceptance and consideration (ie something of value exchanged). That's why if you are given a horse it's a good idea to pay £1 for it. in the OP's case there may have been 2 of those factors, but no consideration as she didn't leave a deposit in exchange for the horse being taken off the market.

I could be wrong but I don't think any money has to change hands for a contract to be valid.

I think the OP did have a contract, She has lost her travel and trainer's costs and she could probably sue for those, but it would be very difficult to prove unless the agreement was made by text, but I think it was verbal. I don't blame the seller for selling if someone put notes in their hand. Buyers back out all the time. I did it myself once. I had paid the deposit and the vetting was completed and I had to leave my job suddenly.

 

[Mince Pie]

I disagree, the OP states that she told the vendor that she needed to speak to her OH which could well have resulted in her pulling out. If she had said "I want the horse I will go and get the money now" and the horse was sold before she got back then yes I'd be fuming, but the way the OP is written suggests to me that she never formally declared that she fully intended to buy the horse.

 

[Shadowdancing]

When I went to try my mare I took a 10% cash deposit to put down on the spot if I liked her. Thought that was the norm for some reason...

 

[stormox]

I could be wrong but I don't think any money has to change hands for a contract to be valid.

I think the OP did have a contract, She has lost her travel and trainer's costs and she could probably sue for those, but it would be very difficult to prove unless the agreement was made by text, but I think it was verbal.

She never even said shed buy the horse - she said shed ask her OH....... he couldv said no!!

 

[Hanno Verian]

I completely get why your frustrated, you found a lovely horse and you lost it, but I completely understand why the seller sold it to another buyer. I know its not the same but I'm selling a 7 1/2 ton lorry have had a low offer for £1500, and a higher offer for £1800 but they are humming and hahing about paying a deposit for it before they come to pick it up tomorrow, at the end of the day if someone else offers me the £1800 and pays a deposit or comes sooner, the lorry is theirs!
Theres no emotional investment tied up in the sale of the lorry, it would be ten times worse if it was because this isn't something I do regularly and its been a roller coaster ride!

 

[turkana]

I can understand the seller not holding a horse for somebody who hasn't actually got the money to pay for it, surely the finances should have been sorted out before the viewing.

 

[GirlFriday]

I disagree, the OP states that she told the vendor that she needed to speak to her OH which could well have resulted in her pulling out. If she had said "I want the horse I will go and get the money now" and the horse was sold before she got back then yes I'd be fuming, but the way the OP is written suggests to me that she never formally declared that she fully intended to buy the horse.

This.

I often used "I'll have to check with my OH" as a polite way of delaying decisions I didn't want to make. As a seller I'd hear that as either (a) OP doesn't have authority to spend the money without checking (b) OP didn't want to decide yet or (c) OP didn't want the horse but wasn't sure how to say so politely.

No way is it "OP has the money and full intention to buy the horse".

Annoying for OP but cannot see any grounds for even moral complaint, let alone legal one!

 

[Red-1]

I could be wrong but I don't think any money has to change hands for a contract to be valid.

I think the OP did have a contract, She has lost her travel and trainer's costs and she could probably sue for those, but it would be very difficult to prove unless the agreement was made by text, but I think it was verbal. I don't blame the seller for selling if someone put notes in their hand. Buyers back out all the time. I did it myself once. I had paid the deposit and the vetting was completed and I had to leave my job suddenly.

I don't think the OP had a contract at all. Disregarding the "consideration" altogether, from what she has written she never said that she was definitely having the horse. She said she would need to confer with her OH, so no sale was agreed.

I once had a potential buyer try to sue me for not selling. She was simply not the person I wished to sell the horse to. She was very selfish, rode him over a fence higher and higher, despite me saying the ground was too soft and asking her to stop, was inept and jabbed him in the mouth.

When she rang to make an offer I told her he was sold. She threatened us with litigation, for her time, her petrol, her vehicle and her upset and disappointment. I told her to go sue us if she wished, as I doubted she would win!

I also give a 10% deposit to reserve the horse until vetting and hopefully purchase, which I have always completed within the week.

 

[smja]

Well you may have dodged a bullet. Personally I wouldn't be happy about trying a horse in circumstances where others are trying on the same day and wouldn't be happy for a dealer to line up two prospective purchasers to try one after the other.

I'm fine with this, as long as seller is open about it and I know how much the horse has been ridden that day, so I can factor it in with the horse's behaviour. Sis' horse had already been tried the day we saw him, and another person came to see him after us. Seller was upfront with all that info, with us and with other people.
A seller who doesn't disclose that horse has already been ridden for x minutes doing y work is not one I would trust to disclose other information about the horse, and not one I'd want to buy from.

 

[MiJodsR2BlinkinTite]

When I went to try my mare I took a 10% cash deposit to put down on the spot if I liked her. Thought that was the norm for some reason...

Yep this is what I do when viewing a horse too.

 

[ycbm]

Said I wanted him and arranged to pay cash and pick him up on the weekend, everyone seemed happy. An hour later I got a text saying someone had turned up with the cash and they had sold him.

Have people who think there was no contract missed this bit of the original post?

Sounds just like a contract to me, which was reneged on an hour later.


PS when I bought my last I just took a lorry to the viewing

 

[Nicnac]

Well you may have dodged a bullet. Personally I wouldn't be happy about trying a horse in circumstances where others are trying on the same day and wouldn't be happy for a dealer to line up two prospective purchasers to try one after the other.

Really? How do you think dealers work? I have sold horses (privately) and arranged for two viewers on one day. Horses were fit and there was no guarantee that either would turn up! Obviously if first one buys with cash deposit, the second are contacted to say sold subject to vetting etc. Normal practice imo.

OP - I would be miffed if you had confirmed you were purchasing but you should have left a goodwill deposit.

 

[ester]

I am wondering if a deposit was offered and turned down at that point or not though ycbm. Not leaving one either at viewing or transferring one immediately upon the arrangement was always going to be a risk IMO.

 

[Cobbytype]

Really? How do you think dealers work? I have sold horses (privately) and arranged for two viewers on one day. Horses were fit and there was no guarantee that either would turn up! Obviously if first one buys with cash deposit, the second are contacted to say sold subject to vetting etc. Normal practice imo.

OP - I would be miffed if you had confirmed you were purchasing but you should have left a goodwill deposit.

I've recently been viewing horses and have asked each dealer if the horses had already been ridden that day. Two dealers (both with good reputations) in particular where very offended by my remark and said they'd never do that when someone is coming to try a horse. Go figure.

 

[stormox]

I've recently been viewing horses and have asked each dealer if the horses had already been ridden that day. Two dealers (both with good reputations) in particular where very offended by my remark and said they'd never do that when someone is coming to try a horse. Go figure.

I expect they thought you meant by them? If I had someone view my horse in the morning and didnt buy, I would have no qualms if another party rang lunchtime and wanted to come that afternoon. Or if two people rang I would book them both in, with a reasonable gap in between (theres always a chance one lot wont turn up) As a seller you have to fit in with what buyer wants

 

[Cobbytype]

I expect they thought you meant by them? If I had someone view my horse in the morning and didnt buy, I would have no qualms if another party rang lunchtime and wanted to come that afternoon. Or if two people rang I would book them both in, with a reasonable gap in between (theres always a chance one lot wont turn up) As a seller you have to fit in with what buyer wants

Well yes in that scenario I see nothing wrong when there's a decent gap between viewings and the second person to try is aware the horse has been ridden earlier in the day.

My original comment was in relation to two viewings taking place immediately after the other with a prospective purchaser waiting for their turn to try the horse. In my view this turns the whole thing into a bit of a circus and is unfair on prospective buyers and the horse. It puts pressure on a potential buyer which is probably what the seller wanted to do. Those tactics don't sit comfortably with me and I'd walk away quite quickly. I'd expect each viewing to take an hour or more and for the horse to be worked quite hard on the flat, jumping + a short hack each time and in my view it's too much to ask a horse to perform well for 2 hours in succession.

 

[GirlFriday]

Have people who think there was no contract missed this bit of the original post?

Sounds just like a contract to me, which was reneged on an hour later.

Guilty as charged! Yes, I missed that the call was /after/ the discussion with OP's OH. Yes, wpuld be a bit miffed in OP's shoes.

 

[merlin12]

I left a deposit on a horse once. Then had it returned because they decided to sell the horse to a friend!

 

[Red-1]

Guilty as charged! Yes, I missed that the call was /after/ the discussion with OP's OH. Yes, wpuld be a bit miffed in OP's shoes.

Me too!