Taken deposit - where do I stand?

I am idly wondering if a white lie along the lines of "He bronced me off yesterday twice - vet is concerned about his back - dont' want to waste your time while we investigate - here's a refund of your deposit plus expenses"

Is a vetting or transport arranged? Make sure you give them enough time to cancel that without penalty - and as others have said, not without payment in full from YO.
 
Surely if you thought horse was so well settled and YO was the perfect match you would have give YO or other people on the yard who know him first refusal? Do you have more than one horse on this yard? Maybe you think you have more to lose by not giving the horse to the YO?
 
vieshot said:
No legal implication so long as deposit is returned. People change their minds about selling all the time. Lady who put deposit down will probably be quite pissed off but the naglett comes first so I would just be honest about it and maybe chuck £50 on top as a gesture of good will and to cover her wasted time and petrol.
Click to expand...

+1

Horse would come first, but would offer good will petrol money.

Pan
 
Phone the buyer for a friendly chat to ask if the sale is still on, details etc. Use the opportunity to re-iterate EXACTLY what you said about behaviour and in the very same sentence offer to take back if it doesn't work out within an agreed timescale?

On the other hand - the vetting may raise something which may want HER to back out!!

Incidentally, would it be fair for a seller to want to see the future home to assess it's suitability as some do when selling puppies etc.
 
legally you can return the deposit and the buyer has no rights but i feel sorry for the buyer. so often we get people coming on the forum complaining about timewasters and people selling horses they were booked in to see and every one says how annoying and wrong it is and how people should be more honest blah blah, but here's everyone telling you to be one of those sellers that everyone hates!!!!
At the end of the day it is up to you, your horse and you are free to sell him to whom you wish, but spare a thought for the buyer who may have been looking for months or been previously mucked about, she thinks she's found a horse worth buying and you're about to whip him out from under her.:(
 
Tough one - I thought that if you paid a deposit to a dealer, that then takes the horse off sale until it's paid for and legally yours? So would that not apply to a private sale? I'd be in the same quandry as you, you want the best for your horse but at the same time I know how annoyed I'd feel if I'd put money down on a horse, assumed it to be sold to me pending vetting etc, and then to be told it was sold to someone else. I hope you can get it sorted in the best way for all concerned!
 
horserider said:
If a deposit isn't legally binding as a promise to sell, what is the point of leaving a deposit ?
Click to expand...

Rosieshire said:
I think it's more for the seller in order to avoid timewasters who say they want to buy then don't follow through really
Click to expand...

Interesting, Horserider that made me think! If, as a buyer, you messed the seller around and pulled out further down the line you would lose your deposit, so as a seller, if you don't follow through, should you pay double the deposit back to the buyer?? Why should it be just the seller who is protected when a deal is struck?

I think the best way forward would be to ring the buyer, explain the situation, and ask if they would consider changing their mind - explain your worries about the horse being too much etc. If the buyer doesn't want to let go of the horse, then really they should get to buy the horse... You could tell them that your YO would be interested should they decide the horse is not right for them..

I wish OP would come back on. They must have surely done something by now. I do hate an unfinished story and am going away for a week tomorrow!!:D
 
Surreydeb said:
Still maintain you are in breach of contract.
Click to expand...

No, she isn't!!

Sorry, didn't read original post properly so edited to say that my remark is wrong!! You do actually have a contract, but I would suggest, as others have, talking to the original purchaser and explaining the situation. They could force the sale, legally, but would probably feel that it isn't worth their while. Be honest about the horse's quirks and your YO's familiarity with him. Best of luck - I would be doing the same in your situation!!
 
Last edited:
I would have to sell to the person that paid the deposit. At the end of the day that deposit secures the sale for them (that you wont sell the horse to anyone else). It would be rather unfair of you to go back on this
 
This happened to me a few years ago. I went to see an Arab Gelding who was for sale. He was very green and I was able to get lots of help. I paid deposit and he gave me the passport! and the papers! belonging to the gelding. He also gave me some footage of him being backed etc which I was to return when he delivered him. The vetting was the Friday, he was to come on the Saturday. He called me on the Friday to tell me he had sent the vet away, and that someone else more suited would be buying the horse. I was furious, and very upset. I could have made a real fuss and lots of people thought I should. However, in the end, I decided to return everything (once I got my deposit) and let it go. Hard one really but I would pull out and sell to yard owner, despite what happened to me. I would be doing it sooner rather than later though. He ended up paying me for vet call out and £100 for wasting my time, travel etc. It made me feel so bitter about the whole scenario I was concerned there was more to it all in the end. I could not stand the thought of what would happen to the horse while we all argued about it in court. The whole thing certainly did his reputation no good by the way he went about it.
 
Honey08 said:
Interesting, Horserider that made me think! If, as a buyer, you messed the seller around and pulled out further down the line you would lose your deposit, so as a seller, if you don't follow through, should you pay double the deposit back to the buyer?? Why should it be just the seller who is protected when a deal is struck?

I think the best way forward would be to ring the buyer, explain the situation, and ask if they would consider changing their mind - explain your worries about the horse being too much etc. If the buyer doesn't want to let go of the horse, then really they should get to buy the horse... You could tell them that your YO would be interested should they decide the horse is not right for them..

I wish OP would come back on. They must have surely done something by now. I do hate an unfinished story and am going away for a week tomorrow!!:D
Click to expand...

I have on two occasions taken a deposit on a puppy and decided not to sell to that buyer. The first time it was because my Mum fell in love with the pup and begged to have her. We paid the buyer the deposit back and gave him £100 off another pup. On the other occasion, alarm bell were ringing and I started to doubt the suitability of the buyer for giving a good home to the pup. She had put £50 deposit down and I paid her £100 back. She was very annoyed but I think I made the right decision.
 
I seem to be in the minority, but I feel dammed sorry for the buyer. You said she was lovely, she will be getting very excited about her new horse.

She will probably be more gutted by this than if it had failed the vetting.

Be honest, if something better hadn't come along you would happily have sold to the woman.

I think you should stick to the contract you made. If you are really worried that she cant handle the horse, then invite her back a few more times to see if it will behave in its normal way.

Someone did this to me over 40 years ago and I still remember how gutted I was.
 
I agree. They paid a deposit to secure the horse so you would not sell it to someone else (this is what I take deposits off people for)

I think it would be totally wrong to go back on this now just because your yard owner wants the horse! Also from experience it doesnt seem to work out the great to sell/buy from friends.

I would keep your reputation good and sell the horse to the nice lady who took the time to view the horse and put a deposit down, in this market that is something you should be grateful for!
 
OP, just to come at this from another angle.

What if you extricate yourself from your agreement and sell the horse to your YO, how will you feel about seeing your horse on the same yard? How will you feel if the horse goes brilliantly for YO?

Or, what if YO decides to sell the horse on? You may see the potential buyers and not like them/think they are unsuitable for the horse? You have no control after he's sold.
 
Equilibrium Ireland said:
This is why it's best to leave stereotypes out of description and describe each horse individually regardless of breed.

Terri
Click to expand...

This is what worried me..the 'Typical TB' mentioning that might have her slightly mislead, tho unintentionally...I have 5 currently, all raced bar one i bred. I've had another 7 TB's over the last years, some have died, some were just with me long term to compete, plus all the ones i used to ride out & ride work pre point to points...NONE of these in my opinion fitted the stereotypical image or behaviour. All are / were incredibly chilled well behaved individuals who have impeccable manners (99%) of the time and I've been very lucky in chosing well and been given nice rides. I say 99% because they are horses and i don't want to tempt fate but they are more trustworthy and genuine than many other breeds or cross breds i have personally come across..if the buyer has some/little/no experience of tb's or like me only good experiences with tbs, she may presume yours is the same as he went so nicely for her....i've equally known of tbs who've behaved like demented psychopaths on hypnotised killing missions...yet wouldn't class this as 'normal'!

What ever you do, get the money off your yard owner asap and try and get this resolved pre vetting. Buyers regularly change heir minds from what i have read/heard without giving a moments notice..but would think it shocking if a seller pulled out..what ever you do, don't cancel her unless YO coughs up. This isn't the ideal market to lose a buyer with a horse that is not 100% quirk free...best of luck & hope she's calm x
 
You must log in or register to reply here.
Top