Theoretical question; selling one horse & buying another

[HeidiPie1525]

Hello again! Thanks for the good advice on my other post, I’d like to take advantage of that and pose a theoretical question for you all.

You’re selling your horse (A), you’ve found another you’d like to buy (B). The stars have aligned and a buyer likes your horse and wants it vetted, you’ve tried and liked the other horse. You’re on a bit of a tight timeframe in regards to the other horse you want to buy and have got a date for that one to be vetted a few days afterwards.

Horse A passes and is bought, a should you wait for the buyer of A to have the horse a few weeks before buying B ‘just in case’? They’ve tried the horse in a professional setting (it’s at a reputable sales livery) and liked it enough to buy it.

The seller of B is a nice person but also a pro and has known you’ve got to sell A before buying B and has been patient and kind so you don’t want to mess them about. Also, you really want to get the horse home.

What should you do if the buyer of A then changes their mind? Obviously you’re a bit stuck as you’ve bought B but is it a case of ‘Caveat emptor’? Where do you stand both legally and morally?

I’d like to say this is genuinely theoretical, it hasn’t happened, but I’m worried it might. I have 2 trusted peoples opinions, one person says I should wait just in case, the other says the buyer has made a contract once the horse has been paid for and they could take horse A back to the sales livery for it to be sold for her.

I don’t want to be an a-hole, but I’ve really had a shocking year and would like to be able to have a horse so I can enjoy the rest of it. Also, nothing wrong with horse A, we just didn’t get on and it needed a better rider than me.

 

[Roxylola]

That's tricky, it's a private sale but via a pro. Straight private sale I'd say assuming it's as advertised etc then you've no concerns as onus is on the buyer. However it seems there is more comeback when a pro is involved.
Have you asked your sales yard their opinion, if they say no need to wait and the horse bounces I think you could argue that they have a bit of responsibility for your situation. If they advise to wait just in case then again I'd follow their advice

 

[be positive]

I have done sales livery for people and would say wait a week or so if you can, I would always want to take a horse back if it did not work out and have at times held the money for a week just in case, I got caught out once so became more cautious, if the horse is genuine and the buyer suitable there should be no hold up but unless you can afford to own 2 horses wait before buying horse B.

 

[HeidiPie1525]

I have done sales livery for people and would say wait a week or so if you can, I would always want to take a horse back if it did not work out and have at times held the money for a week just in case, I got caught out once so became more cautious, if the horse is genuine and the buyer suitable there should be no hold up but unless you can afford to own 2 horses wait before buying horse B.

Horse A is getting vetted today, B on Wednesday. I won’t be able to get B until Saturday at the earliest. Would that work?

The thing is, it genuinely has been an AWFUL year, I’m not going into details, but there has been a wide impact on both my life and that of my children, I need something to go right which is why I guess I’m slightly, very desperate.

 

[be positive]

You should be fine if the sales livery has sold to the right person but as you have had a bad year I am not sure I would want to take the risk, you really need to check with the livery to see what their terms are if the sale does go wrong, I was very clear with clients that I would hold the money for a week rather than pay out straight away, although sometimes the money was paid directly, as I was only a small yard having had to take one back and pay for it I could not afford to take the risk too often, it only happened the once but if the horse does do something that means it has to come back then the yard owner does need to be professional and accept it back so there is a risk to be considered.

 

[HeidiPie1525]

You should be fine if the sales livery has sold to the right person but as you have had a bad year I am not sure I would want to take the risk, you really need to check with the livery to see what their terms are if the sale does go wrong, I was very clear with clients that I would hold the money for a week rather than pay out straight away, although sometimes the money was paid directly, as I was only a small yard having had to take one back and pay for it I could not afford to take the risk too often, it only happened the once but if the horse does do something that means it has to come back then the yard owner does need to be professional and accept it back so there is a risk to be considered.

Horse A is going to a full livery yard, hasn’t put a foot wrong since getting there.

Do you think waiting from Monday to Saturday is long enough?

My terrible year is not entirely horse related - other than coming to the realisation we don’t make a good partnership. It’s pretty much personal but has had an effect since it happened last year.

Horse A has gone to someone who specialises in the breed as I felt they were in a better position to sell than I was due to contacts etc.

I really don’t want to miss out on horse B, we suit each other better and is the sort fairly hard to find. I’m sure there’s not likely to be a problem, I’m just worried about it.

I’ve been stuck between many rocks and hard places this process, many of which are quite honestly out of my control which is hard!