What if horse breaks between deposit and collection?

[MrsElle]

During one of my musings today I wondered what happens if you pay a deposit for a horse and between the deposit being paid and the horse being collected the horse goes lame or something.

Could you/would you negotiate a different purchase amount if you were still willing to take it or demand your money back if you weren't?

 

[scotsmare]

Deposit should be returnable - I suppose it would be up to you whether or not you wanted to buy a broken horse or not.

 

[MissMincePie&Brandy]

I think it would depend on what had happened. i.e if it's a kick that wouldn't affect the horse's soundness once it healed, or puss in the foot, I'd probably still take the horse if it was one I really wanted.

However if a tendon went or something had happened which meant that the horse was not the sound animal I originally intended to purchase, then you should be able to get your full deposit back.

 

[KatB]

Silly owner if this did happen... the yard I worked on always kept the horse in once it had been sold (deposit put on) and the horse would have to be picked up asap after vetting

I also did strictly low risk work with my horse when he was "Under deposit" so to speak

 

[Donkeymad]

Nothing to say he/she won't get ill/injured kept stabled. I would expect the deposit back/give the deposit back, or offer a reduction if it will leave any problems, or care for the animal until recovered, and cover all costs.

 

[Booboos]

I would pick up the horse right after the vetting to avoid this kind of problem! If the horse was injured between deposit and vetting, the owner would have to return the deposit and depending on the injury I would need to decide whether I still wanted to have it vetted when it recovered.

 

[BroadfordQueen]

When I sold my old pony he was vetted and passed, deposit paid, and was the day before he was due to be collected when my mum took him out on a hack and he got stung by a swarm of bees (stings all over him, really nasty!). The person buying him just said keep him until he gets better and they collected him a few days later.

 

[JanetGeorge]

[ QUOTE ]
Deposit should be returnable - I suppose it would be up to you whether or not you wanted to buy a broken horse or not.

[/ QUOTE ]

Under the law, when you pay a deposit you are buying the horse - subject to vetting! There is a contract - even if not written - that you want the horse and are going to buy it if it passes the vet. If the horse fails the vetting, then obviously you should have your deposit refunded. But once he has passed the vetting, he is yours (subject to you paying the balance, of course!)

I always ask buyers who CAN'T pick up a horse immediately after vetting to arrange insurance, and make it clear he is kept here at the owner's risk (obviously I try to take VERY good care of them!

) I certainlywouldn't keep a horse locked in the stable between vetting and collection - he would be exercised and cared for as normal. Otherwise, he may well arrive at his new home rather TOO full of beans - and not the horse the buyer expects1

 

[foraday]

Insurance!

But if it is a GOOD SELLER then usually they will still have the horse insured as not forgetting your horse insurance will have a 14 day exclusion on!

This did happen to a client of mine! Deposit paid, horse passed the vetting and on the next day when they went to go and pick it up only to find it was severely lame. She refused to pay the balance saying she was paying for a sound horse-fair enough!

Seller tried to say that the horse was now the buyers, however buyer got solicitor and the law was on the side of the buyer! Can't remember the correct act/actual law it was! Wish I had paid attention now!

 

[soulfull]

I always collect same day as vetting to avoid this, as Janet says law says its yours! Unfortunately if this does happen to anyone. However the owner may well agree to cancel the sale if you are lucky

 

[WeeBrown]

My horse got strangles after I paid the deposit so I waited a few months to get her - was eventually worth the wait

Owner gave me the chance to back out and give me my deposit back but I had seen some real crap horses and she was what we were after (or so we thought

)