What would happen if a seller pulled out?

[Bobthecob15]

Hi there, hypothetical question here...if a sale was agreed and a deposit handed over for a horse AND you arranged and paid for a vetting....vetting occurred and the horse passed....what would happen if the seller randomly changed their minds and decided not to sell the horse? I assume you'd get your deposit back but I guess not the vetting fee? Has this ever happened to anyone? So fearful of handing over more cash for horses after a recent failed vetting!

Can you ask a seller to refund the cost of a vetting if they pulled out or is that pointless?

 

[Gingerwitch]

I would

 

[Sossigpoker]

I would ask but there's no way of making the seller reimburse you.

 

[AmyMay]

Yes, you get your deposit back and request the cost of the vetting is reimbursed.

 

[ihatework]

I have no idea, but I’d blooming well try and persue the seller through small claims for vetting, travel, lost earnings etc. If they weren’t forthcoming with covering out of pocket costs

 

[Bobthecob15]

I have no idea, but I’d blooming well try and persue the seller through small claims for vetting, travel, lost earnings etc. If they weren’t forthcoming with covering out of pocket costs

Yes that's what my husband suggested!

 

[Bobthecob15]

I would ask but there's no way of making the seller reimburse you.

That's what I thought...hopefully won't happen!

 

[ycbm]

I am pretty sure you could sue them in the small claims for the vetting fee and it's an easy process.
.

 

[Bobthecob15]

Thanks all, hopefully won't happen I'm just dubious!

Does anyone have a good template for a deposit subject to vetting? I know they don't pass or fail anymore it's based on stuff like suitability. Thanks

 

[Lois Lame]

Do you have a slight feeling of mistrust of the seller? have you paid the deposit yet?

If I had an iffy feeling about the seller... well I don't know what I'd do. I really don't like dealing with someone I don't trust. The horse would have to be the one I've been looking for.

 

[blitznbobs]

You could definitely sue them — and in theory get the horse … its called ‘specific performance’ it is not easy but its definitely there especially if it was a ‘unique’ horse.. but getting the deposit and the vetting fee should be very straightforward

 

[Equi]

Get a prenup. Paperwork is key to life.

 

[Lois Lame]

BTW Equi, I love your additions for Christmas.

 

[Sossigpoker]

That's what I thought...hopefully won't happen!

There's always small claims court if that happens but they might still not pay and you'd have to send it to bailiffs etc. If you've got a bad feeling about the seller,.might be best to just walk away.

 

[[59668]]

OH is a solicitor. He says from a private seller you would have little chance of getting the money back. Its the same as buying a house, paying for the survey and the owner pulling out. There is no contract in place

 

[Bobthecob15]

Thank you, funnily enough this is the actual example I was thinking of because that actually happened to us ?

Fingers crossed thanks for your help x

 

[Sossigpoker]

Why do you think the seller might turn around and not sell after all that?

 

[Birker2020]

Depending on the value of the horse the costs for small claims court would be anywhere between £200 - £500 pounds which you would have to stump up first but you would get them back if you won.

The seller would have to be insane to refuse you purchase of the horse if you went through the vetting though.

 

[ycbm]

Depending on the value of the horse the costs for small claims court would be anywhere between £200 - £500 pounds which you would have to stump up first but you would get them back if you won.

The seller would have to be insane to refuse you purchase of the horse if you went through the vetting though.

Small Claims start at £25 Birker and if you win you get it added to the amount you claim. I paid £25 to raise a claim for nearly £300 against a hotel 3 years ago. Claiming the vets fees would not cost much.
.

 

[ycbm]

OH is a solicitor. He says from a private seller you would have little chance of getting the money back. Its the same as buying a house, paying for the survey and the owner pulling out. There is no contract in place

In a house purchase no deposit has usually been paid before surveying. If a deposit has been paid a contract has been struck. In horse buying a verbal contract can also be in place without a deposit.
.

 

[Goldenstar]

I would take them to the small claims court for the vets fee .

 

[nagblagger]

If you have concerns about the seller and really want the horse, could you be there while the horse was vetted with your trailer and cash. if it 'passes' load straight up and home before the seller has time to think. The passport should be there for the vet to check details so no excuse about having to wait for the documents.

 

[Leandy]

OH is a solicitor. He says from a private seller you would have little chance of getting the money back. Its the same as buying a house, paying for the survey and the owner pulling out. There is no contract in place[/QUOTE

I don't agree with this (except the part about it possibly being difficult to actually get the seller to pay). If there is a clear agreement (whether oral or written) around the arrangement for the deposit, then there is a contract for sale in place subject to vetting. The horse passes, the purchaser wants to proceed and so the seller would be in breach of contract in failing to complete the sale. The purchaser is entitled to his deposit back and can also sue for his losses eg cost of vetting and yes I would add travel expenses etc etc. In the case of the house, the survey takes place before exchange of contracts so there is no contract for sale in place (which also needs to be in writing in relation to land), hence the difficulty.

 

[Leandy]

Well most people who are prepared to go to the bother of advertising a horse, deal with viewings and vettings etc are actually genuinely trying to sell. Just keep up the momentum and don't delay in either arranging vetting or collection of horse thereafter and you should be ok. I haven't been in the position of agreeing a sale and then the vendor pulling out although I have walked away from a "word of mouth" recommendation for an ideal pony for my child because when I spoke to the potential vendor she changed her mind twice about whether she wanted to sell it or not. I wasn't prepared to take a child to view a pony and then get messed around by a vendor if it did indeed turn out to be perfect for us. I wasn't prepared to put us through the disappointment. I told her I would view if and when she made a firm decision to sell but not 'til then.

 

[blitznbobs]

OH is a solicitor. He says from a private seller you would have little chance of getting the money back. Its the same as buying a house, paying for the survey and the owner pulling out. There is no contract in place

Also contracts involving land must be in writing, other contracts do not. given that a deposit has changed hands its not the same scenario at all.

 

[[59668]]

Also contracts involving land must be in writing, other contracts do not. given that a deposit has changed hands its not the same scenario at all.

A deposit isn't an agreement to sell. There's nothing in writing. A deposit is normally an agreement to not sell to someone else. To hold the horse. To remove it from the market
The horse is the sellers property still. If they want to pull out they can.

 

[ycbm]

A deposit isn't an agreement to sell. There's nothing in writing. A deposit is normally an agreement to not sell to someone else. To hold the horse. To remove it from the market
The horse is the sellers property still. If they want to pull out they can.

A contract does not have to be in writing to be valid.

I think most people would consider taking a deposit and allowing a vetting as agreement to sell. Taking a deposit certainly was an agreement to sell whenever I have done it.

Most receipts for a deposit, of there is one, would say something like "Received from Mrs Sample the sum of £xxx as deposit for the bay mare Done Deal, balance of £xxxx payable on acceptable vetting". That sounds like a contract to sell to me?
.

 

[[59668]]

A contract does not have to be in writing to be valid.

I think most people would Ibsley taking a deposit and allowing a vetting as agreement to sell. Taking a deposit certainly was an agreement to sell whenever I have done it.

Most receipts for a deposit, of there is one, would say something like "Received from Mrs Sample the sum of £xxx as deposit for the bay mare Done Deal, balance of £xxxx payable on acceptable vetting". That sounds like a contract to sell to me?
.

If there was something in writing then perhaps. Even then this isn't explicitly agreeing a sale. But really....is a buyer likely to go to court to force a seller to give them a horse based on this?!
If something is just agreed verbally then it's "my word against yours" and not enforceable.
Search on here. There a loads of threads that agree a seller can pull out. They just return the deposit.

 

[ycbm]

You do not need a contract to be in writing to be valid.

a buyer likely to go to court to force a seller to give them a horse based on this?!

They probably can't force the sale to go ahead. Technically what they can do is find identical "goods" and sue the seller of the original horse for the difference if the new horse costs more. Of course it's so impossible to prove that two horses were equal that would rarely happen.

But what we are talking about on this thread is returning the vetting fee and I believe the OP would have a very good chance of winning a small claim for those costs, on the basis that a vetting would never have taken place if a sale had not been agreed.

And since it would cost about £25 to raise that claim, online, tonight, if they are in England/ Wales, in their shoes I would do that.,
.

 

[[59668]]

You do not need a contract to be in writing to be valid.




They probably can't force the sale to go ahead. Technically what they can do is find identical "goods" and sue the seller of the original horse for the difference if the new horse costs more. Of course it's so impossible to prove that two horses were equal that would rarely happen.

But what we are talking about on this thread is returning the vetting fee and I believe the OP would have a very good chance of winning a small claim for those costs, on the basis that a vetting would never have taken place if a sale had not been agreed.

And since it would cost about £25 to raise that claim, online, tonight, if they are in England/ Wales, in their shoes I would do that.,
.

Agreed, I would do the same for the vetting fee.