Brownmare
Well-Known Member
OP, is the horse on livery with you?
No the horse is at the owners property
OP, is the horse on livery with you?
Nope unless it failed vetting I would not refund it. That's what it was left for to hold the horse, not your problem they changed mind for all they no you might of turn another buyer down later that day as you thought horse sold.
I would refund the full amount. You didn't write any contract stating whether it was refundable or not and to save grace and keep a good reputation I would never refuse a refund on that basis.
So why would you take any deposit? A deposit is not refundable unless a contract exists to the contrary.
Why would she need to re-advertise though? The horse has not sold. Only a deposit has been taken so surely no-one would take down an advert based solely on accepting a deposit? I certainly don't. No horse of mine is sold until full payment is in my bank account. I don't even tell other enquirers if/when I have other people interested in my selling horses, let alone take the advert down
http://www.signmaster.co.uk/documents/conditions_1.pdf
Ive spoke with trading standards a few times regarding deposits and rights etc. This wee sheet makes it simple
Its really down to who backs out. There is zero point in a deposit if its refundable if the buyer changes their mind. There are even circumstances where you can request more money from the buyer if you have incurred costs above that of the deposit!
Simply say to them that you are saddened that they cannot complete the deal, however the deposit will not be refunded.
SPRINGFEATHER - adverts run their course and may have expired. For example if the advert is in a periodical or newspaper. On line it will depend on the site whether ads run forever! I know that when I had a horse on the market I had to re list several times and each one cost me a fee to re list.
If they have simply changed their minds, then no I certainly wouldn't refund but if there is a genuine reason such as an unexpected change in circumstances, e.g redundancy/illness/To secure the horse for themselves and prevent me selling to anyone else. I did give them a receipt but didn't specify whether it was refundable or not. TBH they were so excited and happy I never dreamt this would happen
ALWAYS ALWAYS when selling anything from car ----horse -----washing machine
give a receipt and print in large letters
THE DEPOSIT IS A COMITMENT TO BUY AND IS NONE REFUNDERBLE. YOU HAVE 7 DAYS TO PAY THE BALANCE OF £??? AND COLLECT THE ITEAM. OR THE ITEAM WOULD BE RESOLD.
So what update op? To return or not return - that is the question.
The owner has taken advice from the CLA legal helpline who have said they are under no obligation to refund the deposit, as is the general consensus here.
Unfortunately when the purchasers were told this they started threatening court etc According to them there is a cooling off period that should apply so they can change their minds, and they mentioned preventing us selling the horse to anyone else until it is settled. Can they do this?
They also said they would be acting against me not the owner but I am pretty sure that was just a scare tactic. Anyway, you can't get blood out of a stone
Tell them to stroll on.
The owner has taken advice from the CLA legal helpline who have said they are under no obligation to refund the deposit, as is the general consensus here.
Unfortunately when the purchasers were told this they started threatening court etc According to them there is a cooling off period that should apply so they can change their minds, and they mentioned preventing us selling the horse to anyone else until it is settled. Can they do this?
They also said they would be acting against me not the owner but I am pretty sure that was just a scare tactic. Anyway, you can't get blood out of a stone