# Advice please



## jankennet (Dec 23, 2014)

My granddaughter saw a horse online that she wanted to purchase. This would have been the first one she owned. She went to see/try the horse and liked him. She told the owner she would have the cash by Saturday (two days later. She came home to tell me all about the horse and was very excited. The next day she got a call to say the owner had sold him to another buyer as she had the cash with her when she went to see him. I called the girl as my granddaughter was in tears I asked her why she did that she said the other lady had ready cash. I said I was not happy with the way she had felt with my gd and how upset she had made her. The seller then said ok I will call the other lady and tell her I'm selling to your gd. Now the other buyer was upset. Arrangements were made to visit the horse again and this time my gd took two members of her stables to inspect the horse as the stable she attends is very strict when you bring a new horse to settle with the others. The chap who inspected the horse said the horses legs had been injured and she would not be able to ride him. Very long story short the seller asked for £300 deposit to be paid in the next fifteen minutes. My gd panicked and called me to transfer the money straight away. After we found a problem with the horses legs we asked for the deposit back as the goods were fault. She refused. What can I do to get the money back? She said she had buyers lined up to buy her horse. But refuses to pay back my deposit. As a pensioner thats a lot of money. Regards
Janet


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## JCnGrace (Apr 28, 2013)

I hate to be the bearer of bad news but under the circumstances you described you shouldn't get your deposit back.


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## TessaMay (Jul 26, 2013)

Sounds like a pretty unprofessional seller, but I still don't think you have any right to your deposit back. Especially since you talked her into holding the horse for you. Think of the deposit as paying her for the time she's lost. She could very well have sold the horse to someone else by now.


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## Foxhunter (Feb 5, 2012)

Many mistakes here.
Firstly, if your gd wanted the horse she should have left a deposit the first time she visited.
Secondly, you only state the deposit is there to hold the horse subject to it being vetted. If the horse fails the vet then the deposit must be returned. 
Thirdly, if the vendor has a cash offer after your gd has said she wanted the horse and not left a deposit, then you cannot blame them for selling. It is not a good way to go about the matter but a bird in the hand is worth two in the bush. 
Finally, if the person taken with your gd to advise said the horse had problems and was unsuitable for riding, why did your gd still want to purchase it? Let alone panic to get a deposit down.

The only way you might be able to get your deposit back is if you get a vet in to examine the horse and it is found to be unsound one way or another. 
Was this a private seller or a dealer?


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## stevenson (Sep 12, 2011)

you would probably have to take her to court, after the expense of a Vet check.


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## Speed Racer (Oct 21, 2009)

Seems to me, the seller bent over backwards to accommodate you and your GD. You bullied her into turning down a motivated buyer, and are crying foul because you've decided the horse is now inappropriate. 

You can't have it both ways, Grandma. If you thought the seller was obligated to sell the animal to you and harassed her until she gave in, you don't get to back out of the deal without forfeiting your deposit. 

The seller should have told you to go pound sand when you called to whine about her selling to another person, which is perfectly legitimate and acceptable. The first person with money gets the merchandise. Just because your GD saw the horse first, doesn't mean she was entitled to it without laying down cold, hard cash.


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## WildAtHeart (Jul 17, 2013)

Yikes, sounds like a nasty situation. Although I am sad to say I think the money is gone.

In the future I would recommend to your granddaughter that she tell people at her barn that she is looking for a horse. Many of them will have connections to other barns and people selling. This way you are more likely to deal with trustworthy people.

Another note, I would always - always - get a vet check. I know they are expensive but if you can't afford the vet check you can't afford the horse.
_Posted via Mobile Device_


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## george the mule (Dec 7, 2014)

Hi All!

The moral of this story is "Never, Never, Never be in a rush to buy a horse."
There are way more good animals looking for a loving home than there are suitable owners. As soon as you here something like "Another buyer has . . . (fill in the blank)", a flag should go up, and you should continue looking.
Any caring horse owner wants a good home for their baby, first and foremost, and isn't going to push a prospective buyer into making an immediate decision.
My $.02. Steve


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## churumbeque (Dec 20, 2009)

TessaMay said:


> Sounds like a pretty unprofessional seller, but I still don't think you have any right to your deposit back. Especially since you talked her into holding the horse for you. Think of the deposit as paying her for the time she's lost. She could very well have sold the horse to someone else by now.


 I wouldn't call her unprofessional. The 1st buyer may never have shown back up with the money. Its a lesson in life.
She didn't put any money down nor have anything in writing.
Too many times have I heard the promise of coming back with the $$.

Now look the seller doesn't have a buyer.


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## NorthernMama (Mar 12, 2008)

First you're upset because the seller didn't hold the horse for your granddaughter but your GD didn't leave a deposit and another buyer appeared with cash in hand - seller had every right to sell. You have the gall to call up the seller and question this? 

Then the seller actually reneges on the deal with the actual buyer so your special little GD can have her special little horse? Either the seller felt guilty or the other deal was a fake. 

GD provides a deposit in a rush - big mistake. No written terms of the deposit. Another mistake. Deposit done before vetting. Mistake. Deposit is rightfully the sellers. You/your GD messed up. $300 lesson learned. 

Next time, everyone will know better.


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## mrwithers (Jun 25, 2014)

Yeah, you're screwed on the deposit. Next time you buy a horse go in with a plan ahead of time. 

Here's my buying plan. I do something similar with used cars too:
- Pay a vet to do a basic health check and lameness exam (About $200 USD in the US).
- Get everything in writing. I always have the seller sign an agreement saying that I will buy the horse for X price on the condition that there are no issues on the veterinary health check. That way they are obligated to sell to me and someone can't rush in and pay cash for it while I'm scheduling a vet check. It also gives the seller some safety because you're obligated to buy it if nothing is wrong with it. If something minor is wrong you can negotiate the price down too.
- Never put a deposit down until you're 100% certain you want to buy it. Take your time. Don't let a seller trick you into rushing by saying there are other buyers or asking for a deposit up front.

There is one exception to the deposit rule. If you get the horse checked out but don't have the cash to buy it right then it's ok to write up a contract to purchase the horse at a later date and leave a small deposit.


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## alexischristina (Jun 30, 2009)

The seller was totally in the right. It's up to THEM whether they will hold a horse for you without a deposit, if your gd was sure she was going to buy she should have put a deposit down right away. It might seem 'sneaky' that the seller sold to another person, but it's what I would have done.
The only bad move on the seller's part was telling you that she would sell to you instead. You're not entitled to get a deposit back, that's what it is a security for the seller in case you don't follow through.


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## TessaMay (Jul 26, 2013)

churumbeque said:


> I wouldn't call her unprofessional. The 1st buyer may never have shown back up with the money. Its a lesson in life.
> She didn't put any money down nor have anything in writing.
> Too many times have I heard the promise of coming back with the $$.
> 
> Now look the seller doesn't have a buyer.


I agree with you. I actually meant she was unprofessional by not selling to the other person who had cash in hand. Taking that back was unprofessional and shouldn't have been done.
_Posted via Mobile Device_


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## stevenson (Sep 12, 2011)

You could also call her , and explain your situation, and maybe get some of the deposit returned. Explain how sorry you are that this ended this way, and since you do have a limited income, you hoped she would have a change of heart and return some of the deposit. 
And hope she is nice.


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