# Help owner has backed out of sale



## Chloea3 (28 March 2017)

Hellos I'm new to the forum but I just need some advice. This is gonna be long haha. 
After 15 years of experience with horses, 2 loans and a share and after spending about 8 months thinking about it; I came to the conclusion I was ready to get my own horse. I spent a good 4 months look and finally found the perfect one. Had lengthy discussions with the owner and finally  went to view her. She was selling her after a year of owning as the she was too small the owner and her husband and they found she was not suitable. We discussed that I would be going on holiday soon for 2 weeks and I asked if it would be suitable for her to hold on to her if not I had a friend that would take care of the horse whilst I was away she said she wanted her to go as soon as possible which was fair enough. So I put down a £600 deposit (the horse was £1200) and I wanted to pick her up 2 weeks later. After speaking to my friend that was gonna look after her whilst on holiday, her circumstances had changed, so I asked the owner to hold on to her whilst I was on holiday which she agreed to and I was very thankful. 
I spoke to the owner yesterday as I wanted to stay in contact and she has all of a suddenly decided not to sell as she has really bonded with the horse. She has offered to give my money back but I'm both furious and heart broken. The owner has had the horse for a year and little progress has been made with the horse and she mentioned nothing about bonding with her, but suddenly I want to buy her and she cannot part with this horse? It makes no sense and it's completely unfair and unreasonable and I don't know how you could do that to someone (get their hopes up and let them down so drastically). 
I have looked online and there isn't really anything protecting either of us legally, although we didn't sign a contract, my mum has spoken to a lawyer who says that I do have a case and could consider taking her to court as by accepting the money the owner entered into an agreement with me that I would be buying the horse, but it could go 50/50 and is a long winded process. 
I have tried standing up for myself as I'm a firm believer in not going down without a fight. But I don't know what my next move should be, help!
Thanks for reading, any advice and input would be appreciated.


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## Shay (28 March 2017)

You are entitled to the return of your deposit.  If you have incurred other costs like a deposit on stable or vetting etc then you would have a reasonable case to reclaim those through the small claims court.  Although I can see the possible argument for an order of specific performance (basically to complete the sale) taking that through court will take a long time and cost more than the horse is worth.  Not to mention the issues with care and control whilst the case goes through. 

I absolutely accept you are annoyed - but you need to pick your battles.  I really doubt this is a good one.  Get your money back and walk away.


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## cobgoblin (28 March 2017)

Well it is 50:50 isn't it....you've put down a deposit for half the price of the horse...but didn't collect two weeks ago, perhaps this wouldn't have happened if you had and the owner wouldn't have decided that she couldn't part with the horse.In the meantime, the owner has offered your money back and you will not be out of pocket.

You could take it to court...it would be unpleasant for all and you could still lose...or...you could take your £600 and chalk it up to experience, get over your annoyance at look for another horse.
Worse things happen when horse hunting...at least she hasn't bogged off with your money.


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## Carlosmum (28 March 2017)

Sorry to say, I think you should take your deposit back and chalk it up to one of life's experiences.
Something similar happened to my son trying to buy his first house.  He lost about £400 on Solicitors fees and will never see that money again.


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## conniegirl (28 March 2017)

I think you should get your deposit back and ask for any vetting fees and travel costs on top as you will be out of pocket for them.

If you start asking for those back she might think twice about the strength of any Bond


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## Pinkvboots (28 March 2017)

conniegirl said:



			I think you should get your deposit back and ask for any vetting fees and travel costs on top as you will be out of pocket for them.

If you start asking for those back she might think twice about the strength of any Bond
		
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agree with this it may just work in your favour but failing that I think you just have to get your deposit back and walk away.


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## be positive (28 March 2017)

conniegirl said:



			I think you should get your deposit back and ask for any vetting fees and travel costs on top as you will be out of pocket for them.

If you start asking for those back she might think twice about the strength of any Bond
		
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Do not try taking it to court the only "winner" will be the solicitor who gets paid whatever the outcome, chalk it up to experience and move on there will be another, possibly better, horse out there for you.

There could be several reasons for them pulling out, the "bond" may be one but it could be due to other things, I would be suspicious of any "perfect" horse costing only £1200 so you may have had a lucky escape especially if you didn't get it vetted before handing over the cash.


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## SpringArising (28 March 2017)

I think you're overreacting a little bit. 

Take your money back and walk away.




			The owner has had the horse for a year and little progress has been made with the horse
		
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That's completely irrelevant. 

Also, she's had her for a year and you can't understand how she'd not want to sell her, yet you've seen the horse a couple of times, and you're heartbroken?


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## Cortez (28 March 2017)

Get your deposit back. Go and buy another horse, there are plenty to choose from.


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## Goldenstar (28 March 2017)

Cortez said:



			Get your deposit back. Go and buy another horse, there are plenty to choose from.
		
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Exactly get your money back and the cost of the vetting and move on.
Chalk it up to experiance when you choose a horse get it home fast .


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## dixie (28 March 2017)

Get your money back PDQ and be very wary if she offers you the horse in a couple of weeks. He might have gone lame and she wants to hold off. If she does, mention getting him vetted.   There will be other horses, it's just a pain finding the right one.


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## conniegirl (28 March 2017)

be positive said:



			Do not try taking it to court the only "winner" will be the solicitor who gets paid whatever the outcome, chalk it up to experience and move on there will be another, possibly better, horse out there for you.

.
		
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Nowhere did I say take it to court but often just mentioning that you want the money back and you might tends to get them thinking.
Also for small claims court no solicitors are needed and the process is quite simple


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## Shay (29 March 2017)

You can't get an order for specific performance through the small claims court - that is for money claims only.


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## Sandstone1 (29 March 2017)

It wasn't meant to be. Get your money back asap.  Find another horse. You might find one better and more suited to you.  Sometimes these things happen for a reason.  Put it behind you and move on. It's not worth stressing over.
Maybe the owner thought you were messing her about by not taking the horse straight away. Two sides to every story!


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## conniegirl (29 March 2017)

Shay said:



			You can't get an order for specific performance through the small claims court - that is for money claims only.
		
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no you cant get an action, but you can get a claim for the  money for the vetting and the travel.

When the seller has the threat of ending up out of pocket then they often reassess the "bond"


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## Dry Rot (29 March 2017)

Foir this reason, I don't like deposits for live animals, either way.

Dixie makes a very good point. Supposing the horse had gone lame? Who is responsible for paying the vet bills? Or something else has gone wrong?

Money passes with ownership. Simple.


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## Tyssandi (29 March 2017)

Chloea3 said:



			Hellos I'm new to the forum but I just need some advice. This is gonna be long haha. 
After 15 years of experience with horses, 2 loans and a share and after spending about 8 months thinking about it; I came to the conclusion I was ready to get my own horse. I spent a good 4 months look and finally found the perfect one. Had lengthy discussions with the owner and finally  went to view her. She was selling her after a year of owning as the she was too small the owner and her husband and they found she was not suitable. We discussed that I would be going on holiday soon for 2 weeks and I asked if it would be suitable for her to hold on to her if not I had a friend that would take care of the horse whilst I was away she said she wanted her to go as soon as possible which was fair enough. So I put down a £600 deposit (the horse was £1200) and I wanted to pick her up 2 weeks later. After speaking to my friend that was gonna look after her whilst on holiday, her circumstances had changed, so I asked the owner to hold on to her whilst I was on holiday which she agreed to and I was very thankful. 
I spoke to the owner yesterday as I wanted to stay in contact and she has all of a suddenly decided not to sell as she has really bonded with the horse. She has offered to give my money back but I'm both furious and heart broken. The owner has had the horse for a year and little progress has been made with the horse and she mentioned nothing about bonding with her, but suddenly I want to buy her and she cannot part with this horse? It makes no sense and it's completely unfair and unreasonable and I don't know how you could do that to someone (get their hopes up and let them down so drastically). 
I have looked online and there isn't really anything protecting either of us legally, although we didn't sign a contract, my mum has spoken to a lawyer who says that I do have a case and could consider taking her to court as by accepting the money the owner entered into an agreement with me that I would be buying the horse, but it could go 50/50 and is a long winded process. 
I have tried standing up for myself as I'm a firm believer in not going down without a fight. But I don't know what my next move should be, help!
Thanks for reading, any advice and input would be appreciated.
		
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It is hard when this happens, I had this with a horsebox I viewed Nov 2016.  I  phoned the owner expressed interest and ask (the lowest price he said £ 16.500)and  if I could view they said yes and they have had someone else view the day before but they cannot get their mechanic out till the tuesday (They viewed Sat I was viewing Sunday).  So off I trotted over an hour away the next day -  I viewed - gave it the once over - checked it out for anything obvious.  I said on leaving I was interested and phoned a mechanic while I was there and booked the next day Monday.

 A few issues but said go for it.    I called up and said what the mechanic said and said I want it.   He said * oh er  um * can I call you later.     Well he did not he text me and said he had sold it for the full asking price to the other lady.  We know she had not got mechanic out  yet and realised mine passed it so called other lady and told her he had an offer for £ 16.500 and if she offer full price she could have it. Very underhanded and mean so I was out of pocket the vehicle check and diesel and time and rug pull out from under me.



When I surffed later another had just popped up on Horsemart, beautyfull colour lovely inside  I loved it and called,  owner supprised at my phone call as he had only just put it up on HorseMart. It was booked for MOT the next day.   I went to view a day or so  later again did not drive it, as I know Iveco back to front  loved it and said on my mechanics ok and he drove it, I want it and left deposit this time.   A few niggles and small things need attention but mechanic said go for it.   Owner needed to hold on as vet visit to horsepital  they needed it as their new one was not ready as that owner had not sold.  

  It worked out like a charm;    phone call later next week saying

 3rd in chain had sold theirs and bought already so 2nd in chain could now buy 3rd in chain and I could have mine earlier    So we  *1st in chain*  collected on the Saturday with the £ 17.000.000 - 2nd in chain who I bought from collected on the wed from 3rd in chain  and 3rd in chain already had theres  and had sold theirs to 4th  in chain.

  So the moral of this Op - if this mare seemed the one, and the owner did this to you.  It was not to be with this mare and the *RIGHT* one is out there and will find you.

 I am so happy with my box as it is 4 years newer than the one I had hoped for and  a much nice box all round so I am one happy  girl.    Good luck in your search and post pics when you get your new horse.


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## eggs (30 March 2017)

Some things are just not meant to be.  Get your deposit back and look for another horse.  It is always possible that the current owner will contact you in a little while having decided to sell the horse after all but for more money!  

It wasn't mentioned in your post but if you did pay for a vetting there is no harm in asking for that to be reimbursed as well although there is no guarantee you will get it.


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## JanetGeorge (3 April 2017)

eggs said:



			It wasn't mentioned in your post but if you did pay for a vetting there is no harm in asking for that to be reimbursed as well although there is no guarantee you will get it.
		
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She certainly should under these circumstances.  I had a wierd one from the seller's point of view a few weeks ago.  Sold a little 5yo mare, super quiet on the road (we'd been using her to take out the real babies).  She'd traveled before in a trailer with no problems.  Sailed through a 5stage vetting.  So a joke transporter turned up to collect her in a 31/2 tonne with the low roof.  She loaded, and as we left the box she had a serious panic attack and wrecked the inside of the box.  She came off - the box wasn't fit to travel in even if the transporter had been willing to continue.  The buyer pulled out and I refunded the purchase price (but not the cost of the vetting.)  I did wonder whether the transporter would come after me for the cost of repairs - I wouldn't have done THAT as she was not my horse at the time.


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## YasandCrystal (3 April 2017)

JanetGeorge said:



			She certainly should under these circumstances.  I had a wierd one from the seller's point of view a few weeks ago.  Sold a little 5yo mare, super quiet on the road (we'd been using her to take out the real babies).  She'd traveled before in a trailer with no problems.  Sailed through a 5stage vetting.  So a joke transporter turned up to collect her in a 31/2 tonne with the low roof.  She loaded, and as we left the box she had a serious panic attack and wrecked the inside of the box.  She came off - the box wasn't fit to travel in even if the transporter had been willing to continue.  The buyer pulled out and I refunded the purchase price (but not the cost of the vetting.)  I did wonder whether the transporter would come after me for the cost of repairs - I wouldn't have done THAT as she was not my horse at the time.
		
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My vet had to attend a new horse that did the same as this, but really really injured itself to the point the poor new owner had to have the horse euthanised as it had so badly damaged tendons. The original owners did not want to know, they were obviously there as the horse freaked out after being loaded. Very sad.


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## JanetGeorge (3 April 2017)

YasandCrystal said:



			My vet had to attend a new horse that did the same as this, but really really injured itself to the point the poor new owner had to have the horse euthanised as it had so badly damaged tendons. The original owners did not want to know, they were obviously there as the horse freaked out after being loaded. Very sad.
		
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That IS sad.  My youngsters almost always travel well - even on their first time.  But I had another freak out on loading (into a trailer which he'd done before).  He loaded fine and only freaked when top doors were closed.  So we whipped him off, gave him a full tube of Sedalin and waited an hour. (Sedalin only works if you give them time to cool down - and then time for it to work.)  He turned out quite sensitive to it and was really dopey to load - but traveled fine and arrived in his new home safely.


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## ycbm (3 April 2017)

eggs said:



			It wasn't mentioned in your post but if you did pay for a vetting there is no harm in asking for that to be reimbursed as well although there is no guarantee you will get it.
		
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The owner entered into a contract to sell and has broken that contract.  The buyer can go to the small claims court for a very small amount of money and force her to pay all the expenses associated with the purchase (vets, her own travel). If she does not refund the vet bill, if there was one, then I would do that.


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## Goldenstar (3 April 2017)

ycbm said:



			The owner entered into a contract to sell and has broken that contract.  The buyer can go to the small claims court for a very small amount of money and force her to pay all the expenses associated with the purchase (vets, her own travel). If she does not refund the vet bill, if there was one, then I would do that.
		
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So would I 
Deposit back refund of vetting fees or small claims court .


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## Exploding Chestnuts (3 April 2017)

Or someone has offered more,  OR the horse has already been sold.


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