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Post by jayjay12 on Mar 12, 2015 15:55:57 GMT
Hi can anyone help with some advice , we have sold a pony and received a deposit, but we no longer want to sell we are more than happy to return the deposit .....but have been told its legally binding .....thanks in advance for any advice ....
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Post by comanchediva on Mar 12, 2015 21:08:28 GMT
He's your pony and if you've changed your mind about selling then you should tell the buyer ASAP and return deposit. The buyer probably won't be too pleased but we all change our minds at some point in our lives.
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sarahp
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Post by sarahp on Mar 13, 2015 6:52:06 GMT
I can't speak for the legality or otherwise, but in your position I'd take it as a done deal as long as the buyer does their bit and sell the pony. The only time I'd return the deposit is if something happened to the pony in the mean time such as injury. Turn it the other way round - as buyer if you've put a deposit down you'd be furious if the vendor ducked out of the sale, that's the point of a deposit, to secure the deal.
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Post by judyh on Mar 13, 2015 7:08:56 GMT
A few years ago I left a deposit on a horse. They wanted to deliver him to see his new home. At the time he was supposed to arrive there was a knock on the door , a friend had the deposit in his hand and said they had decided they couldn't part with him. A week later I had a phone call to say the owner had broken his leg and would have to sell after all. You can guess my answer- that horse missed out on a good home. Make sure you really do want to keep your pony and it's not a decision you may regret to pull out of the sale. I never sell any !!!
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mu
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Post by mu on Mar 13, 2015 7:26:00 GMT
A few years ago we put a deposit down on a lovely show pony, a few days later the owner changed her mind and sent it back.
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Post by chloesmum on Mar 13, 2015 8:26:43 GMT
Many, many years ago a friend of ours sold a pony and received deposit and then like you changed their mind. To their horror the people threatened them with court action and it was very nasty. I think they only did this because one of the parties buying worked for a solicitor however it was unpleasant and made our friends feel that they certainly didn't want the pony to go to these people as they seemed so nasty. It was resolved - deposit returned and pony stayed with our friends but beware. Personally I would hope although they may be disappointed perhaps if you offer to refund any expenses they have incurred like travel or vetting if that has happened then they will just have to accept your decision. Talk to them and explain reasons asap would be advice.
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Post by robrocks on Mar 14, 2015 9:27:30 GMT
A few years ago I put a 200 deposit on a pony. The people wanted to do a show 6 weeks later then he would be mine. In the interim he won another show and they put his price up by 500. I reluctantly agreed even although i had put 200 on an agreed 3000 unproven six year old and went to watch him at his final show where he coughed his way around a hoys. I said I wasn't going to be taking him unless they had the vet to him. It materialised they had cashed my cheque prior to putting the price up. I went to citizens advice and I got my money back from them. I also got the wickedest letter saying my riding was terrible and its no wonder I had a divorce!! This person was a panel judge! I do agree that technically they probably should sell but horses are animals and emotions can be involved(on both sides). Perhaps something has gone wrong with the horse such as a lameness that they don't want to be made public? You might be having a lucky escape.
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Post by bigmama on Mar 14, 2015 10:15:23 GMT
Did you give a written receipt for the deposit and what were the terms written on the receipt re. sale? Rather than take advice from us amateurs, it may be best to get professional advice from Citizen's Advice Bureau which I think is free
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Post by Louise Dixon on Mar 14, 2015 10:15:54 GMT
I don't know the legalities of it, but having in the past left a deposit and been extremely disappointed, and missed out in the mean time on another horse which would have been suitable, I think it would be the decent thing to do to also refund any expenses they have occurred as suggested above.
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sarahp
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Post by sarahp on Mar 14, 2015 10:24:33 GMT
My OH worked for years in the City of London, whose motto was "My word is my bond". The deals done were in millions of pounds and when you'd agreed a deal, it was agreed, end of. It saddens me now reading threads like this when people can't stick to their word, changing times I suppose but not for the better.
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Post by comanchediva on Mar 14, 2015 10:56:21 GMT
This isn't a sign of the times, this is about someone realising they have done the wrong thing by deciding to sell their pony, a living thing with an emotional attachment. We all go through the stress and aggravation of selling ponies, putting up with the day trippers, photo collectors and general timewasters - that's a sign of the times, the internet and digital photos allows people to waste vendor's time in ways never dreamed of before.
A few years ago someone came to view my mare, said she would buy her, we agreed a price and a delivery time. I never heard from her again. What did I do? Put it behind me and set about readvertising.
Can't see why it is more acceptable for a buyer to change their mind than a vendor but it happens and its not the end of the world.
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Post by CarolineNelson on Mar 14, 2015 13:42:29 GMT
But it can be very painful for the prospective purchaser, as Louise Dixon has described.
In my very early 20's, whilst taking my BHS teacher training at a very large yard, I had under my care a lovely young TB (a sales prospect belonging to the proprietors) with super potential but a few glitches. During the winter I worked hard on this horse, gained a real rapport and eventually agreed a price to buy ~ placed a good sized deposit. I then had to show it off to a highly successful producer of the era and, yes, you've guessed it - I was gazumped and the animal was sold from under me.
I'm a farmer's daughter and we had a large and successful stud. I'd had a strict, scrupulous upbringing - (cousin, a City barrister) - my parents wouldn't have dreamt of doing such a thing. I had put a lot in and I loved this animal - their actions hurt like mad at the time - to be honest, millions of years later, It still annoys me now! Not etiquette, not professional, not kindly.
As SarahP says, "one's word should be one's bond". SarahP, maybe we're just old fashioned?
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bfe
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Post by bfe on Mar 14, 2015 15:49:01 GMT
Caroline. .do you remember some 30 years ago in Cheshire a certain well known 13hh whp was " sale agreed " at a show. .hands shaken then vendor changed their mind. ..purchaser took them to court and WON..to my knowledge the little girl was heartbroken and never competed again
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sarahp
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Post by sarahp on Mar 14, 2015 17:56:49 GMT
Yes I think we are Caroline Nelson. I come from a business background, where trust was everything.
comanchediva - one person's "changing her mind" is another's reneging on a done deal, reprehensible. When a deal is agreed it's too late then to change your mind. I have very occasionally had this sort of thing happen to me, and while I can't do anything about it, I won't deal with anyone again who has done it.
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Post by fanfarefan on Mar 14, 2015 18:02:31 GMT
I think if you have made a concious decision to sell an animal, advertised it, let them see it , taken a deposit , and then decide youve changed your mind ,,, IMO is bang out of order ,,, you made the decision, and you should stick by it ,,, what if the tables were turned
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Post by comanchediva on Mar 14, 2015 19:25:19 GMT
Sarah and Caroline, i dont disagree. I just try so see things from all sides and everyone has the right to change their mind. I too would be furious and would never deal with that person again if this happened to me but the OP may have a good reason for changing her mind. what annoys me about these threads is someone starts them off and you never hear from them again while the rest of us have a mad discussion about it (i dont mean mad in an annoyed fashion btw)
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sarahp
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Post by sarahp on Mar 14, 2015 22:59:46 GMT
Perhaps they start something contentious on purpose to get us all going and then sit back and watch the fun!
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Post by CarolineNelson on Mar 15, 2015 7:46:22 GMT
Perhaps they are feeling (justifiably) embarrassed to have even considered asking such a question . . . ?
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Post by mcnaughty on Mar 15, 2015 10:09:12 GMT
LOL - little troll sitting under a bridge ...... If you are not, and this is a serious question then quite frankly I'm not sure how to feel. It is totally up to you if you want to pull out of the sale but you should really seriously make sure you are making the right decision. I would be extremely peeved if I had travelled a very long distance to see pony. You must call them immediately, return deposit and work out how much their petrol expenses would have been from wherever they are based.
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Post by dancer on Mar 15, 2015 11:10:38 GMT
Even if you do pull out now you may still want/need to sell in future which could prove more difficult if this incident leaves you with the reputation of being untrustworthy.
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kirky
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Post by kirky on Mar 15, 2015 13:06:20 GMT
I do feel for you jayjay12 however I feel for the potential buyers too and the previous comments are valid. If you have decided to pull out of the sale then I hope that the buyers have been told already because the longer you leave it the worst it will be for them.
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Post by catkin on Mar 16, 2015 19:05:33 GMT
I think its all about boldness of decision (making your choice and standing by it) and then doing the right and honourable thing. I have spent a large part of my career on corporate 'deals' and partnership arrangements and have never come across anything like the kind of behaviour in less 'professional' individuals that is being described above. The point is that you need to do your homework before buying anything including animals and once a decision is made, stand by it. I have given deposits for horses I wanted to secure. Mainly to have them removed from the marketplace. Then quite happy to wait and pay the full amount, subject to agreed conditions such as vettings. Far better by trust, but a short letter signed by both parties covering the main terms of the arrangement should suffice. My grandfather made a living dealing in all sorts of horses and ponies but with all the 'messers' around now, I wonder how on earth anyone can do so these days. And by the way, I am in my forties, so not exactly an old duffer quite yet, but I feel like one when I say these things!
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Post by CarolineNelson on Mar 16, 2015 19:58:25 GMT
I think its all about boldness of decision (making your choice and standing by it) and then doing the right and honourable thing. I have spent a large part of my career on corporate 'deals' and partnership arrangements and have never come across anything like the kind of behaviour in less 'professional' individuals that is being described above. The point is that you need to do your homework before buying anything including animals and once a decision is made, stand by it. I have given deposits for horses I wanted to secure. Mainly to have them removed from the marketplace. Then quite happy to wait and pay the full amount, subject to agreed conditions such as vettings. Far better by trust, but a short letter signed by both parties covering the main terms of the arrangement should suffice. My grandfather made a living dealing in all sorts of horses and ponies but with all the 'messers' around now, I wonder how on earth anyone can do so these days. And by the way, I am in my forties, so not exactly an old duffer quite yet, but I feel like one when I say these things! Really, really well said, Catkin!
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