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Post by Shadow Fox on Jan 10, 2018 1:40:48 GMT
Looking for opinions please. Bought a youngster 2 months ago paid a hefty deposit & paid gelding fee. Horse was supposed to be delivered before end of year. Long story but breeder is still arguing with passort society as he has no passport, I was told he did & this looks like it could drag on for many more weeks.
Where do I stand legally anybody have an idea? I cannot wait any longer especially as I committed to buy a papered youngster within a timescale . I know normally if a buyer changes their mind then quite rightly they forfeit their deposit & any gelding costs. But I literally have my life on hold & have mucked a lot of people about cancelling transport etc as I keep getting told still no passport so what would you do? I am saddened at all this & really like the horse but equally I saved a long time to pay this money after the death of my old girl. Any advice appreciated
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Post by bigmama on Jan 10, 2018 12:27:38 GMT
Have you got anything in writing, ie. receipt for deposit AND details of delivery, timescale, etc?
Also, you say that the horse was supposed to be delivered before the end of the year (2017?) but then go on to infer that you have cancelled transport?
I would consider writing to the seller outlining the facts and say that, due to their inability to fulfill the contract between you, you are not prepared to wait any longer and that, unless the horse is delivered within the next seven days, you will not proceed with the purchase and will require a full and immediate refund.
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Post by Shadow Fox on Jan 10, 2018 15:16:50 GMT
Thank you for reply Bigmama, all correspondence has been via email. Originally they wanted to deliver before Christmas but they still had not obtained duplicate passport. I arranged a transporter for between xmas & new year as they promised me his passport. Had to cancel as no passport, this happened again last week. They are now saying they will have to completely start a new registration & breed society says this will take around 5 week as not on database? To be honest I am sick of all this I have done everything correctly paid a hefty deposit and arranged transport when their's failed as the breeder was over stocked and needed him moved quickly .
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Post by kateanne0 on Jan 10, 2018 15:35:00 GMT
Contact the Breed Society yourself to validate that the youngster is eligible for full registration. This will satisfy any anxiety you might have regarding the issuing of a passport. It seems that your seller has broken the contract. Check with BHS helpline and free initial legal advice service.
Thereafter you have to options.
1. If the youngster is eligible to get a breed passport, accept delivery but hold back on full payment until the passport arrives.
2. Arrange for a discount on the price of the youngster and wait until the passport arrives before delivery.
If the youngster is everything you want, it may be well worth the wait (providing you aren't having to pay stable rental fees etc)
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Post by sjw87 on Jan 10, 2018 20:59:26 GMT
Kateanne - I think some of the issue will be that it's illegal to travel the horse without a passport so no reputable transporter will move said horse.
Aside from that you really have the options of:
Waiting for them to get the passport sorted, potentially negotiating a discount. I would question what the issue is further though as if they bred the horse there shouldn't be confusion over whether the horse was already registered or not.
Give them a date to deliver by before abandoning the purchase and requesting a refund of the deposit. Unless this was written into the original agreement (which I doubt from what you say), you would need to give them reasonable notice of this in writing though so that if they don't refund you can pursue a claim through the small claims court.
The other option is to move the horse without a passport (either you or the seller) and then sort the passport out yourself. It is essentially illegal so of course not recommended but you'd be far from the first person to do so.
You say you can't wait any longer; you haven't said why but personally I'd enjoy letting the seller have the winter workload ;-)
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Post by Shadow Fox on Jan 10, 2018 22:47:44 GMT
Thank you all for replying, it is partly economics I have been paying a fortune on livery for a horse that has failed to arrive due to not having a passport. Even if they get passport in 5 weeks there will still be a delay as horse has to start vaccinations again & their local vets want a passport. This is a headache even if I get deposit back there is the problem that I paid for gelding because I was 100% commited to purchase.
They are arguing the gelding may have devalued him although he was not a working entire. Apparently they have still not got round to applying for a passport 🙄
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Post by honeypot on Jan 11, 2018 9:11:56 GMT
I would send the an email that you wish to complete the sale within say, 14 days otherwise you want your money back as they have not completed the contract. The seller has to provide the passport. Some PIO do take longer than others, and it might be worth ringing them to see what the turn round time is, but if all the paperwork is correct it shouldn't take that wrong. The other thing is to take him without the breed passport and apply for a generic one which takes about two weeks and negotiate a big discount.
They were obviously trying to save money by not registering him. After a certain time some breed societies need DNA testing, I wonder if they bought him in and there is a problem with the DNA.
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