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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6305
Experience:  BA (Hons), PgDip, Practising Solicitor
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Good Morning, Myself and my partner put a deposit on a stallion

Resolved Question:

Good Morning,
Myself and my partner put a deposit on a stallion horse that we saw advertised back in febuary ,
He was priced at £3500 and we were asked for a £500 DEPOSIT to secure him as he was not available to leave the stud as he had an obligation to cover a visiting mare and get her tested in foal ,...
Which we agreed we had the opurtunity the have the horse vetted back in febuary but thourght this would have been pointless as he had to remain with the vendour for another few weeks and he could have injured himself within this time ,..
The vendor informed us that he had completed his obligation and demanded that we collected him and payed the remainding balance ,...

I explained that i would make arangement to come and collect him in the following 7days and i expressed that i wished to get him vetted , the vendour was very demainding and said we had to collect and pay for him straight away when mentioned a vetting she was very hostile ,..
Nedless to say we feel out and started arguing all of this indicated to me that she had something to hide ,..
She still protested and i felf that i no longer wished to go ahead with the purchase ,..

She has my £500 deposit and will not return it , ...
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Is the seller selling in the course of their business (eg. as a seller of horses by trade)?
2. Or is this a private individual selling their own horse?
3. Do you have a written contract

Kind regards.
Tom
Customer: replied 2 years ago.

I belive it is a stud , theefore a buisness ,..

 

I do not have a contract as such I do have a recipt via email for my deposit,..

Expert:  Thomas replied 2 years ago.
Ok.

Did you pay the deposit at the premises of the seller?
Customer: replied 2 years ago.
No it was sent via bank transfer,
Customer: replied 2 years ago.
I am still awaiting my reply please
Expert:  Thomas replied 2 years ago.
Please be patient. I'm drafting.
Customer: replied 2 years ago.
ok thanks
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

If the seller sold in the course of their business and you did not attend their premises then means the Distance Selling Regulations and the Sale of goods legislation applies to the Contract.

If the contract had been concluded after a conversation you had with them in which it was agreed that the payment of the deposit and the balance of the purchase price were subject to a satisfactory veterinary exam and he refused to permit the exam or the horse did not pass it then you could insist on the deposit being returned. You could sue him if he did not.

If you did not mention a veterinary exam then there is no requirement for him to permit you to have one carried out unfortunately.

This being the case you should look at your redress under the above legislation.

In respect of the distance selling regulations a 7 day right of cancellation is implied in to contracts to which the regulations apply. However, he may be able to claim that the contract was a conditional contract (ie. you were bound to purchase and would have done so by paying the balance) in which case the cooling off period would not apply.
Under the distance selling regs they must provide you with information following conclusion of the contract (when you paid the deposite). The information the must provide you is contained at 3.1 of the above link:-
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

If they have not provided the information then you right of cancellation extends until 7 days from the date the information has been provided to you. I would suggest the best available route (if you did not agree the vet check prior to contract) would be to claim that the regs apply in an email/letter to them and state that they have not provided the above info. When they do provide the info you can then use the 7 day cooling off period and state that you are cancelling the contract and require the refund.
If they do not refund or claim that the regs do not apply then you will have to sue and fight out whether the regs apply to this at court.

The Slae of goods act confirms that the horse sold to you must be of satisfactory quality. If the contract does not permit you to have it vet checked and he is not willing to do so after you ask again then you could pay the balance of the money then have the vet checked. If there are problems revealed to the extent that the horse is not of satisfactory quality then you can ask for the problems to be rectified at their costs (if they can) and, if not, a full refund. You could then sue them for the return of the money.
Sorry it could not be better news.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.


Kind regards,


Tom
Customer: replied 2 years ago.
How does the l;aw differ if it is a private sale ?
Expert:  Thomas replied 2 years ago.
Hi,

If it's a private sale then neither the sale of the goods act or the distance selling regs would apply. You would be completely stuffed in other words.

Trust this clarifies, please click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6305
Experience: BA (Hons), PgDip, Practising Solicitor
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