Refunding a deposit

[crazycatgal]

My friend sold her horse a couple of weeks ago to someone who came and viewed him and put down a deposit. This weekend he has turned around and said that he no longer wants the horse but wants his deposit back.

My friend now has to pay for more feed, substrate and stable rent due to him backing out. Does she have to give the deposit back? The man is threatening legal action but we are unsure if he has any rights to his deposit back.

Depends on the terms that were agreed on the deposit when it was received

It was a non refundable deposit paid so that the horse was taken off the market as they would be buying.

did you have anything in writing? Otherwise he can take you to court and its a case of whom the judge believes

sorry - your friend

No, she just agreed verbally but I've had a look online and have seen that a verbal agreement is still a contract.

You are right that a verbal agreement is still a contract but it is very hard to prove a verbal agreement. Does she have anything alluding to the fact that the despising is non-refundable? Emails? Texts? If not she can send him an email saying something along the lines of 'you were aware when you agreed to the sale that the deposit was non-refundable. If he agrees, or doesn't outright deny that then it can be used to prove incorporation if the term. They you also have to consider unfair terms. I would reccomend looking on west law to see whether there have been any similar cases. When determining whether the term was fair or not you would have to consider the nature of the item (animals of course have different temperaments so this would lead me towards the direction of unfair), the parties' relative expertise (if he had never owned a horse before and she is a breeder it is more likely to be unfair than if he deals with horses for a living and she just has it for personal use). Then there also the question of prior inspection (did he agree to the sale before seeing the horse? Or did he get to ride it?). Then, even if there is a contract to that effect there may be circumstances under which he would have the right to rescind for example if he was mislead or mistake about the horse in sone way. You really haven't provided enough details to say what is what.

He saw and rode the horse before he agreed the sale and put down the deposit. He's trying to get the deposit back because he says the horse isn't as described.

The horse was described as green and needing time and schooling which he acknowledged but he is now saying that this is why he no longer wants the horse.