Help!!! - put deposit down to then find out..

[3kidslou]

I went to see a horse which ive seen and ridden a few times, really liked her she was up for 1600 and I knocked her down to 1400. I went yesterday and gave £600 deposit and the owner told me I can pay the rest over the next five weeks and take her at the weekend. Anyway was telling a friend about her who then went on to tell me that she and a friend had been a few days before and someone on the yard told her that the horse had failed a vetting on lameness!!. Where do I stand now?? haven't a clue what to do, I should of just put a 100 down, im really kicking myself. She gave me a receipt for deposit and the amount owed. Am I within my rights to knock down the price or get deposit back????......help!!!!

Well if she failed the vetting once, she should fail it again. Talk to the owner.

Presumably you put down the deposit subject to vetting? You were going to have her vetted weren't you? Weren't you? If you didn't stipulate that the deposit was paid to hold the horse while you arranged the vetting and you don't have a vet coming, then I'm not sure where you stand.

If I was the owner, and you'd left me a deposit which wasn't in fact a deposit, but the first payment in an agreed payment plan, (which is how your OP reads to me), and you never mentioned a vetting, then I would let you out of the sale, but I would keep the £600.

Talk to her, ask her if its true and if you could split the cost of a new vetting. It might not be true.

What were the terms of the deposit? Were you supposed to arrange a vetting? If yes, then go ahead and get the vetting done. If she fails you are entitled to your deposit. If she passes then forget about the rumours, you don't really know what happened previously.

If you were buying her outright, i.e. not subject to a vetting, then you are not entitled to your deposit back. In fact if this was the first installement towards full payment rather than a deposit the seller may have a case against you for the full agreed price regardless of whether you now want the mare or not.

Sounds like you agreed all this on the basis of no vetting. In which case unfortunately as above posters have said, she has no obligation to give you the money back.
Best bet is to talk to owner and see what she says about it. Does your friend know details of the vetting? If its a flexion test showing up lameness they are a bit controversial. Depending on what you want her for, she might be fine.
If you really want her, get her vetted. If vetting shows lameness and owner won't give money back you are probably better off writing off the money.

As far as I am aware a seller is not allowed to knowingly sell faulty goods - this is fraud. As far as I know animals fall also under this.

So I would contact the seller and ask whether the mare failed vetting (if the seller lies and you can prove that you should get your money back through small claims court). If she agrees then I would cancel sale and ask money back and contact trading standards if necessary. Was the mare advertised anywhere as sound?

The key to all this is what the seller KNEWat the time of the sale and whether you were intentionally being misled.

I must admit after a flexion test, I would walk funny

LoveSewingBee none of this applies to private sellers, only to dealers. For private sellers it's caveat emptor.

I'm pretty sure it's still a civil case with a private seller, but getting your money back is a different issue. Some horses fail on a flexion test and are fine a couple if days later, why don't you vet her?

I would imagine that it would be a civil case...just not one the buyer would win on the grounds of fraud!

Just thought I would say that I bought a 12 year old horse who failed the flexion test as he was great in every other way and I was not aware of any issues, he was £3k in better financial times I got a bit off when he failed and agonised over it but spoke to a lot of people including family vet who said off the record there are lots of horses like that and as long as horse not lame in general might be worth a chance. Given that the horse is not young and I am not an eventer. Five years later he has never delevoped a problem in the leg concerned although he does get cortaflex, my sister in law had a mare who passed 5 vet and developed navicular soon afterwards was unrideable within the year. I would say that the flexion test is not always an indication of serious problems and if the horse is older and you are not expecting athletic wonders then might not be as bad as you think, certainly not "faulty goods" (wonder if I would pass a 5 human test at 33, think maybe not....)

It did read that you wanted to get more money off, how did it go?

Don't forget that a vetting is only representative of the horse on the day of the vetting, so only a snapshot.

Just because a horse fails a erring doesn't necessarily mean it would fail again.

Though I think you should always get a horse vetted regardless of its value just to cover yourself.

I think you should arrange a vetting & see what happens. Stage 5 if you can afford it, otherwise def a stage 2. Hth