Paid deposit now seller is ignoring?

[jennycash]

I’m stuck on what to do. I drove a total of 12 hours to try a horse that was for sale. I really liked him so I put a deposit down. There was a quick contract written by agent. Basically just states I put ___ down and ____ left to pay when I pick horse up. The following day I had a few more questions as far as records (vet and show), previous info and what not. It has been a few days now and I haven’t heard a word. I have called, text, emailed. Not a single response from them.

It is shady that they are avoiding the history on the horse, but it is what it is, I like him. But the fact that I can’t even schedule to pay off and pick up this gelding is worrying me. For all I know they could have sold him to someone else and are keeping the large deposit.

At what point do I get someone else involved? And who?

[Ambitious_Kate]

First, the moment I was suspicious I would cancel the check. Of course, your check isn’t cashed. it should only be cashed if you actually buy the horse.

what was the point of the deposit? Why did you not purchase the horse at the time? What is the agreement that the owner is supposed to do with the check if you don’t purchase thehorse? What did the contract you signed say about the terms of the purchase, including the deposit?

Need a little more info here.

Basically, I would contact the owner, state you want to purchase the horse, and that you want to schedule the PPE, and give them 24 hours to respond and the offer is recinded. if they don’t call back, move on. You don’t, and I mean, you DON’T want that horse, if they are dicking you around.

You don’t need anyone else to do that. If you have basically done that already, then just call the bank and cancel the check. If they cashed it, and haven’t contacted you in 24 hours, pass the check and a letter along to your attorney and take them to small claims court. Next horse. IOW, move on.

[demidq]

You mentioned that there was an agent involved when you saw the horse- I’d talk to them and see if that gets some action. Presumably the agent is getting a percentage and has a stake in getting the deal done.
Are you comfortable taking the horse without the info you requested? Otherwise that is a deal breaker.

[jennycash]

@Ambitious Kate;8151623

what was the point of the deposit? Why did you not purchase the horse at the time? What is the agreement that the owner is supposed to do with the check if you don’t purchase thehorse? What did the contract you signed say about the terms of the purchase, including the deposit?

Basically, I would contact the owner, state you want to purchase the horse, and that you want to schedule the PPE, and give them 24 hours to respond and the offer is recinded. if they don’t call back, move on. You don’t, and I mean, you DON’T want that horse, if they are dicking you around.

We did not haul the trailer, figured we would save the gas for the trial ride and if we decided to purchase, put down deposit and pick up next week. The deposit was in cash. The signed paper only states I paid in cash and have a balance that will be due when horse is picked up. Agents signature to complete it. Absolutely nothing else.

[jennycash]

[QUOTE=demidq;8151688]
You mentioned that there was an agent involved when you saw the horse- I’d talk to them and see if that gets some action. Presumably the agent is getting a percentage and has a stake in getting the deal done.
Are you comfortable taking the horse without the info you requested? Otherwise that is a deal breaker.[/QUOTE]

When I called in interest thats who they told me to deal with. Pre-deposit he was prompt with responses. Post-deposit not a reply.

I really like this horse, talented and would love him in my barn, but this seems like such a huge red flag on so many levels. At this point I could move on, but I don’t know how to go about getting my cash back. Is the only step small claims court?

[furlong47]

[QUOTE=jennycash;8151707]
At this point I could move on, but I don’t know how to go about getting my cash back. Is the only step small claims court?[/QUOTE]

Personally I would first exhaust all methods of contact. Is there only one person (agent) you are trying to reach? Are there others you could try to find like horse owner, boarding barn owner, trainer who may know what’s going on? Is it possible something happened to the person (in hospital etc)?

Next I think I’d contact their local police department and see if there’s any help there, since technically your deposit has been stolen. At the least you may be able to get a police report for additional documentation. You will need proof if you go to court so hang on to that signed paper too, and I would document all the times you try to contact with no reply.

A letter from a lawyer may also scare them into coughing up the money without actually having to go to court.

The $ limit for small claims court varies depending on state (from $2,500 up to $25,000) so if horse/deposit were pricey you would have to check that your deposit amount qualifies. If you crossed state lines in your 12 hour trip, you may have to file suit in the agent’s state of residence/business.

(I am not a lawyer, nor do I play one on TV)

[js]

Do you have the cash for the purchase, if yes, hook up your trailer and drive there to get your horse or your money back. Otherwise, is there someone in the area you know that could go check to see if horse was in fact still there? Call the sheriffs office in that county and have them go by the farm or agents place to check. I’m not sure they would do something like that but worth a try.

On a side note, did you google the agents name to see if there is anything negative on the internet or possibly listings for other phone numbers etc?

[DressageFancy]

Possible something just came up making the agent unavailable. Show? family emergency? ?? Hopefully they will get back to you in a couple of days and all will be resolved and you will be able to go pick up your horse. Good luck!

[Flash44]

Maybe they are showing this weekend if the agent is also a trainer.

[Foxtrot_s]

Maybe … but most people can dash off a quick reply while away or showing IF they want to sell the horse. A red flag for sure, or inept business person.
A letter on a lawyer’s letterhead sometimes works. The horse world is full of traders like this unfortunately.

[Kwill]

I think if you don’t hear from them in say, seven days, then you need to contact and attorney and get legal help.

Driving there with a trailer is also an option, but sounds like a frustrating one since it’s so far.

Sounds like a really bad situation, hope it resolves in your favor.

[Ambitious_Kate]

I know, its hard, sad, too. I thought the advice from demq and furlong was along the right track. Thanks, jenny, for answering my question. Sorry, this ones a toughy. Hope you can sort it out. Not nice at all.

[arlosmine]

Next letter
“Due to not receiving a return communication from you regarding my cash deposit you accepted for horse “X” . and the receipt I have in my possession, I am contacting my attorney, the BBB, and your local sheriff’s office to report the theft of my deposit if I do not hear from you within 24 hours of (now). I have kept record of our conversations and will hand deliver a copy of this letter to your door. As of this time I would like me deposit back in the form of cash or cashier’s check, since your lack of response has prevented my from proceeding with the purchase. Please inform me of how and when you will be returning my deposit to me in a timely manner”
That should do it.

[Ambitious_Kate]

Arlosyours, that’s a pretty good letter. Nice. Hope something like that works.

[gottagrey]

what did the contract say as far as the deposit. Was it a nonrefundable deposit? if so it could be a we said/they said situation. Before you get the trailer and go down to pick up the horse w/cash in hand, who did you give the $ to? The Agent or the Owner? if the owner, then you might have a legal case in taking the horse, if you gave the Agent the cash, unless you have the owner’s signature on that document, that horse does not belong to you. Do you have anything in writing stating that Agent was working on behalf of the owner? Did you meet the owner or just the Agent. If you only dealt with the Agent, I would contact the owner ASAP to see what the deal is. As mentioned if you only dealt with the Agent and have no proof of their relationship, then you have Zero claim to the horse at present.

[jennycash]

[QUOTE=arlosmine;8152330]
Next letter
“Due to not receiving a return communication from you regarding my cash deposit you accepted for horse “X” . and the receipt I have in my possession, I am contacting my attorney, the BBB, and your local sheriff’s office to report the theft of my deposit if I do not hear from you within 24 hours of (now). I have kept record of our conversations and will hand deliver a copy of this letter to your door. As of this time I would like me deposit back in the form of cash or cashier’s check, since your lack of response has prevented my from proceeding with the purchase. Please inform me of how and when you will be returning my deposit to me in a timely manner”
That should do it.[/QUOTE]

Thank you!!!

[jennycash]

[QUOTE=gottagrey;8152420]
what did the contract say as far as the deposit. Was it a nonrefundable deposit? if so it could be a we said/they said situation. Before you get the trailer and go down to pick up the horse w/cash in hand, who did you give the $ to? The Agent or the Owner? if the owner, then you might have a legal case in taking the horse, if you gave the Agent the cash, unless you have the owner’s signature on that document, that horse does not belong to you. Do you have anything in writing stating that Agent was working on behalf of the owner? Did you meet the owner or just the Agent. If you only dealt with the Agent, I would contact the owner ASAP to see what the deal is. As mentioned if you only dealt with the Agent and have no proof of their relationship, then you have Zero claim to the horse at present.[/QUOTE]

It didn’t say anything about deposit. It is simply, Buyer paid $ and still owe $ when picking horse up. The owner wasn’t there nor do the live in the state unfortunately. Every conversation with owner I was told to talk to selling agent. I didn’t think of the relationship and contract. :-/ Thank you!

[jennycash]

Just saw a new ad for the gelding! :mad: And still no response.

[TheJenners]

New ad, posted after your deposit? Call the local police agency NOW. Don’t be a door mat.

[gottagrey]

[QUOTE=TheJenners;8152545]
New ad, posted after your deposit? Call the local police agency NOW. Don’t be a door mat.[/QUOTE]

This ^ Exactly. Before you do anything else get a copy of that ad, hopefully with anything that has the date the ad was posted, where it’s posted etc. I would be on the horn with the owners ASAP and asked them what the heck kind of scheming dishonest agent they have selling horses for them? or is the horse even for sale? And the other thing I’d do is get a buddy to call up and ask about the horse etc. Man I would be PO’ed and sick to my stomach. I’m sorry but I don’t have a good feeling about this for you.