Paid deposit now seller is ignoring?

[findeight]

I must have missed it but is there any kind of a contract here? Or just what’s basically a receipt just stating xxx was paid and xxxx will be paid at pick up with no other details or description??? And did it say the deposit was refundable if the sale fell through?

Might be hard to prove there was any kind of binding agreement without specific language.

Really don’t know enough about this to speculate but the seller may have thought you were backing out. But with no e mails or written correspondence from either side, don’t know anybody can prove anything if you try to go to court.

Dud you write a check? Have they cashed it.?

Honestly, I’d pass on buying that horse at this point, just get the money back.

[trubandloki]

[QUOTE=jennycash;8156192]
Sorry! I don’t know how to make a post with multiple members quotes. [/QUOTE]
Down the lower right corner of every post there are three options; Reply, reply with quote and a little blob with a quote mark and a plus sign. That third option is the multiple quote function. Every post you want to quote pick that. When you hit the Post Reply button (upper left or lower left of the whole page of posts) all the posts that you have hit the multiple quote button for will appear in your reply box.

@findeight;8156226

Dud you write a check? Have they cashed it.?

The OP has said the deposit was cash.

[trubandloki]

@findeight;8156226

Dud you write a check? Have they cashed it.?

The OP has said the deposit was cash.

[Angela_Freda]

[QUOTE=roamingnome;8156209]

You never called the agent regarding pickup/payment, only vet records. I can see why he though you were backing out/having buyers remorse. You changed the ‘contingencies’ on your end, so you were ‘backing out’. He could have communicated better, but this isn’t 100% on the agent.[/QUOTE]

I may be wrong, but in addition to asking for the Vet records, I thought the call to the agent was to arrange shipping… OP was unable to get hold of agent… left message about these topics, which wasn’t returned for 5-7 days.

Vet records might be handy if the shipment of horse crosses state lines… proof of rabies, coggins, and even whatstheherpesonegoingaround? Vet’s won’t give those to just any caller, having agent/present owner get them to the buyer might facilitate shipment.

[RockinHorse]

[QUOTE=jennycash;8156162]
And thank goodness I didn’t give them full payment amount!!!

Never said it was the first time I asked about vet records. I asked if could get access to them yes, that was the first time asking for full copies. The horse is sound and a performance horse, having shots, injection, dental records didn’t seem like a huge deal. I received a “last year” answer when asking for dates. So I think anyone in the horse industry would want actual dates.

I don’t see how I can schedule shipping if no party will respond. My end of shipping arrangements were done, can’t move forward if I can’t get a hold of seller.

The deposit is over $1000.[/QUOTE]

Full copies of vet records could conceivably take more than a few days. The agent has to get hold of the owner and have them call the vet to release the records. If you are actually looking for real copies of info, it can take a vets office a while to pull all of that together since, in the absence of an emergency, that probably isn’t a high priority task for them. Based on that, I can understand why it would take an agent a while to get back to you.

[Ambitious_Kate]

Yeah, the vet copies could have complicated things, but there seemed to be a major chasm on the basic purchase issue on the whole mess. I wonder if the owner reamed the agent a new one for dropping the price or told him okay, if he can’t sell it for more this week. Or gave him additional $$ if he could squeeze a few more puppies out of someone else if he tried this week. Agent is anxious, not sure what to say to OP so agent says nothing, figuring either the horse will sell to someone else, or to her anyway. Mum’s the word on agent’s end, then, the horse doesn’t sell for anything higher, and by now he’s pissed off at the world and repeats what the owner said, if she can’t pay the asking price don’t play in the big pool, sweetie, something like that. But, hey, do you still want the horse? Heh, heh. Just in case he didn’t lose the deal.

OP says ehr - I don’t think so! Where’s my deposit, scumbag?
Scumbag - oh, you mean my fee?

The end.

[Alagirl]

[QUOTE=RockinHorse;8156255]
Full copies of vet records could conceivably take more than a few days. The agent has to get hold of the owner and have them call the vet to release the records. If you are actually looking for real copies of info, it can take a vets office a while to pull all of that together since, in the absence of an emergency, that probably isn’t a high priority task for them. Based on that, I can understand why it would take an agent a while to get back to you.[/QUOTE]

Not seeing where a reasonably organized office should need several days to get a file together.
It shouldn’t take but a few minutes to locate it, I give you some wiggle room if the file is hardcopy, not digital.

The problem is, you can always tell somebody, hey, it’s bee a few days. With my dumb phone, it will be a few minutes to compose.

The complete lack of communication, plus the horse being back on the market…looks like a parade on the Red Square!

[Angela_Freda]

[QUOTE=jennycash;8151608]
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?[/QUOTE]

[QUOTE=jennycash;8151707]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?[/QUOTE]

Rockinghorse I think it was the change in behavior re: Agents response to contact that started the OPs suspicions that something was amiss.

Yes records can take time to gather… but a quick e-mail/text/voicemail saying you’re on it isn’t too time consuming when you consider that the final payment is potentially hinging on that call.
I mean, this is a ‘profession’ right?

[roamingnome]

[QUOTE=Angela Freda;8156247]
I may be wrong, but in addition to asking for the Vet records, I thought the call to the agent was to arrange shipping… OP was unable to get hold of agent… left message about these topics, which wasn’t returned for 5-7 days.

Vet records might be handy if the shipment of horse crosses state lines… proof of rabies, coggins, and even whatstheherpesonegoingaround? Vet’s won’t give those to just any caller, having agent/present owner get them to the buyer might facilitate shipment.[/QUOTE]

You may be right, I read it as ‘I called for full vet records’ the next day, or as ‘I need the full vet records to go over before I can pay/get the horse here.’

Either way, you’d think that would have been put in with the receipt- something like sale contingent upon vetting.

Again, still not sure why vet records were necessary if OP wanted the horse no matter what, and didn’t want to do a PPE. Teeth/shots all need to be done annually/semi-annually, so I don’t see why specific dates are needed to make the decision of yes/no on horse purchase.

[Angela_Freda]

[QUOTE=jennycash;8151608]
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?[/QUOTE]

[QUOTE=jennycash;8151707]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?[/QUOTE]

[QUOTE=roamingnome;8156279]You may be right, I read it as ‘I called for full vet records’ the next day, or as ‘I need the full vet records to go over before I can pay/get the horse here.’

Either way, you’d think that would have been put in with the receipt- something like sale contingent upon vetting.

Again, still not sure why vet records were necessary if OP wanted the horse no matter what, and didn’t want to do a PPE. Teeth/shots all need to be done annually/semi-annually, so I don’t see why specific dates are needed to make the decision of yes/no on horse purchase.[/QUOTE]

I never got the impression from the OP posts that that was the case, that she needed the Vet records to decide yes/no… just that the hesitation to provide them, and the lack of prompt [when previous contact was promptly responded to] response was the first red flag she noticed.

Then she saw the ad the day after she called for records- red flag #2
And then Agent didn’t return call for days and days… -red flags #3, 4,…

[Jealoushe]

Are you really saying if you paid over $1k deposit on a horse then didn’t hear back from anyone for over 5 days you wouldn’t be concerned? Don’t buy it.

Hope you get your money back OP.

[Ambitious_Kate]

Besides, that wasn’t everything. She was also asking him how to pay the remainder of the bill and when to arrange shipping for, even though I think that’s a little squirrellly - its your horse, arrange the shipping and let the former owner know when the truck is supposed to be there. You can’t tell a shipper to be there at a certain time and day, much, can you?

So call and find out how to pay remainder but then here I go again, why wasn’t that discussed as you are handing over the cash deposit? Don’t you get very very clear about how the remainder is to be paid then? Like okay, here’s XX amount the rest to paid to you by check, overnight express mail, and okay here’s your address, excellent. I’ll set up shipping for next Friday. Good Day!!

Not really aloto of questions at that point. So I still think there’s something else we haven’t been told about this deal. Don’t know it all yet.

[gumtree]

OP, did you meet the actual owner? If so or not, do you have the owners name and contact information?

I’ll get back later on what I think your options are.

I agree with others. ANY vet worth writing a check to in this day and age can pull up a horse’s complete records in a mater of minutes if not seconds. My wife can do this with her Ipad from work.

Any horse shipping across states lines should have a health cert. A vet shouldn’t give one without current Coggins and vac records.

I don’t allow any horse to ship into my farm without a health cert and paper work. In state or out. Only very close friends who I have a lot of respect for.

[Ambitious_Kate]

Yabbut, gumtree, those friends you have respect for would all have up to date vacs records and a coggins, wouldn’t they. 'sWhy you respect them and all.

[Kwill]

I still don’t see how the seller, whoever it is, can possibly think they can keep that amount of money. That’s way more than a deposit.

[Snowflake]

I’ve asked for vet records to have a full and complete history on the horse I’m buying and know what I have to do when I get home. Is it overdue for shots? Does it need a dentistry? I don’t think it’s unreasonable to ask those questions and have proof. If it were me, I’d be driving back there and raising a stink until he either loaded the horse on my trailer or put the cash back in my hand.

[gumtree]

[QUOTE=clanter;8153364]
I am a little confused with who is where but if the owner lives elsewhere such as across a state line and your original contact was for more than $5,000 and was from across a state line …this is Federal not state as it falls into Interstate Commerce…which is a new ball game[/QUOTE]

I think if you do a little research you will this is not true.

The buyer did not buy “sight unseen” nor was payment made by mail, Paypal, or wire transfer from one state to another.

The buyer traveled to where the horse is located. The “deal/purchase” was consummated in person in the state the horse is located. Along with the exchanging of money/payment and paper work.

[Ambitious_Kate]

I think at this point I would do the same thing. I drove there once, I can do it again. With a trailer, if I could. Poor OP. I do feel for you on this one.

[Marshfield]

[QUOTE=Ambitious Kate;8156195]
I see since you negotiated the price down the agent is not regretting the price and blaming you for “not affording” the horse! Probably seller reamed him out for the lowered price. Yeah, not kosher. the whole thing is prettttty shady. Hope you can take him to court get money back[/QUOTE]

Then, I’d say the burden is on the agent to reduce his commission so that the seller gets her agreed upon amount.

I read the request for vet records not as looking for a ppe exam or a way to weasel out of the sale but merely as housekeeping. Making sure that there’s a valid Coggins for travel and knowing when vaccines are due.

[Marshfield]

@Ambitious Kate;8156293

Besides, that wasn’t everything. She was also asking him how to pay the remainder of the bill and when to arrange shipping for, even though I think that’s a little squirrellly - its your horse, arrange the shipping and let the former owner know when the truck is supposed to be there. You can’t tell a shipper to be there at a certain time and day, much, can you?

I think the OP was planning to pick up the horse herself (she mentioned not bringing the trailer for the test ride) but was supposed to get registration papers and final bill of sale from agent at time of pickup, so she needed to coordinate meeting with the agent when picking up the horse