So bear with me, this is about a goat, not a horse.
I bought a doe to be a temporary companion for my doe while I searched for others of my preferred breed. I took both to be bred (both have been bred before).
Once I found the goats I really wanted (~1.5 months later), I put the companion up for sale. I made it clear that she was bred, but not preg checked. I sold the doe for what I purchased her for, + the stud fee at the beginning of January.
A few weeks after they bought the doe, she came back into heat. I got them in touch with the buck owner, and they took her back to be rebred.
Early February they thought that she may have come into heat again.
They emailed me today saying their vet did an ultrasound and confirmed that the doe was not pregnant. They are requesting a partial refund, and suggested the stud fee as an acceptable amount.
I feel stuck between a rock and a hard place. I don't think I owe them a refund when I advertised as bred, but not confirmed, and they additionally had the opportunity to take her back to be rebred. There are so many unknowns. Was she pregnant and aborted? Did she fail to catch at all?
On the other hand, as an extremely fledgling business, I would hate to leave a bad taste in someone's mouth and potentially tarnish future sales due to perceived poor business. On one side, the stud fee is not a huge amount, but on the other side, there is no such thing as profit right now. Every dime goes back into feed, and other expenses. There's no extra cash lying around.
What is the correct way to deal with this situation?
As a side note, i'm currently dealing with this myself. One of the does I purchased does not seem to be bred. If I weren't 3 hours away, i'd take her back to be rebred, but i'm not asking for a refund. I purchased her knowing she'd been in with the buck, but not confirmed pregnant. I'm upset that I won't have her kids, but I don't feel like the seller misrepresented her.
Personally, I think that's a pretty selfish and brazen thing they're trying. I don't really have any advice as I don't know the best move in this situation, but I think you should definitely NOT have to refund them anything.
I wish you luck!
"IT'S NOT THE MOUNTAIN WE CONQUER, BUT OURSELVES." SIR EDMUND HILLARYMember of the "Someone Special To Me Serves In The Military" Clique
Did you have to pay a stud fee when your doe was bred? If so, I do not think they are entitled to receive, nor are you obligated to refund the stud fee.
However, if you want to leave a "good taste", the answer may be to refund the stud fee.
For example, with Thoroughbred horse live cover breedings (to the best of my knowledge), a "live foal guaranteed" fee is due when the foal stands & nurses. However, if the in-foal mare is sold privately or at auction, the stud fee is due by the owner at time of sale, and the live foal guarantee is void. In those cases, however, the mare would be confirmed "in foal" at time of sale...
I also breed goats (we haven't actually had any kids lately as we lost my buck and we're still searching for just the right studly man) and I wouldn't be refunding a stud fee. You sold the doe as bred but not confirmed so it's all on them for not having her confirmed or trying to get her bred again.