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Selling a horse- breach of contract?

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  • #1

    Selling a horse- breach of contract?

    Hi all,
    I am looking for some legal advise. It's a bit of a long story...
    I am in the process of selling one of my horses and have run into a difficult buyer. Initially buyer was very communicative, contacted me via e-mail and we chatted back and forth for about a week with questions, etc. As always, I offered my phone number to chat but buyer has young children and I assumed that it was simply easier to e-mail. I also have young kids and find it MUCH easier to fire off an e-mail than have a phone conversation so I didn't think it was a big deal. Horse passed a prepurchase exam and it came time for the nitty gritty. Buyer claims to be super excited, showing video of horse to everyone, etc. She wants to send out a deposit ASAP...then discloses that she needs to sell another horse and wants keep my horse here and pay board until the other horse can be sold. I'm not really happy that it took so long for her to tell me this but I agree as it sounds like a great home and she thinks it shouldn't be long before she has the money. I have sold a few others on payments so no big deal. Again, we are still e-mailing back and forth, usually each responding within a day or so. I ask for contact information to put together the sales contract and buyer does completely dark. After about 4 days go by with no communication, I e-mail over a rough copy of the sales contract for her to look over (obviously with none of her contact information) as well as an invoice via PayPal as buyer requested to pay deposit via PayPal. Still nothing from buyer for another 3 days then I get a short "looks good will sign, scan and email back" response. I email back for her to please put in her contact information and again several days go by with no response. The date of execution on the contract and on the PayPal invoice comes and goes and nothing. Meanwhile I have another buyer ready to take the horse. I send yet another email asking if she is ready to sign contract and send deposit as I have another buyer for the horse. Not trying to be pushy but I'm starting to feel like I'm getting a bit of a run around from buyer. Buyer says she will sign contract and pay deposit tomorrow. Well the next day I got the signed contract (with only city and state listed for contact information) attached to an e-mail that said "signing into PayPal to send deposit right now" but 2 days later the deposit STILL has not been paid. PayPal is supposed to be an almost instant transfer. I really try to give people the benefit of the doubt but I'm really starting to feel like this person is jerking me around and I have a VERY bad feeling that if getting the deposit is this difficult, how will I ever get board out of her not to mention the rest on my money?!? I can easily keep the horse here for several months but I do need him gone before my foals begin arriving in March.

    So long story short...my contract says that the deposit of xx% (which buyer agreed to) is due at the time the sales contract is executed. The sales contract was signed by buyer and signed by myself but buyer has not sent deposit. Since the deposit has still not been received, does this mean she is in breach of contract? I do plan to give her a few more days before I get too upset, in case something happened or there is a good reason why she has not sent deposit, but I just have a BAD feeling that this is not going to go well.
    Tags: None
  • #2
    As no money has been passed and buyer has missed the deadline on contract, it is now null & void.

    I would move on to person who is ready to pay you now and cut this original 'buyer' out.
    Friend of bar.ka!
    Originally posted by MHM
    GM quote of the day, regarding the correct way to do things:
    "There's correct, and then there's correct. If you're almost correct, that means you're wrong."

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    • #3
      Originally posted by RxCate View Post
      As no money has been passed and buyer has missed the deadline on contract, it is now null & void.

      I would move on to person who is ready to pay you now and cut this original 'buyer' out.
      This. Cut her loose. And (imho) be very very cautious taking payments on anything.

      Comment

      • #4
        Run, and run fast.
        Chasing the Sun

        Comment

        • #5
          Forget about it. You got had by somebody playing games. Suing would be hard with no contact information or even verified ID.
          When opportunity knocks it's wearing overalls and looks like work.

          The horse world. Two people. Three opinions.

          Comment

          • #6
            I agree with everyone else. Cut her off and move on. Notify her that the contract is null and void due to lack of timely payment. If she tries to pay you a deposit now, send it right back. This is not the type of person you want to be doing business with.
            "Is it ignorance or apathy? Hey, I don't know and I don't care." ~Jimmy Buffett

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            • #7
              Be careful with people paying byour PayPal. If they dispute PayPal refunds their money. I would say straight into your bank account only. That is just as easy to do online.
              It is better to ride 5 minutes a day than it is to ride 35 minutes on a Sunday.

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              • #8
                Paragraphs.
                "Random capitAlization really Makes my day." -- AndNirina

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                • #9
                  Good job for having "done it right" with a clearly worded contract in hand.
                  She may try to suck you into a debate, don't take the bait.
                  "This matter is now closed." is a succinct phrase you can use to shut the proverbial door.

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                  • #10
                    move along! Nothing worse than losing out on a legit buyer while playing games with someone who has no intentions!
                    “Working horses is a little like being married. Sometimes you need to adjust and change your plan.”

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                    • #11
                      Go with your gut. It's why you were wise to give a Deadline for Contract & Deposit Paid.

                      Cash talks....
                      <>< Sorrow Looks Back. Worry Looks Around. Faith Looks Up! -- Being negative only makes a difficult journey more difficult. You may be given a cactus, but you don't have to sit on it.

                      Comment

                      • #12
                        Originally posted by Incognito View Post
                        I'm really starting to feel like this person is jerking me around and I have a VERY bad feeling that if getting the deposit is this difficult, how will I ever get board out of her not to mention the rest on my money?!?
                        This. Return any money she gives you. Once you accept the deposit, you're suddenly in a really tricky situation around ownership, board and getting the rest of your money.

                        I'd also keep sticking strictly to email so you have a paper trail to go by. Explicitly state that the contract is null and void as the deposit wasn't paid by X date, and you are no longer accepting payment for this horse.
                        "I'd rather have a horse. A horse is at least human, for god's sake." - J.D. Salinger

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                        • #13
                          Yes, cut her loose. Out of curiosity, did the vet get paid for the PPE?
                          www.settlementfarm.us

                          Comment

                          • #14
                            Definitely cut her loose. Always put time limits on every phase of horse selling so a buyer can't string you along indefinitely. If a buyer wants to buy a horse, they will, don't waste you time holding a buyer's hand. If they need that they probably aren't serious.

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                            • #15
                              Make sure you note in your email that since deposit wasn't paid by X day and according to the terms of your contract, she has broken it and its now null and void. Did you sign the contract before you sent to her - i couldn't tell from your email but if you haven't signed it - then it's not a fully executed copy anyway.

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                              • #16
                                FWIW, I always do a contract and deposit BEFORE the PPE. The deposit is simply to hold the horse for that buyer pending the PPE. I'm not going to bother taking time off from work to haul the horse to the vet for three hours while they PPE/xray if the person isn't buying it for sure.

                                I agree with everyone else.
                                DIY Journey of Remodeling the Farmette: http://weownblackacre.blogspot.com/

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                                • #17
                                  Will first off if she didn't fill in her info on the contact it would not be complete so it would be null and void.

                                  I would send her a email that since you did not receive a fully completed contract and deposit that you are now done doing business with her. Wish her luck and move on.
                                  My life motto now is "You can't fix stupid!"

                                  Are you going to cowboy up, or lie there and bleed

                                  Comment

                                  • Original Poster
                                    #18
                                    Thanks everyone! Yes, my gut is definitely telling me to cut ties and run...my only question is, can I? We have both signed a sales contract and even though the contract says the deposit is due at the time the contract is executed I don't want her to get mad and sue me!

                                    Comment

                                    • #19
                                      No money, no sale. She has already violated the terms of the contract by failing to provide a deposit at the time the contract was executed (that said, I would not hold a horse for more than a few days without a deposit in hand). Move on to the next buyer and notify this whack job that since the deposit was not remitted at the time the contract was executed, that the sales contract is null and void and you must move on to other potential buyers. It sounds like she has had more than ample opportunity to pony up a deposit. I would not wait in her to sell her horse....going into winter, the market is slowing so no guarantees there.

                                      I once had a young lady who tried a horse I had for sale, and they were a great match. IIRC she came and rode him twice. Planned to do a PPE but was leaving on a two week cruise shortly. Told her I would be happy to hold the horse for her with a deposit. I expected it arrive in the mail within a few days (buyer lived a few hours away) but nothing, and in the meantime I continued to field inquiries about the horse. I called her several times but obviously she had already left on her cruise. I couldn't hold the horse for two weeks with no deposit when I had other interested buyers waiting in the wings, so I showed the horse to the next person in line and she bought him. A week later the lady returned from her trip and was upset that the horse was gone, but I couldn't afford to pass up a sale (the rider who bought the horse was also a very good match). I feel that if someone is not serious about sending a deposit (and sending it asap!), then they are not serious about buying the horse. Think of it like earnest money when buying a house.

                                      Time to move on!

                                      Comment

                                      • #20
                                        If she can't come up with the money to buy the horse now, it's likely she doesn't have the money to hire an attorney.

                                        Just go ahead and sell the horse to someone else who meets your criteria and who has cash in hand. Let the original "buyer" know that since she did not provide the deposit with the contract, that you are cancelling the sale.

                                        In my opinion, no one should go through a PPE on a horse they want if they can't actually buy the horse until they sell their current horse. They should sell the one they currently own before trying to go through with another purchase.

                                        People who go through a PPE should be prepared to pay at that time. When I scheduled the PPE for my current horse, I first asked the seller if they would like a deposit and a signed contract. They said they were ok with me just doing the PPE, getting the results, and then letting them know afterwards. The PPE was successful so I made arrangements with my bank that day to wire the money.

                                        when people start dinking around, that's usually a sign that you should write them off.

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