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View Full Version : Do I have to refund a deposit made on a horse I am selling


melanie1564
Sep 29, 2009, 08:17 AM
I have a 4 month old filly that I'm selling. I had 2 people interested in her. The first lady that came to look at her decided she wanted her. I informed her that I would need a deposit to hold her. I asked her if she was sure because her deposit would be non-refundable. She stated she was and gave me $100.00 to hold the filly for her. The other lady had wanted her too so I had to inform her that the filly had been "sold". I also canceled all of my advertising on the filly. The day we had arranged for pick up, the lady never showed or called. Then that night she e-mailed me to say she had decided not to get the filly and wanted her deposit returned to her. I had to re-advertise the filly and she has not been sold as of yet.
The lady keeps e-mailing me wanting her money back and now is making threats to try and get me to return her money. I live in New York state. Do I have to refund her deposit?

JudyKayTee
Sep 29, 2009, 09:11 AM
I "assume" you have nothing in writing. I'd let her take you to Small Claims Court - and I doubt she will - and let a Judge decide.

The majority of deposits in NY are non-refundable UNLESS an agreement is made to the contrary.

Do you have a purchase agreement, any other paperwork?

melanie1564
Sep 29, 2009, 09:32 AM
I have a purchase agreement with the buyer's information,price, horse's information, date and amount of deposit, balance due, and date and amount of final payment. It is signed by both parties.

JudyKayTee
Sep 29, 2009, 09:37 AM
You're good to go! Tell her you aren't refunding her deposit. I wouldn't even get into details.

Block her emails and don't answer her calls - why upset yourself?

A deposit in NY is just that - money put down to hold the purchase. She's out of gas (so to speak)!

If she decides to go to Small Claims Court, you're still good - she'll lose.