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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.