Is it rude to make an offer, then back out if you find something better? - Page 2 - The Horse Forum

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post #11 of 78 Old 06-25-2013, 02:33 AM Thread Starter
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I'm unfamiliar with US law but that won't stop me from saying you have made a verbal contract (or maybe it's in writing - I don't know) with the owner to buy the mare. There is a possibility that if you back out now and the owner has turned down other offers because you said you would take her there may be the potential for a lawsuit if he cannot get the same amount of money in a subsequently selling (or is it reselling?) of her.

I can definitely see how that would be a problem. I am not sure if the trainer who has the horse right now would be furious about it, because I tried to back out once when I realized her height, and the owner was persistent on wanting ME to be the owner and how she thought WE were a good match. I know she has other current offers on the mare, and a few people want the mare for their children because of her size and easy temper and she really is stunning.
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post #12 of 78 Old 06-25-2013, 02:35 AM
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Honestly, I think you're over thinking it. Many people will be a bit ticked, but will realize it's not something to start a riot over and you've said yourself that the trainer doesn't think they'll have a problem selling.

I would talk to her (or the middle man, but preferably the owner) soon and in person or over the phone, be apologetic and explain your situation. You want to try riding English, the mare just isn't the right match for you. You wont know if the situation is going to go sour until you're IN the situation, and more often than not it wont.

How much are the horses worth? I ask because unless they're worth a huge chunk of money people aren't going to be inclined to make a fuss about 'verbal contracts' as Chevaux has mentioned, lawsuits themselves cost a heck of a lot of money.
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post #13 of 78 Old 06-25-2013, 02:39 AM
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But ones word is priceless........

And I'm done
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post #14 of 78 Old 06-25-2013, 02:43 AM Thread Starter
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How much are the horses worth? I ask because unless they're worth a huge chunk of money people aren't going to be inclined to make a fuss about 'verbal contracts' as Chevaux has mentioned, lawsuits themselves cost a heck of a lot of money.
No worries, they aren't $30,000 show horses. They are $2,500. It's not a huge sum of money. The owner just wants to sell the mare so he can get a finished cutting horse and he needs the room.

I do see how it is rude, but my offer on the mare wasn't a huge difference in the first place. It was actually just a couple hundred cheaper so I could keep her at their place until next month... For the total equalling $2,500 AFTER boarding charges. So really it was more or less full asking price with free board for a month.

I know there are others out there looking at her. She won't have a problem selling at all. I just wanted other oppinions on backing out of an offer.
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post #15 of 78 Old 06-25-2013, 02:51 AM
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But ones word is priceless........

And I'm done
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It isn't as if OP is pulling off some great scam, she found a horse that is better suited to her needed before money changed hands it happens.

Honestly, OP, at $2500 the horses aren't worth enough money to cause any fuss of a lawsuit, ESPECIALLY considering there are other buyers for the mare. From your posts it sounds as if you were rushed into the sale in the first place, and for that alone I wouldn't feel too guilty about having second thoughts. As I said, talk to the owner as soon as possible and explain the situation to her. Apologize, wish her luck, but don't spend money on a horse that isn't right for you.
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post #16 of 78 Old 06-25-2013, 05:31 AM
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Quote:
Originally Posted by Chevaux View Post
I'm unfamiliar with US law but that won't stop me from saying you have made a verbal contract (or maybe it's in writing - I don't know) with the owner to buy the mare. There is a possibility that if you back out now and the owner has turned down other offers because you said you would take her there may be the potential for a lawsuit if he cannot get the same amount of money in a subsequently selling (or is it reselling?) of her.
If it was me I would not worry to much about the lawsuit unless it was a horse worth mega bucks. The cost of trying to recover what may or may not be a breach of contract would be on the high side and most likely outweigh several times over the value of the horse.

My blog foremyhorse.org you may enjoy the read. Its different.
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post #17 of 78 Old 06-25-2013, 05:34 AM Thread Starter
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Okay, thanks for the opinions. I was really stressing it, but I got some good advice from AlexisChristina and I am going to take it! I appreciate it guys!
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post #18 of 78 Old 06-25-2013, 05:40 AM
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But ones word is priceless........

And I'm done
Posted via Mobile Device
I do agree that ones word is priceless but how many stories do we hear of the wonder horse some one brought only to find it was great only because it was under nourished so lacked the energy to buck, or the horse that had been feed large amounts of magnesium to quieten it down, only to get it home and a couple of weeks later to find its a fire ball. Now will the seller give back the money and that is if one can find them again.

My word is my bond but I have been duped.

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post #19 of 78 Old 06-25-2013, 06:25 AM
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Go try the gelding one more time, make SURE he is the horse for you, and then let the seller know you have changed your mind. It happens ALL the time. Even with a deposit left-it happens. I personally would not come home with a horse I had doubts about in the first place. It is much better to purchase the right one than try to sell the wrong one. There won't be a lawsuit, I am sure is their is an agent involved, they are used to this kind of thing. As my dad used to say-it is not sold until the $$ is in your pocket and the taillights are going out of the driveway.

As far as the owner wanting YOU to own the horse-what a line. They probably would have said the same thing to about anyone, so I would not feel the least bit bad about that.

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post #20 of 78 Old 06-25-2013, 06:44 AM
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I guess I am not seeing the big deal in this situation? People backing out of sales happens all the time. Even happens the other way - buyer didn't put a deposit down so when someone came with cash in hand the seller sold to the guaranteed sale. Not the prettiest scenario, but it happens frequently. Even with high-sale dollar horses a verbal contract is most likely not going to stand up in court because a judge is going to point out if the seller was worried about possible lost sales then they should have gotten a deposit. Even then, if the deposit wasn't written out in the contract as "non-refundable" most people can even get that back if they wish to pursue it.

Personally from a sellers stand-point, I would not be surprised over a deal being backed out of if I did not at least have a deposit or signed contract in hand. Even then I wouldn't be totally shocked if they backed out (like franknbeans said above - if the money is not in hand and the horse on the trailer, then its not sold yet).

And if I really like the horse I'm trying to sell and the potential buyer tells me after some though that they really don't think this is the horse for them - then I would prefer them to back out rather than go through with the sale "just because it would be rude otherwise". If I need to place a horse for whatever reason I want him to go to a home that appreciates him and wants him for what he is rather than most likely end up being a re-sale.

I would re-try both horses and make my decision then and just nicely explain to the seller that you found a horse that more closely matches what you are looking for and that you are very sorry about having to back out of the sale. When it comes down to it - you will be the one paying the feed and care for this horse, why would you want to pay that for a horse you really don't want?

All I pay my psychiatrist is cost of feed and hay, and he'll listen to me any day!

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