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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44909
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My daughter decided to sell her horse without my knowledge,

Customer Question

My daughter decided to sell her horse without my knowledge, and accepted a deposit for it from the buyer of £500, the agreed selling price being £1500. She cannot afford the upkeep of the horse hence the sale, but I am happy to buy the horse from her as I can afford its upkeep. My daughter and I have put a lot of effort and hard work into her, improving her ability and her fitness and I have become very fond of her. How do we stand with regard to my daughter having accepted the buyer's deposit and now deciding not to sell her.
Submitted: 3 months ago.
Category: Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 3 months ago.

How long ago did your daughter accept the deposit?

Customer: replied 3 months ago.
TUesday morning 16 Aug
Expert:  Ben Jones replied 3 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 3 months ago.

Many thanks for your patience. Generally, when a person places an order for something and pays a deposit they enter into a legally enforceable contract with the seller. It is implied that the seller has accepted the deposit as security and as proof that the buyer wants to proceed with the contract. So there would be a legally binding contract in place.

If she refuses to sell the horse and returns the deposit, the buyer can potentially pursue her for breach of contract. Whilst they cannot physically force her to sell the horse, they can seek compensation for any losses they have incurred as a result. For example, if they had to buy a horse of similar age, breed, fitness, etc elsewhere and had to pay a higher price than what she would have sold it for, it would be the difference in price.

Saying that, it is relatively rare for such matters to be taken to the courts. They may threaten anything they want but they can only get something out of her if they actually make a claim and win. So there is still a long process to go through. Even if they do and win, she would not be responsible for their legal costs as this will go in the small claims court where each party pays their own costs. So the risks are relatively low even if she is sued and the worst is she has to pay them some small compensation and only if they can show that they have actually suffered losses because of this.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 3 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 3 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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