Placing a Deposit for Animals..........

farmmaid · #1 10/08/13, 06:54 PM

Question: If someone places a deposit on an animal and agrees to pick it up and pay the balance by a certain date and does not.......can you keep the deposit and "resell" the animal?

Danaus29 · #2 10/08/13, 06:55 PM

Do you have the details of the sale in writing? (or email) If so and you can prove your side then the answer is most likely yes.

farmmaid · #3 10/08/13, 06:58 PM

Yes, we had a written contact, paid deposit and they were to pick up in three weeks. Did not get in touch with us by due date. Do I have to wait a certain number of days after "due date"?

Wolf mom · #4 10/08/13, 07:00 PM

I would contact the buyer and advise the contract date has passed giving a 24 hour notice stating the deposit was nonrefundable if the sale was not consumated within that time. You put that in the contract (sale), didn't you?

Remember - CYA!

Fire-Man · #5 10/08/13, 07:01 PM

Its according to the Judge!!

I would say if you had a verbal or written contract you would be good. But I feel you would have to have covered what you will do if they do not come by said date. Meaning You told them/was written That if they were not there by that date they would loose their deposit!

Pony · #6 10/08/13, 07:12 PM

To keep once hind end covered, a certified letter notifying them of the missed date (and giving 24 hours as Wolf Mom suggested) would probably be a good idea.

How many weeks has it been? Have they not even contacted you?

nostawmama · #7 10/08/13, 07:24 PM

When I accept deposits I clearly state that if the animal is not picked up by a specified date that the deposit and the animal is forfeit.

Wolfy-hound · #8 10/08/13, 09:11 PM

I've always stated in any ad or contract that ALL deposits are nonrefundable and in the case of a non-payment on or before the due date, the contract is null and the deposit is forfeited.

That's not to say I have no returned deposits to people in some cases, even though legally I was not obligated to do so. But I am covered if someone just decided to get buyer's remorse and back out after I've held the animal for XX amount of time.

Maura · #9 10/08/13, 10:05 PM

If you did not specify they would loose the deposit, then I would return their check and let it go. If you can't do that, then send them your check, minus 10%. In the future, have a written agreement stating that the deposit reserves such and such an animal, and if the animal is not picked up by (date) that half (or 10- 20%, depends on the cost of the beast and amount of deposit) of the deposit will be returned.

wr · #10 10/08/13, 10:43 PM

It is my understanding that unless your receipt or written purchase contract state that the purchaser is forfeiting their deposit, you are obligated to return the money.

If that little bit of business has been satisfied, I guess you could wait until moments after midnight and sell the animal to somebody else but I can assure you that you aren't going to do your reputation in the industry any favors if you don't at least make the effort to contact a buyer before going forward with another sale.

I've found that once in a while situations will arise where a sale becomes unworkable and that deposit is actually covers additional feed and advertising but as a rule, the solution can simply be found by making a phone call.

Grumpy old man · #11 10/09/13, 05:21 AM

Time to give them a call and work it out in 1 phone call maybe things for them have changed or they assumed a day or two wouldn't be a problem . if they miss the second pick up date and it drags out more than a week after that 1 call .I'm keeping the animal and the full deposit

hiddensprings · #12 10/09/13, 08:50 AM

I use a contact when folks put a deposit on an animal that states they will loose deposit if they do not pick up and pay balance by a specific date. I do send a cerified letter to them if they miss the date and give them 48 hours to contact me. I've only had one person loose their deposit.

Pony · #13 10/09/13, 07:00 PM

Hm. What happened to the oP?

farmmaid · #14 10/09/13, 07:37 PM

All turned out well. I will redo the contract for leaving a deposit....thanks to all.

Appalachia · #15 10/10/13, 05:26 AM

In the future make the contract clearly state that the deposit covers room and board for the animal until pickup and is non refundable.

tinknal · #16 10/10/13, 05:40 PM

I know this is resolved and in order, but speaking for me I would give them a month to get things in order and straighten things out (after all, life happens) and after that if it didn't get cleared up I'd keep the deposit and sell the critter. If some sudden economic disaster befell the purchasers I would also allow them to use the deposit on a future litter/hatch/farrowing/etc.