Consumer Law, Warranties Handwritten horse contract

[reiner2]

I sold a horse using a handwritten contract; state is SD, the contract stated acceptance of a $250 nonrefundable deposit to hold the horse (not to sell to another until they could get the money to pay for the horse) The buyer of the horse did not have the money and would receive it in 45 days. The horse was sold as is, with the option of a vet check if they so desired. The horse was found to be slightly lame on one leg. The buyer did not want to buy the horse, I had waited for three weeks to get them to do an exam. It was orally agreed to do the exam ASAP. Board was also to start the day following agreement. The contract was handwritten and they want their (stated) non-refundable deposit returned. What, legally, am I obligated to do?

 

[dee_dub]

You ask that as if there's some other obligation you might have.

I'm not sure I understand the concept of "as is, with the option of a vet check if they so desired. The fact that you think they can back out of the contract because the vet check wasn't satisfactory means the sale was really not "as is", but was subject to a vet check. So they're entitled to back out of the agreement because they don't like the lame leg.

Your question is, now that they've backed out, do you get to keep the deposit? The answer is yes. Since you all agreed the deposit was non-refundable, you are under no legal obligation to refund it.