legal question about a puppy deposit!?

Question

Hi im very curious and would love to hear your opinions. this is how it goes: I got a deposit on a male (shar-pei) puppy after i explained everything about the pei's i asked if she had done her research on the breed and ask if she was sure this was the breed for her. she said yes and payed me a deposit to hold the puppy for her. he was the only male in the litter so i had a lot of people wanting him that i had to turn away. anyways all the puppies went in for there check up on the eyes and 3 pups needed eye tacking one of the pups was the male. after we brought them home i emailed everyone to let them know how the vet appointment went. everything was fine other than the eye tacking . 5days later she emailed me and siad she was going to collegde soon so was having second thoughts about the puppy. then a day after that i recieved another email saying she wants her deposit back cause thepuppy is unhealthy cause his eye tacking.. should she get her deposit back? the puppy is healthy.

the vet has given the puppy clean bill of health, he had eye tacking that doesnt make him unhealthy in anyway. she says she wants to deposit I said no. cause there is nothing wrong with him, and now i have to re-advertise this little guy. she says she is going to sue me. but i dont think i have done anything wrong. even in my ads it says non-refundable deposit. a deposit is too insure the puppy has a home. im mad cause this woman should have done alot more research on this breed. and i told her several times the pups will have to get there eyes checked when the open them and see if they need eye tacking. cause its a common thing in this breed.. this is our first litter that has had 3pups needing eye tacking. oneof our other litters only one pup and our other litters none. but this is normal for the sharpei cause of there wrinkles growing faster than there skulls and causing there eye lashes to curl in which is usually corrected with eye tacking.

I just want everyone to know i did ask alot of questions etc she said nothing about collegde which i belive is a lie in the first place.. she said collegde first then a few days later changed her story and said she didnt want a sick puppy. which he isnt. and also she wont be getting this puppy or any of my puppies and im not forcing her into wanting him,, she does not want him and wouldnt get him now no matter what.

also note: eye tacking isnt always permenmant but thats the chance you take with owning a shar-pei. shar-pei that are tack free can have entropian show up years later, and then tacking doesnt mean they will ever have entropian as a adult it goes both ways.

in all my ads it says non-refundable deposit. and yes i have explained that to each customer even though they read it in my ad. we do have a contract but i usually dont have people sign it till the day of pic up. although i do send them a copy through email. yes id like to be known as a good breeder but at the same time i dont want to be taken advantage of either.

Answer 1

To be honest and im sure alot of people wont agree with me but i would not refund any money to this woman. a deposit is a payment given as a guarantee that an obligation will be met , she is backing down from her obligation. if there is nothing wrong with the pup other than eye tacking then the deposit does not have to be returned. if you look at any shar-pei web site it states all about eye tacking and entropian so she didnt go into this blind. i find it strange that she just remembered she is going to college. it sounds like a lame excuse. i think she thought the puppy was cute and wanted him and then realized that he has to be cared for properly because of the peticular breed and then reality kicked in.
even a verbal aggrement means alot in the eyes of the law. It will not make you look bad . this is how a non-refundable deposit works. if there was a real reason to refund her $ if there was something wrong with the pup etc then i would but because she is making up reasons i wouldnt do it!!

Answer 2

No I dont think she should. Here's what I did after getting only one client who did this to me. I sat down and wrote out a deposit contract. I gave each client 5 working days to change their minds about a particular pup then had it in writing that if they changed their mind after the 5 day grace period the deposit was non refundable. It may seem extreme but you have to protect your self also these days. If you still have the names of the people who were interested in this beautiful pup then give them a call and see if they are still interested.
times have changed and it is no long the persons word or a hand shake to bind an agreement. Sad but true. Plus you thought this pups was sold and have been caring for it until pick up now if may be with you longer and that also cost money. Just a thought for you but this is what I had to do.
For this situation e-mail her back and tell her that you will be willing to refund 1/2 of her deposit. The other 1/2 has already gone to the care of her pup.
NOTE: Basset does have a valid point. You can't make this person buy this pup and personally I wouldn't feel comfortable selling it to her now either. The decision is yours but I'd get her out of my life as quickly as possible also.

Answer 3

I'd do the same thing. When someone who wants to buy a pup from me talks about breeding their dog, a red flag immediately goes up. I KNOW that people will afterwards lie and say they won't, just to get the pup, I see it all the time. I've already turned away two potential buyers for my current litter because they wanted to breed their pups. And ALL my pet pups are sold with a spay/neuter contract. I don't transfer the ownership until I get the certificate from the vet that it has been done. Congratulations, you have found a breeder that cares more about the welfare of her puppies than about the money she gets from them. This is a good breeder. EDIT: Asking doesn't automatically make you a "bad person". Most of the time asking the question IS perfectly innocent, and the person will discard the idea once the breeder explains that it is not allowed and why. However, there are people who will pretend to agree, lie to the breeder in order to get the pup, and the go ahead and breed it anyways. This is why good breeders are extremely cautious about anyone who expresses an interest in breeding without demonstrating that they understand that there is a proper way to do things and that they are willing to do it correctly.

Answer 4

She didn't know she was going off to college before she made the decision to place a deposit on a pup? hmmm!

No, that deposit was to hold the pup for her, ensuring he had a home. I take it you have no written agreement or contract?

Generally, with a written agreement, the deposit is Non-refundable.

Considering she just doesn't want the dog, you might want to consider offering 50% of the deposit and explain to her why only 50%. Make sure you keep your ad that states NON-REFUNDABLE deposit. If she refuses, then I guess she's S.O.L. I agree, that leaves a pup you still have to place (after you've turned people away).

Answer 5

First, you should always have a contract which spells out exactly what happens with a deposit. You don't state in your description of the scenario whether you two discussed whether the deposit would be refundable or not and that is crucial. If you never discussed it then there was no agreement. Further, if you don't have proof that you discussed it even if she agreed that the deposit was non-refundable at that time, then it's your word against hers and you'll have to go to court.
Frankly, I would give the deposit back. First, I feel that what comes around goes around. Treat others as you would wish to be treated. Secondly, you should be working on building the reputation in the breeding world you wish to be known for. Personally I would prefer to be the person that either gets it down in writing so we both agree to what will happen or I will be the better person and refund the money because i know other people will want to buy from me and my reputation will be one of fairness and consideration to my customers. Further, if this puppy had lots of people interested I'm sure you can find another person that will take him easily.

Answer 6

I have breed beagles for about two years and had this same situation happen twice. You should take the puppy back, give her deposit and write it off as lesson learned. She will not give the puppy a loving home and that is the most important aspect. You can still sell the pup even though probably for a little less. You made money on the first two so I always feel the puppy's welfare is the most important factor.

Another way to go is to give her the numbers of people who called after they were all adopted and let her be the seller and deduct and expense you had with the pup (shots, vet visit) good luck!

Answer 7

First this depends on where you live and the laws.
as far as her reason is mainly she is going to college. That is not a reason for refund., however i would rather find a new home as if she is "forced" to take then it may end up in who knows what kind of home it will get. Yo may consider giving her back a partial refund telling her that now you have to pay to readvertise and additional shots so you can't refund the whole thing.
my sister has had this happen and sometimes the judge will ay she is due the refund and others say its stated no refund.
it's up to you I understand and it's a hard decission but without a refund what does your local laws say you have to wait before refunding befoer you can find it a new home and not be responsible.
It's a hard choice i say follow your heart. and consider teh pup.

Answer 8

I would give the deposit back, just because I don't want her to feel obligated to buy the puppy if she's having second thoughts. The complaint about eye tacking is just an excuse, but I'd never want to sell a pup to someone who didn't really want it. And if you're not willing to sell it to her then it's unethical to keep the deposit.

Edit: Like I said, she's not really concerned about the eye tacking, she just doesn't want the pup. Just give her the money and get her out of your life. It's not worth it, truly. Better to find the pup a home where it's wanted, if you force her to buy it she might turn around and sell it again to someone not suitable.

Answer 9

Well if your advertisements said Non-Refundable then that's what it is. You should do some research though to make sure that no paperwork is required to say something is non-refundable. But I think that if you clearly stated it's non-refundable then you shouldn't refund her money. Then re-advertise the pup to some of the other interested buyers and do the contract thing like the other answerer said.

Answer 10

I would just refund the money and be done.. But make note of who she was so in the future you will not have to deal with her. Get him to a loving home...