Hi all, I came across a position and wanted to ask your opinion.

A few months back I had put down a 600 dollar deposit on a pup. The pup wasnt even bred yet but the owner promised she would be breeding at the later part of this year. I loved the breeding of the two dogs, especially the father/sire.

I went to her website from time to time to see how things were going. the last time I had the suprise of my life, she had changed the sire without even notifying me. When i made contact with her in regards to this issue, she said the dog could not develop pups... She also said I had to go with the new sire. I told her i was not interested in the new sire. The new sire did not have what I was looking for to improve my line. She will not give me my deposit back.

So, my question is what would you do? I already told her I had an attorney.. and well, just not sure what to do. Any hindsight. Any advise is appreciated, thanks Robyne

without looking at the purchase agreement it's hard to tell if you can get your money back.

I had asked for us to sign an agreement prior to sending her the money and she said there was no need to until the pup was born. I thought this was ok and I never signed anything because of this but when reading over the agreement it was mainly on what she expected from me regarding breeding rights and the health guarantee of the pup.....

1) there was never anything in regards to deposit refunds

2) When it came to the agreement I just made sure that I could handle what was necessary for breeding rights

3) During our various emails between one another towards the end of this dispute.. she said she would give me my money back and then changed her mind within a few hours.

Not sure where any of this leaves me... but????

My opinion.. for what its worth is there is total misrepresentation here.

Try taking it to small claims court. She may not like her name dragged thu the courts. But if you never got anything in writting about a refund or even an agreement for you deposit, you may not have any recourse. But the e-mails may help in court to show that she had some intent on a refund at one point in time. Good luck.

Yes.. I have everything in writing along with the wire transfer i sent to her account, etc., etc., etc.

Im sort of thinking this is misrepresentation of her dogs. Perhaps this wouldnt be a problem with pets but this was a breeding purchase... so this makes all the world of difference. Why, as a breeder would I accept just any dog. And Im just getting started.... and she made the changes without even consenting with me.. I guess she just figured she would deal withit whenever i found out on my own.

I know I would have higher moral and ethic to run a business a whole lot different than this

So many scams out there... its all about buyer beware

If you have emails from her agreeing to refund the money, I don't see why you wouldn't win in small claims. Does she advertise anywhere that deposits are non-refundable? Even if she does, the emails will probably trump that, but I'm not a lawyer. You may not have signed a contract, but neither did she, so that can play both ways.

You put down a deposit on a specific breeding (ie product). She can't deliver on that "product". I would think that would be a pretty straight forward case in court.

You might let her know you intend to file in small claims, and remind her that you have the emails agreeing to refund your deposit. If that doesn't work, then your choices are to take the loss of the deposit, or take her to court. I wouldn't start naming names on the WWW though until you decide what to do, the courts tend to frown on that and it can backfire on you.

Thanks Kadi, great input...

1) No delivery on product agreed upon... Even on the last email she had said, ok I will go ahead and breed the dog with the dam along with the other sire.. and then do a DNA test to determine who was the stud dog... can you believe this... I have to LOL... out of being discouraged.

2) Prompting this on the internet could hurt my case... great info. I was planning on telling others to beware of this type of practise, along with names.. but wasnt in a hurry. Now, I will slow down the process even more. Im currently prepping material for the internet fraud department and will send them all the info... maybe I shouldnt do this just yet not sure..... I certainly don't want to hurt my chances of

1) getting my money back

2) encourage her to run business differently in a non direct approach.

Thanks.. all in all I didnt want to think I was the idiot one here.

Robyne

Please everyone be careful when buying a dog... wow its unbelievable the ugly practises out there. Now Im taking the next 8 months and learning how to do this correctly and more than likely will go out of the country, in person to make my next purchase. So much to learn.

 Quote: robynearrow

Even on the last email she had said, ok I will go ahead and breed the dog with the dam along with the other sire.. and then do a DNA test to determine who was the stud dog... can you believe this... I have to LOL... out of being discouraged.

Actually this might be the way for you to get the pup you wanted, assuming you have any interest in dealing with her at this point.

I have done a dual sired litter, and am considering doing another one in a few months. It's a good way to get "2 for the price of 1", "price" being the time off from training for the female, wear and tear on her body, etc. It does make the litter a lot more expensive with the DNA testing, registration fees, etc. But like I said, it might mean you get the pup you want. Since it sounds like you don't trust her though, I would want to see the DNA on all the adults involved, and the pup, and I'd probably seriously consider re-doing the DNA on any pup I got, and letting her know I planned to do that, just to make sure there wasn't any funny business.