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Western Rider (admin)

by Western Rider on 21 August 2019 - 00:08

Reposted as it would not show up 

by Titanspride on 20 August 2019 - 23:08 (userip: 104.157.121.140)

SPEND YOUR MONEY ELSEWHERE!!! I was totally taken advantage off by April. And now I am out $1500 CAD. I will start off by saying I own a few DDR German Shepards, and have delt with many German shepherd breeders.. As I also am one myself, April should be ashamed of herself and how she chooses to run her business...
I have nothing but a bad experience with Vom Berk Haus and would warn anyone who is considering purchasing from April, the owner. She appears to be a con artist.
I sent a deposit of $1000 in February 2019 for a litter from Qvido and Errra Marcona. During the wait for the litter, found Erra for sale... questioned April and shocked she didnt inform the 4 people that put deposits down.
She then moved the date back 6 months, found that on her website... no communication. I reached out to ask her why the date has moved? She then responds with Erra went into a Short heat, as to why the date has changed. While insisting I can transfer to another pup available, none I liked, so I decided to keep my spot with Erra. Then emails to say likely wont happen, and to pick from her other breedings as no refund will be allocated.
I inquire, she finally admits Erra is sold... and with a to bad so sad attitude, states no refund and I have a year to pick something else before I lose my deposit... which will be in about 4 months....
Con artist, she clearly spent the deposits and has no shame... i have seen other negative reviews now on her, red flags everywhere. My deposit is gone, same with the other 3 people and she could care less. I sadly didn’t see that this exact same thing happened to another lady on a review before me. BUYER BEWARE!! STAY AWAY FROM APRIL BERK AND VOM BERK HAUS GS.

 

TIG

by TIG on 21 August 2019 - 01:08

OP  Have you thought about going to small claims court. I doubt a judge would uphold her right to keep deposit as basically she took money under false pretenses ie theft since it seems she had no intention of completing the breeding. Even if her contract with you said no refund it moves onto another litter she would have voided that by not even making the breeding contracted for.

I would check the laws in her state for theft by deception or false pretenses. Good chance it's  a crime as well as a tort (civil offense). If so maybe the threat to go after her criminally will get your money back.

See other scam posting re Amberg for other ideas like combining small claims w a tro to prevent puppy sales until you get your money.

TIG

by TIG on 21 August 2019 - 02:08

See 301 and 318 and possibly 317

https://leg.mt.gov/bills/mca/title_0450/chapter_0060/part_0030/sections_index.html

That being said please please enlighten me.

Why would anyone in their right mind 1. Accept such onerous terms and 2. more importantly be willingly hijacked out of outrageous sums of money FOR PUPPIES!!! $2500 $3500 $5000 !!*@# INSANITY

You are buying puppy breath for pete's sake nothing more. Their dogs are by no means unique or scarce. Qvido has at least 182 pups over 20 months of age  (of wh only 10% have achieved any kind of title) plus a boatload more younger than 20 months. General economic rule market flooded price declines not goes up plus he's a young dog with lots of breeding time left.

Sorry I don't  get it. You sounded like you should know better.

TIG

by TIG on 21 August 2019 - 04:08

See also

https://dojmt.gov/consumer/consumer-complaints/

Several grounds including bait and switch


by Rik on 21 August 2019 - 10:08

Titan, if you have not done so, you should at the least provide your evidence to the admin here so they can prevent this person from advertising on this site.

Good luck and it is no help, but I can say from personal experience you are not the first to put trust in the wrong type people.

by jcturf311 on 21 August 2019 - 18:08

Im sure there are two sides to this story... I have two dogs from Vom Berk Haus and picked them up in person, April was great to work with and know she is not scamming people.

by hexe on 23 August 2019 - 05:08

jcturf311, seems pretty simple to me--

--deposit is placed for a puppy out of specific bitch, sired by specific male.
--person who accepted deposit proceeds to sell specified bitch, and thus will no longer be in any position to fulfill the obligation to deliver a puppy from specified bitch by specified male, so that person no longer has any entitlement to the deposit money.

Doesn't matter if the person who received the deposit had some disaster befall them, if they needed to pay their electric bill, if the specified bitch lost the litter or didn't take, or if the specified bitch dropped dead, was stolen or otherwise was no longer in the hands of the recipient of the deposit: the money was for a specific item, and since legally, the contract can't be completed, and the money needs to be refunded. Immediately.

Really no 'other side' to the situation.

by Blksableworkingdogs on 29 August 2019 - 23:08

WOW WOW WOW is all I can say, Oh my goodness.... I came soooooo close to putting a deposit down on this very litter, I would have lost my mind if this would have happened to me, 1st off Im EXTREMELY glad I passed and didn't move forward with placing the deposit, but honestly Im sort of bummed and disappointed that she is doing this sort of thing, Ive talked with her a few times and she seemed nice, but it won't be the 1st time I was wrong about someone in the dog business. Titanpride I encourage you to do what ever it takes to get your deposit back, I agree with the previous post, you paid deposit for a "specific" breeding, and were promised a pup from THAT breeding, this is a no brainer, she needs to refund the deposit.

Oh yea.... to those who say "well I have delt with them before and very thing went fine" ...... think about this..... anytime someone is running a scam they always have to have "some" happy customers,,, heck Bernie Madoff had some people he used as examples who he made money for,,, but he then stole BILLIONS from thousands of other people... now he's in jail.

Im tempted to expose another breeder who does this very same exact thing with the same exact tactics and excuses that I heard here... and they do it on a regular basis..... but for now Im going to hold my tongue.... I believe God will deal with these people sooner or later.

TIG

by TIG on 30 August 2019 - 06:08

JC $2500 - $5000!!!! for puppy breath, commonly available pedigrees - at a minimum it's taking extreme advantage of the uneducated.

In my book it's outrageous and unethical.

More importantly it's combined with what is called in the law an unconscionable contract.

"An unconscionable contract is one that is so one-sided that it is unfair to one party and therefore unenforceable under law. It is a type of contract that leaves one party with no real, meaningful choice, usually due to major differences in bargaining power between the parties"

Highlighting is mine.


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