question for breeders - Page 2

I personally wouldn't take a deposit till the pups are on the ground or at least after pregnancy is confirmed, precisely for this reason...seasons are not always predictable and breedings do not always take and desired sex of pups are not always available.

If taking a deposit  I personally would verbally reinforce the non refundable part primarily because it would make me feel better about telling them to go scratch if they tried to get it back.

This person SHOULD have at least checked with you to see if they could get the deposit back BEFORE getting another pup.  At that point I might have given back, even if "non-refundable" was in my contract.

But since they didn't ask and are now expecting it back, I dunno...it's rude.

I would not put a deposit on a litter that is not on the ground yet or better yet, not even conceived! Foolish! If that keeps me from getting a certain breeding then I will find another one. There are too many good breeders out there and too many great breedingcombos.

And I do not agree with the tendency of breeders to accept deposits at that point. Again, I consider that foolish. Partially for the reason of the OP dilemma.

Nothing wrong with starting a waitinglist and building a relationship with the client in the meantime. Also allows the breeder to back out if something does not seem right about a client without any kind of legal implications.

I think it's  your problem the female didn't come into heat. NOT his. You should give him his money back. He might spread the word that you were good to him and he would be willing to give you another customer.

It's not his fault, he's entitled to his deposit back.

On my last litter, I had taken deposits before they were born and ended up refunding some because I didn't have what they had placed their deposits on (not enough males to go around, in that case).  I only produce a litter every couple of years so it would not have been fair to ask them to wait for another breeding.

This time around, I took 'reservations' but not deposits...soooo much easier!  Once the pups were on the ground, those on the list were notified and, if they still wanted something that I had available, they sent their deposits then.  Keeping them up-to-date on the mating results, ultrasound/xray reading, etc. kept them interested in the litter while we waited for the whelping.

Too bad, OP, for the hassle this situation has caused you.  I would give the guy his money back if it were me, just to avoid the stress.

I agree with Arrakis.  I  would give him his money back.

While your contract states that the "deposit is non-reundable", is the deposit REALLY worth the risk of him bad-mouthing you all over the internet?   I would think NOT.

Also wanted to add, there is a BIG differnece in returning a deposit on a litter that isn't even CONCIEVED yet, and one where the puppies are already several weeks old.  It isn't like you are out any time or work.  You still have PLENTY of time to sell the potential pup to someone else. 

Yeh I'd give it back, like I said I wouldn't have taken one in the first place.  Plus as others have pointed out a couple hundred dollars isnt' worth the bad mouthing. 

and also what RacingQH said too.

My response is usually two fold on these issues:

1)  If the dog becomes unavailable through no fault of the buyer, then give them their deposit back.....If they just "decide" they don't want the dog, then no they can't have the deposit back.

2)  Sometimes, if they don't take the dog for a legit reason(IE, suddenly jobless, homeless, death in family, etc...) I tell them:  When I sell that dog, you will get your deposit back.

I do the same thing if someone "returns" a dog.  Only then, I charge them a board bill, and all medical(which will be deducted from the purchase price of the dog)

Weberhaus,
Hm. Overall, these people are right.
While yes, you took the $ without your girl bred; not exactly what I'd do, but ok-you did it. Your contract says nonrefundable deposit.
Technically, you legally do NOT owe this person back their money if they signed some sort of contract with you when the deposit was paid that says 'non-refundable'. If there's NOT something mutually signed, then I would proceed with caution if you're banking on what your website policy says-websites can be updated and changed to say whatever by the webmaster, so that may or may not stand up in a legal situation.

On the OTHER hand, this person can do this to you for the situation:
1. Smear your name/kennel on the internet on posts like this
2. File small claims against you to get their $ back because they didn't buy a pup from you after all, which will go not only on public record as you being a defendant sued, but also on your credit report-irregardless of who wins.
3. Write letter(s) of complaint to the AKC, USA, or wherever they think necessary to do damage to your reputation, depending on how much trouble they like to stir.

Ultimately, giving the $ back, even tho you say it's non-refundable, would be the cheaper way out in the long run for you. If you've got a good rep you've worked hard to keep good and clean, then it's not worth sacrificing for a few hundred bucks. Like already said, it's not like you can't line up buyers for pups when they DO finally get concieved & produced. This person you've dealt with isn't the ideal buyer and maybe you should be glad you're NOT selling one of your progeny to them. After all, who pays a deposit for a pup and then doesn't wait for it? If the research is done and the bloodlines is spectacular, you get in on the list for a higher pick and WAIT for it-not fret about whether or not the weather will be pleasant enough for housebreaking by the time you get the puppy. JMO.

Here's a question I wondered about that has never been asked....what happens if you take a deposit for a pup and you the owner of the litter determines you don't want to sell the pup to the buyer who placed a deposit?  Let's say for instance you find out something like they were acussed of neglect on a previous dog, abuse, kept their dogs chained and left outside in poor conditions....something like that.  You decide to give the deposit back to them and say sorry I'm not comfortable selling the pup to you or whatever you wanna say; can the potential buyer turn around and sue you or have some sort of recourse that you breeched the agreement?