Need some advise - Page 1

Hey All, I need some help as I feel i'm being ripped off. The middle of September I sent a deposit of $500.00 to a kennel in the US. For this I was to get pick male from the litter. November 04 the litter was born. I recived a email from the breeder there was a problem, the bitch had problems giving birth and all the males died, only 3 females survived. I was told I could have a female, I was really hoping for a male so I asked if she could return my money. They told me because the sex I was wanting was not there they would return my money. But I had to wait a few weeks. It is know December 20th and I still have not recived my money nor will they return my emails or phone messages. I guess what i'm asking you all is what would you do?? I don't live in the US I live in canada!!! Thanks, Darcy

Usually deposits are not refundable, so if the breeder is willing to accommodate your request rather than make you wait for another litter, you are lucky. Not everyone can come up with $500 at the drop of a hat, especially around the holidays. Since only three pups survived, the breeder may be scrambling, I think it would probably be in your best interest to be a bit more patient. If you have something in writing saying the deposit is refundable you should be OK, but I would give the breeder a little more time. I had a similar experience many years ago. I paid my importer for a male pup from a particular breeding in Germany, but only bitches were born. I too declined a female. I had to wait for my guy to find another litter of the right breeding and it took a few more months. I was never worried as my person is 100% reliable. I'm sure glad I had no problem waiting, the pup he found for me turned out to be my once-in-a-lifetime dog.

Thanks Sueincc. I would understand if she only had the one litter on the ground, but they have a few. I'm sure your person got back to you when you sent a email or phone message. I understand they are doing a good thing refunding my money but don't you think they should responed as to when or if there is a problem. I do have a email from them saying they will refund it. This kennel always got back to me on what ever question I had before the litter was born. Know nothing I find this a bit odd. Thanks,

This is where It gets uncomfortable. They are not returning e-mails or calls. You are not saying IF you have a contract, but quite often they are not worth the paper its written on. You should never be asked more than 20% of the purchase price as a deposit, nor should you need to or be required to sent it in until the pups are born and are healthy. I simply put clients on a wait list instead of being greedy and getting money in which I may have to return. Meantime those who can not wait are not my type of buyer. You however, were very patient and that should be noted. If they have a litter of equal pedigree value then it's pretty much clear that you ought to be offered a male pup from that, but it appears there isn't such a replacement offer either. To me, you've waited long enough and unless this breeder has something really special, you ought to have gotten your refund after the knowledge the male pups didn't make it which was way before Christmas. To breeders, don't breed unless you have money set aside for these situations. It's expensive to do it right.

How long has it been since they sent you the email saying they would refund the deposit? Did your original contract state the deposit was refundable? Was that the last email you received? I understand what Kershberger is saying, but am not sure how you think the OP should proceed. As to my person keeping contact, actually this was before everyone had computers and cell phones and at times he was very difficult to get in touch with being he was out of country quite often; however, I was dealing with someone I knew I could trust from the outset.

Have you tried to contact those who referred you or recommended the breeder to you? They may be able to tell you what's going on with the breeder or may even contact them for you.

Hey sueincc, They told me they would refund the money nov 5th. Nobody refured me to this kennel, it was a very well knowen sire. They have updated there site today so they are around. To me she is just not going to pay, I can't understand why they think this ok.

Sorry, I have run out of ideas. The last email you got was on 11/5 and it said "we will refund the money"? So, your contract stated the deposit was refundable too? I hope someone will have a suggestion of how this might be resolved in a way that would insure you getting your money back without angering the breeder. Unfortunately even if you were to win a judgement in small claims court, you would just get a judgement, not necessarily your money back. If the kennel is well known, maybe you can find others who have dealt with them that may be able to intercede on your behalf.