question for breeders - Page 1

I took a deposit on a breeding planed. female was due in heat last month she has not come in yet. I spook to the buyer 3 weeks ago and we talked about  how females some times are late and dont go right on Schedule. My last e-mail was 4 weeks ago as he stats. Our phone call 3 weeks ago he was happy and fine and all was in order.

Today i got a e-mail saying

Your last contact, listed below, is a day or two shy of a month old and still no report of a breeding.
I cannot deal with housebreaking a puppy any later in the fall season and since I do not want to be without a dog for a full year I picked up a pup from a friend of a long-time friend of mine in Illinois.

I am very sorry about this situation--dog not breeding, etc.

I would still like to visit your scutzhund Sunday afternoon.

Please return my deposit to:
 

I have contract filled out and signs by him that refunds are NON refunable.  I dont know what to do because this was the only e-mail i have gottten from him and i was keeping updated by sending him e-mails. But after an e-mail he would call me on the phone to talk because he said he did not like to use e-mail.

What would you do?

Man thats hard to read...   Why would you care what I would do or think, its your contract.  

I take it your the breeder and the buyer bought another dog and now wants the refund of the deposit???

And your contract states no refunds?  

You decide.

It is not  your fault he went out and bought another dog from someone else...that is why we tell people     your deposit is non refundable...because of just that reason....leaves you high and dry...when people want a pup and are sure they want a pup enough to make a deposit..that is a space you reserve for them...When you make a reservation on a trip, or a vacation place or a convention or a reservation on a place for you at a hotel...most of them do not return all of that deposit...you only get a portion of it returned ...it involves taking that spot out of order for that person ,book work,,special response like you did , keeping them updated and all that is time and effort  that is a part of that deposit....I would kindly remind him to read his contract,,,and his deposit is non refundable...and if he doesnt want his pup, then his deposit is null and void..

If he doesnt pic pup up by a certain date, which your contract should say in it...then the pup goes public for sale.

Plain and simple..he knew when he made the deposit the pups were not in the basket...I take a lot of deposits from referred customers who wait for a litter, They know if they back out...deposit is non refundable.

I agree rose, its a no brainer.    Still someone will bitch that they were treated unfairly..   PEOPLE! 

Night rose.

i would refund the deposit, but then that's just me.  i would also make a mental note never to do business with him again.  some people are just not worth putting up with for a piddly 300 (est) deposit.  he could do a lot of damage to your reputation.  i guess you will have to decide for yourself if it is worth it or not.

pjp

,  Ive been dealing with the public for 49 years and  you have to be either black or white in decisions,,,no place for gray matter.....

I'm with ziegenfarm; I'd return the deposit and actually probably not feel bad about it at all because that person obviously didn't deserve to have one of my pups in the first place.  The excuse he gave you sounds pretty lame, most likely a bunch of BS and he found something else either "better" or "cheaper" or both and used that lame excuse as a reason to weasle out of losing his deposit.  Considering the deposit was on a 'planned litter" and it wasn't actually on the ground (not saying it should matter taking into account he read and signed your Non refundable contract) BUT you still have plenty of time to find that pup a great family to go to. 

I think at this point it's your call.  Legally you can keep his money and say "good luck with that pup and thanks for the $300 or whatever deposit".  Morally you may want to say "this litter was worth waiting for and I'm sorry you didn't feel that it was and decided to buy something else, I hope it works out for you, here's your deposit back as I would not want my pup to go to anyone who felt they were "forced" to take him/her for fear of losing a couple hundred dollars, my dogs are worth more than that to me.  Your call and either way you have a right to approach the situation taking both choices into account.

A friend of mine who's been breeding dogs (not GSD's) told me some breeders treat their litters as a "business" and treat buyers as business clients, other's have a hard time being a "strictly business" type when it comes to their dogs, puppies; they get emotional and personal about things.  I myself even being a business woman have a hard time treating things like puppies as a "business".  I would rather feel very good about where the pup was sold to and going to live out it's life rather than put pressure on someone to follow through with a "commitment" only to find out later they turned around and sold the dog just to recoup a deposit they would have lost had they renigged on the deal.  Just my .02!

I think the deposit should go back to him.  If the deposit was given with the strict idea that the bitch would have been bred a month ago, mother nature has forced your hand.  If we promise something like specifically being able to take a pup home in 4 months, and suddenly that changes to 5 months we have voided the terms of the contract and now money is due back. 

I never take deposits before the litter is confirmed by ultra sound. I would give the deposit back

I don't take deposits until puppies are born. There are no definites in breeding. I'm surprised you took one without the dog even being bred, that alone was asking for trouble.

You have a right to keep to the deposit if your contract states it as non-refundable, but the nice thing to do would be give it back.