Puppy Deposits - Page 1

Question everyone.  I received in good faith a $150.00 deposit for a puppy that will not be ready until 9/20.  Both myself and the Buyer signed a Puppy Deposit Contract stating "Should the Buyer for any reason decide not to purchase or pick up the puppy the for the full amount due, this deposit will be forfeited by the Buyer to the Breeder and the said puppy can be resold".  Both parties signed  and dated the form.  He now wants him deposit back and making threats to take me to Small Claims Court.  It is not worth the agravation, but then again it is the principal. I may just take $25.00 for gas, post office fees, and processing just to make my pont.  What does everyone think?  I am sure this has happened to some of you!

Blow him off and keep his money

It is up to every individual to do business in a manner they can live with. On the rare occasion that I breed, I always do so knowing I may have to keep the whole litter.  I bring these pups into this world. I feel responsible for them throughout their entire life.

I never accept a deposit.  Too many things in life may come up between the deposit and the time the pup is ready to leave. I will hold a pup under a no strings attached agreement. If someone wants the pup they asked for, thats fine. If they don't, that suits me just as well.

I don't offer a hip guarantee. I offer a lifetime money back guarantee. I will always buy back any pup I sell, throughout the dog's life. Only for the same price that I sold the pup for. I try to talk all potential buyers out of the pup.  I don't want any pup going to a home who isn't planning on keeping the dog for life.

With the contract you offered and buyer signed, you have every right to keep the deposit.  Only you know whether keeping the deposit will be worth it, in the end.

If I put a deposit on a pup and sign a forfeiture agreement/contract and later find out that I didn't do all my research, didn't like something about the lines, couldn't take the pup because I was moving, having a baby, changing jobs, had to fix my truck, the water heater went out, scratched my arse and found out butter was getting cheap or just wasn't interested anymore that doesn't mean that I get that deposit back.  Done.  Stupid Tax paid.

What I would expect is that the breeder make other arrangements for the pup and accept that deposit for his/her inconvenience as a result of my failure to live up to the terms of the contract I signed and those monies used to pay for care of that pup until one of the more suitable homes that the breeder may have turned down after accepting my deposit was found.

Not everyone thinks the way I do.  I think you should keep the monies and use them for the pup's care until a suitable home is found. 

My

I agree with all of you.  I know a judge and will ask his opinion and question if this Contract is legal.

Though you are in the right, I would consider my reputation first and foremost.  This guy can go out there for $150 bucks, which is next to nothing, & destroy your reputation.  You will be picking up the pieces for a lot longer than that measly amount of money...  Give him the measley money back , sent it certified to have proof, and post his name here so none of us will sell him a dog. 

I personally feel that deposits is the right way to get a puppy sold so that the buyer knows well in advance before hand but sometimes deposit makes things bitter.

In your senario and to make you feel like a good guy although you are not obliged because its in a contract, you can at your option refund half out of good will. Other half you can count as processing fees etc...

Kerschberger is your contact phone number still (505) 603-7362 as shown on your website?

I agree with JustLurkin, if you are not going to carryout your contract then why have it. A contract is put in place to protect not only the Buyer but the Seller as well. That is what is wrong with alot of these puppy buyers, they think that they can change their mind after they have signed a contract knowing full well they will lose their deposit; they rant  and rave and threaten law suits but most dont' follow thru after an attorney explains that this is all in writing and they agreed and signed a contract.  If the shoe was on the other foot and you as the seller did not fully honor your contract, your puppy buyer would take you to court, and that judge would rule in the puppy buyers favor, afterall that is what was agreed on by both parties in writing. If you are going to sell puppies and you can't adhere to your own contract again you need to not have a contract. I think that Puppy Buyers must be educated in the purchasing of puppies. They can't have it both ways, a breeder is not going to hold a puppy for someone, and possibly lose other serious buyers just to have someone change their mind, hence the deposit. It's just too darn bad if he changes his mind. Yes reputation plays a part in this, however not adhering to your contracts will also make you look just as bad. Stick to your guns....

I will say there are numerous good reasons a breeder might return a deposit (that decision is up to each individual breeder) but just changing your mind is not a good reason.

Debbie

His reason for not following through with the sale is that he now wants to wait until his other GSD dies before getting another.  The dog he has now is 8!!!  Far from the grave right.... He should have thought of that before he wasted my day off coming to my house, making me go to the bank to cash his check, etc.