Deposit Refunds - Page 1

I know this has been discussed before But I want opinions on my particular situation.

I accepted a deposit which was explained by phone conversation that it was a non refundable deposit and in the event the litter did not produce what was wanted, the deposit would be applied to the another litter.  But under no circumstance had I ever refunded money nor would I refund his deposit either. The deposit would be transferred to another litter until buyer got what they wanted. Before the litter was born the buyer changed their mind about what sex they wanted. I agreed to that... Well of course the original litter did not produce the sex that was wanted.  I had mention another breeding and it was agreed by the buyer he would want for that litter.  By the time the breeding was to take place that particular male was not available but the prospective buyer had no problem with the new male that was going to sire the litter.....Deposit transferred to this litter.

In the meantime, I had mention other options and puppies from other litters I had access to that the buyer may want to consider.   No more money other than the balance owed was going to be needed. These other litters were not mine, but one was sired by the same male as the original litter. He showed no interested and decline. He inquired about possibly applying the deposit to a stud fee to get his bitch bred. That would have been possible with an outside male I had access to, but not to the males I had in my own kennel as we do not breed our males to outside girls we do not have direct contact with.  He even asked where the male was located, what was the pedigree, stud fee and said he would pay the balance at the time of breeding. He later changed his mind.  Ok, so back to waiting on the puppies.

 I received from the prospective buyer, an email stating that he knew the deposit was non refundable but would I please consider it. I explained once again, by email that was not possible. He understood.  He stated he would just wait on the litter.

The second litter was born, and it was not whelp in our home. The female was with her co-owner.  The sex he wanted was available but not the color. He was notified by email that there were only solid black males.  Buyer said it was just his luck,but he would wait and see what would possibly come along.  Couple days later the co-owner called me and said there was possibly a bi-color male.  I was to go look at the puppies this week and if there is definitely a bi-color or blk/tan male, I was going to inform the buyer and make it available to him....Before I could look at the litter, because I work, I received a certified letter from the buyer and he is demanding his deposit back because we never signed an agreement and he now claims I am stealing his money.  He also claims he has filed a report with the county and he has spoken to an attorney. He claims the attorney told him send a certified letter giving me 5 days to return his deposit...We do not have a signed agreement, it was explained in details by phone conversation, but he has acknowledged he knew it was a non refundable deposit in emails.  Apparently he has not informed his attorney he acknowledged the fact it was non refundable.

I have talked to several other breeders and seems this person has made his rounds.  This is not the first time the buyer has pulled this type of behavior.  So it seems I am not the first to be in this situation with him.  He has threaten others the same way.

Ok, whats your opinion?

you said, "I accepted a deposit which was explained by phone conversation that it was a non refundable deposit  "

verbal might not hold up in your State,  you might need to see a lawyer?

If you sell more then 600.00?  or sell so many dogs per year? in dog sales per year you must follow USDA rules, then you have to go according to the laws set by your State for dog breeders ??

 

Oregon Consolidated Dog Statutes
    look up this web site & it will show you how to change to your State's info & see your laws requirements as a dog broker / breeder or justing doing business with dogs in general.

You are in a real hard spot, but when people are looking for dogs they have the option to speak with other breeders, it is called doing their homework as many people on here claim to do.

I would think you would want to be know as the good breeder that would just refund the man his money so he can say he had a good experience with you to others? This also gives you a time to think not to take any deposits without a written contract to protect yourself?


so many angles such little time? He said she said? It is best to get things in writing?

I hope & pray the best for you, only you will know what is best for you.  :)


when there is no contract it seems  that is could be a double edge sword? In that situation, I would play it safe & send his deposit back via cashiers check  & ceritfied mail?

now lets see what others will say?

What is in writing? Phone calls are he said/she said.
What does your receipt state for the deposit?
Personally, with all the flip flopping,  I would find
it easier to just refund the deposit and be finished
with an unsure buyer. JMO

You either have to sell him a puppy or refund the deposit. I'd rather refund the deposit than sell a puppy to a person who I do not wish to have further dealings with.

Christine

This buyer has done this so many times before to other people. I just didn't know it.  I tend to be a very trusting person.  Kinda like I wouldn't think of doing such things therefore things like that just don't come to my mind.  This is a very valuable lesson.  I was honestly thinking about just sending his deposit back, but I recieved the certified letter first.  Than it just escaladed from there.  It is quite obvious from the emails he has lied about the attorney.  I seriously doubt he has done it. Perhaps had it been handled in a different manner, or approach, this would be over.  What really gets me is now what he agreed to is available, he doesn't want it.  Is it fair that he can do that?  Who does he think he is?  

I was just wondering how others felt about it.  

Hi,
  A friend just went threw this a month ago refund the deposit ASAP with a return receipt thru USP make sure he SIGNS for it, cut all communications ..My friends believed this would'nt be the end, if they had taken a pup would have been something wrong with the pup etc.etc...

Thank You guys!  I will refund him his deposit. After posting this and thinking about it, you are right. I definitely wouldn't trust him with a puppy. Our puppies, deserve better.  I am sure the puppy would end up constantly having problems, probably end up with HD and a bad temperament.  

Thanks. Once again our awesome forum members working together to help each other. Thank you so much!

I do not accept any deposits until the puppies are on the ground, that way this kind of @*%# doesn't happen.

Even saying that I have never yet kept a deposit but I would if they made a last minute decission NOT to take a puppy.

ALWAYS give the money back to whackjobs who would make an innocent puppy's life a living hell. God knows there is no shortage of them. They are all the same.....money-grubbing, trashy, utterly classless scumbags. Give 'em the cash and sleep soundly, knowing that you saved a dog a lot of grief. 

Looking back at my emails, I found where I offered to give him to give him 2/3 of the deposit back.  He refused that, and said he would just wait for a puppy.  Its not like I didn't try working with him. Its not about the money at all, but the principal that this person this he can jsut change his mind at random and people are supposed to allow him to do it.  

This will NEVER happen to me again! Its a promise I make to myself.