Do's and don't s before sending a deposit - Page 1

OK I have a client that has told me stories about breeders/kennels he has delt with in the past. He paid a deposit on a litter for a puppy. HE was 7th on the list for a ScHH puppy and asked to be put on the next list (rolled over). When put on the next list he still was at the bottom so asked to be put on the next litter. Well, since then the breeder has not wrote or called or returned any of his calls. No puppy no refund no nothing. The next time he paid a deposit (different breeder/kennel) he talked to a breeder and they talked about a puppy but after sending the deposit the breeder pushed another puppy/ litter on him and he did not want that. He told her just to send the deposit back (she had not even recieved it yet) but she cashed it and now no calls no emails or anything. So how common is it for breeders to keep the deposit? and give nothing back in return? Should he of signed something? I know how I am but it scares me to think others "Can" be that way? What advise would you give to someone before they sent a deposit. EK

I've only seen deposits linked to contracts. I wouldn't send a deposit without a contract specifying if it was refundable, or would count toward the next litter. I would also want the breeder to include the option of a refund if things really happened as things can. I would understand a non-refundable, or partial refund.

I say get an agreement on paper. Black and white always makes it clearer for a 3rd party to figure out. You may send a deposit thinking you are getting first pick but actually that breeder sends the right puppy to the right home before placement rights are given. A pet home who has waited 3 years is not going to get a super prospect just because of time waiting. Allot of breeders give first picks to better qualified homes and what qualifies good to them, may be different from the guy down the road. Make sure your wires arent crossed before you send that deposit. Once I didn't do this and I decided to pull out rather than get a pup I did not want, so I said keep the deposit for your troubles. I learned my lesson, had all the issues tweaked right. The next time, puppy didn't workout but the breeder was nice enough to refund the deposit without me having to ask. Usually it's looked upon as ok if they keep the deposit if you back out or fail on your end. If they fail on their end to produce a pup for you, they should in good faith send the money back or if arrangements were made for the next litter, held.

My general policy is as follows: Buyers are not concrete in any particular position until their deposit is actually in my hand. Due to the fact that I take credit cards by paypal, that can be instantaneous. Deposits can also be overnighted, and I will ony hold a position on the promise of a deposit for 2 days. After that, the position is subject to change. If your friend reserves a very specific puppy (say a bicolor male) and I don't have any in the litter and am therefore unable to fulfill my end of the deal, I generally offer the following options: 1) refund your deposit (when the litter is sold) 2) transfer your deposit to another litter. I personally select particular breedings because of the way they will fit into my specific breeding plans, and a pup from another litter may not suiot my needs or serve my purpose. Now, if I have two litters advertised and have say 5 deposits on the 2nd litter, then your friend would be indeed 6th on the list for the second litter. However, I will give the next available slot on the 2nd litter. On the other hand, if I have held this bicolor male puppy for your friend and turned away other buyers, then your friend changes his/her mind about the puppy, the litter, or the cost, it's usually too bad. Only under extraordinary circumstances do I feel obligated to refund a deposit - medical emergencies, catastrophes and the like. I have found with most breeders, deposits are non-refundable, and I'm told my policy is more than fair.

I have been told that the policy stated on a kennel's webpage constitutes a "contract" on the deposit and purchase of a puppy. Which is applicable to other issues, such as HD, genetic defects, etc. If they have the website available, they could make sure they print out or download the guidelines on the deposit, which would serve as a contract.

I paid a lot for a 2 year old fully trained GSD that was shipped from Germany. I made sure I had pictures of the dog etc. and had established a chain of back and forth emails with in depth questions and answers about the dogs training and temperment. Everything worked out fine and the dog even exceded my expectations. But I always had the emails to fall back on. I didn't know about this site when I was looking. But it certainly appears that by asking others about a particular breeder here, it usually draws quite a few responses. In the future I would start here. Bottom line, seek advice and establish a paper trail!

I don't breed but when we have rescue puppies here, I don't do holds without a small deposit, and I send them a contract via email to print out and complete if they're mailing it in. Or give it to them in person when they visit. I put everything in black and white so that everyone is clear on when a deposit is refundable and when it is not. There's always the person who will read it, sign it, change their mind about the pup (in which case, deposit is not refundable) and then gripe about the refund of their deposit. I'm more than happy to send it back if there's a medical problem with the pup or a temperment issue previously unforeseen which would make the pup/adopter combo a really bad one, but I just exercise common courtesy in those cases. Not the same situation as your friend though, but for future reference - I'd get something in writing on the deposit or any other time money is exchanged in any way regarding a dog deal. Unfortunate that your friend may have lost that money though. Hopefully there's a good reason the breeder hasn't kept in good contact :(

I dont send deposits at all dont feel its a necessary practice.

A deposit is nonrefundable in the eyes of the law. Why else make a deposit? It locks people in to the contract, buyer agrees to buy, seller agrees to sell...you know the lingo. Should the seller not fulfill an obligation, absolutely the deposit should be refunded.

"I have been told that the policy stated on a kennel's webpage constitutes a "contract" on the deposit and purchase of a puppy." The kennel could try to use a web deposit policy as evidence that, for example, the buyer knew a deposit was non-refundable, but it won't stand on its own as a contract. Contracts are exchanges of promises between parties, and you need more than a policy published on a webpage by one side to determine what the terms of the agreement were. As for EkvonEarnhardt's friend, I'd have to know a lot more before even thinking about commenting on the rights and responsibilities of the parties.