NON REFUNDABLE DEPOSIT VIEWS

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by kendra on 21 July 2010 - 14:07

by gagsd4 on 21 July 2010 - 14:07

I do not know about the legalities.

However, WHY would you agree to sell 3 puppies to the same person?
Since you agreed to move the deposit, and accept the deposit to be placed on another specific breeding, and that breeding did not take place, then I think you should refund her money.

---Mary

by Nans gsd on 21 July 2010 - 14:07

Yes, I feel she should be refunded her complete deposit. I think keeping peace is more important than the deposit and could help to preserve your reputation. A lot of good dog breeders rely on word of mouth reputations which I feel is important in the dog world. Believe me word gets around whom is reliable and whom is not. Good Luck Nan

by Kimmelot on 21 July 2010 - 14:07

You should have never offered to give her the money back in the first place . Non refundable deposits are not changeable because some one changed there mind !! Just because she had buyers remorse and backed out of 3 puppies instead of the one puppy is not reason enough for you to give her any money back. But because you did say you would refund some moneys, then stick to it.. any Judge would look at that and say - oh gee lady you have to wait until those puppies sell.

First off , you are in one state and that is where the sale happend. If she wants to settle this it has to be in YOUR county and state where the money was sent and a sale was done.

I would be writing her and telling her she has 2 options, either buy a puppy with the money she put down for a dog, or wait until you sell those other puppies- end of story.. call her bluff.

Whisper Gray

by kendra on 21 July 2010 - 14:07

Hi Nans and Gagsd .... I think that you both think that I am saying should I refund.... that is not what I am saying at all. i have no problem doing that once the pup sells. I will refund her full $600 when the pup that she had reserved sold. I had sold 3 pups to her over a years time. She was getting them months apart and is into therapy and was going to but therapy dogs and train them for that. That is the reason for the 3. Either way my question is should I worry about her 3 day deadline or just stick to the when her pup sells I will refund her. I had her on the list for 3 litters as 1 or 2nd pick on each for months before she backed out of getting 3 and that costs when other puppy buyers see those picks are sold and then all the sudden I have a ton of openings.

by kendra on 21 July 2010 - 14:07

THanks Kimmelot .... I don't normally offer a refund at all but in the case of the changed sire iven though she had already switched from 3 litters I was offering it to her once that pup sold.

by PowerHaus on 21 July 2010 - 15:07

Well, the stipulations of your agreement have changed A LOT! First, she had 3 deposits on 3 different litters....then moved all the deposits to 1 litter........ the 1 litter YOU changed the sire on, she obviously didn't like the sire change so .................

I think personally, I would refund her money. The ONLY reason is because you guys need to be rid of EACH OTHER! Neither of you are ever going to be happy with the transaction and the puppy might not be as cared for (underlying resentment with the seller)as another owner who is happy with the whole transaction would be!

Just refund the money!

Good luck,

Vickie
www.PowerHausKennels.com

by kendra on 21 July 2010 - 15:07

Thanks Vicky, I totally agree with the refunding just to be done. That is why I offered it to her. I offered it the day that the sire changed. If she wasn't happy with him I would refund when that pup sold even though I had the other litters that she liked available. My question isn't should I refund as I already agreed to that, it is should I need to do it within 3 days.

by crhuerta on 21 July 2010 - 15:07

This is when you realize that an agreement is only as good as the people behind it.
NON refundable...simply means NON refundable period. The problem arises when one person decides that they no longer "want" those terms....or the "terms" change. This is true for all business.
In the dog world & (life in general)...it is sometimes simply better to "cut losses" and ties to people that cause negativity and bad karma......life's too short, and not worth the aggravation.
JMO
Robin

by Bhaugh on 21 July 2010 - 16:07

I dont get waiting to refund until a pup sells motive if your going to refund anyway (why even go through the hassle) or the fact that you were going to sell 3 dogs to one person (no matter what the reason), or just how long this has been going back and forth that she has wanted her money back, unless she has an atty licensed in your state to practice law or her atty has subcontracted another atty who practices law in your state, she really doesnt have much to stand on. As previously mentioned she can do whatever she wants to in YOUR STATE not her state. And really Im sure most of us would freak out when the idea of sue comes up but if she takes that stand, again, she must file in your state, not her own.

I cannot see that this would be internet fraud however Im not up on the legalities of such. The fact that she gave you money and "months" have gone by without anything in return, cold come back to bite you. (here comes Judge Judy). I dont fall for threats and I would pay her however it was paid to you.

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