Update on Refundable deposit.

[anniesmom68]

Hello! Everybody..I have been meaning to write but, with the busy Holidays..
I wrote a forum in Oct (shown below) and got so many helpful responds..
Again, thank you all.
I just wanted to update you. That i have a Small Claims court date on Jan 29th. I will let you all know how it goes..I know she doesnt have a leg to stand on but, i am still alittle nervous.
Chat with all of you soon..
Gina



refundable deposit

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I put a deposit down on a male Yorkie. The day before i was suppose to pick him up. I received a call from the breeder saying he was at the Vet on a IV. She said his two sister died and she thinks he has Parvo. She told me if he didn't make it she would return my deposit..He passed the next day. She sounded upset and i told her when she was ready call me and we will talk about the deposit. After a week and half i never heard anything. I called her and ask about her upcoming litters. She said she had a litter coming in Dec but, had 3 people on her waiting list. I told her since she couldn't guarantee and male i will go ahead and get my deposit back. She agreed and said she would send out that Friday..A week later nothing.So, e-mailed her for the status. She replied that the puppy died of Corona and her and husband think that with the high Vet Bill that they don't think they should send the deposit and on her sight she states the deposit is non refundable. I reminded her she told me she would send my deposit back and she said she misspoke out of grief I feel it is non refundable if i decided not to get the pup.I never had the pup in my possession..Does anyone have any suggestion on what i could do to get my deposit back..Help

[I Love Bailey]

It is always nerve wracking to go to court, never knowing which way a judge will rule. Just have all your paperwork in order and copies of your cashed check.
We are getting ready to sue one of my husbands' former contracted employees in court for breach of contract and unethical business conduct. It is a lot of work to document everything, but will be worth it in the result of positive outcome.

Good Luck!!

[Kodak]

Good luck to both of you in court. Annie's mom, hopefully you'll get your deposit back so you can get you another pup soon.

[JeanieK]

Good Luck to you. I know you will win. That is the dumbest thing I have ever heard of.

[anniesmom68]

I really think i will win. I know being Yorkie owners or a Breeder you know what she did was wrong but, her argument is that her site states non refundable Deposit. We both know that is if we decide to to purchase the pup,not if it dies in her possession. The things i have going for me is her e-mails saying: She did tell me she would return my deposit and gave me her puppy health guarantee which neither of us signed, it didn't say any were on the guarantee if the pup dies i don't get my deposit back and of course i have the receipt.
I have never been to court..that is why i am nervous..

[FlDebra]

Don't be nervous! You are in the right and I cannot believe someone would even think of doing business this way. It won't take long in court and you will get a judgement against her. What is her site? I would like to see what she does guarantee. Can you give a link?

[FlDebra]

Never mind -- I just looked and it as posted before:
email: gglindsay@kconline.com
website: http://heavenlyyorkies.com/index.html

I can't believe ANYONE would consider a non-refundable deposit fine to keep when they could not produce the dog the deposit was placed on. She is in breach of contract by not providing you with the dog, so she has to give the money back. I would be happy to email her my non-threatening, non-abusive opinion and maybe even quote a little law, but only if you don't mind.

[LunasMomma]

Wow, the nerve! I hope that you get all your money back!

She sounds like a waste of oxygen to me

[JESSY_RN2B]

Good luck! I remember your post.

[prettypuppypink]

Originally Posted by anniesmom68

Hello! Everybody..I have been meaning to write but, with the busy Holidays..
I wrote a forum in Oct (shown below) and got so many helpful responds..
Again, thank you all.
I just wanted to update you. That i have a Small Claims court date on Jan 29th. I will let you all know how it goes..I know she doesnt have a leg to stand on but, i am still alittle nervous.
Chat with all of you soon..
Gina



refundable deposit

--------------------------------------------------------------------------------

I put a deposit down on a male Yorkie. The day before i was suppose to pick him up. I received a call from the breeder saying he was at the Vet on a IV. She said his two sister died and she thinks he has Parvo. She told me if he didn't make it she would return my deposit..He passed the next day. She sounded upset and i told her when she was ready call me and we will talk about the deposit. After a week and half i never heard anything. I called her and ask about her upcoming litters. She said she had a litter coming in Dec but, had 3 people on her waiting list. I told her since she couldn't guarantee and male i will go ahead and get my deposit back. She agreed and said she would send out that Friday..A week later nothing.So, e-mailed her for the status. She replied that the puppy died of Corona and her and husband think that with the high Vet Bill that they don't think they should send the deposit and on her sight she states the deposit is non refundable. I reminded her she told me she would send my deposit back and she said she misspoke out of grief I feel it is non refundable if i decided not to get the pup.I never had the pup in my possession..Does anyone have any suggestion on what i could do to get my deposit back..Help

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My DIL is a Superior Court Judge now. When she was lower on the totem pole, she came down hard on breeders who were not honoring contracts or sold sick puppies, as well as vets being sued by clients when they messed up and dogs were lost. She isn't even an animal lover and is terrified of dogs and cats. You will find that most Judges are fair in cases such as yours. The breeder doesn't have a leg to stand on because her pups died of Parvo or Corona or whatever and she had vet bills. When called to tell your side of the story just repeat what you stated here and anything else that transpired, also add that you are upset and don't wish to wait who knows how long until she has another male since she has a waiting list and you are heartbroken. Don't be nervous and write notes for yourself with dates of conversations and what was stated so you don't leave anything out especially about her husband's dumb statement about their vet bills which have nothing to do with you or your deposit.

[prettypuppypink]

Originally Posted by FlDebra

Never mind -- I just looked and it as posted before:
email: gglindsay@kconline.com
website: http://heavenlyyorkies.com/index.html

I can't believe ANYONE would consider a non-refundable deposit fine to keep when they could not produce the dog the deposit was placed on. She is in breach of contract by not providing you with the dog, so she has to give the money back. I would be happy to email her my non-threatening, non-abusive opinion and maybe even quote a little law, but only if you don't mind.

Thanks for posting so we can all cross this breeder of the list.

[judyeve]

Bring the documents that state that she was going to return the deposit (emails?) I watch some of the court case shows in the morning and that's what wins a case. If she sent you that email after the contract stating the deposit
is non-refundable, I don'[t think she has a leg to stand on. Also, she made a verbal agreement to return the deposit. Does the health warranty state that she must replace the dog is it has a terminal disease? I would bring that too.


Good luck and I hope you find a healthy little Yorkie soon. Don't let that b....
ruin it for you.

Judy

[JeanieK]

This breeder is in essence indicating that once you put the deposit on it, it bacame your dog, and so therefore it is your loss.

The courts will look at who had physical posession of the dog. And since she did not produce the dog that you put the deposite on she is in breech of contract. The Loss is hers, not yours.

[anniesmom68]

Thanks everyone for all the great information..and everyones support..I dont know if i would of got threw all this without everyones help..
Thank you! Thank you!

[SweetCuteness]

I remember your original post also. You'll win the case - hands down. Everyone has given you some really good advice, so hopefully it helps you! It's unfortunate that she lost the puppy, but she can't hold you accountable for that!

Good luck finding your puppy!