 Friend's Issue
Advice to your friend:
In a folder place the following: All correspondence between buyer and breeder, copy of the signed contract (if not contract is signed, it does not apply), and a time line from the first date of contact until the date in which the breeder notified her of the death and she requested a refund.
She should send a very short detailed certified letter requesting a full refund, as she has never received the puppy she chose. Keep it short and to the point. Give the breeder a very specific time frame for response (generally 10 days from the date of receipt).
Once that time lapses, your friend will need to visit an attorney in order to have a letter drafted and proceed or file a small claims court petition (without an attorney) in her home county as the "guarantee" (if you can call that an actual guarantee) does not designate a place for disputes and jurisdiction.
The "guarantee" is really irrelevant in this situation as it does not address what is done if a puppy is not supplied by the breeder, nor does it address the finality of deposits or payments.
Your friend is absolutely deserving of a full refund as I would not dream of contacting a client explaining the puppy chosen was deceased and not offer an immediate refund including deposit. If anything happens on our end prior to a puppy being placed, we are fully responsible.
Breeder by admission has not fulfilled her end of the contract: I. Yorkie Divas guarantees that the puppy is in good health prior to delivery: Can't be in good health and dead. |