 Puppy Deposits
Hi Everyone,
I read with great interest the posts about the problem with a breeder and the unreturned deposit. Married to a lawyer, the mother of two grown children, and being 60 years old, I think I have heard every version of "he said, she said" and "I know who the mystery person is". I am forever amazed at how there are always two or more sides to every story, even ones that seem at first glance to be totally black and white.
As the story unfolded, it became clear there were indeed two sides to the story and the breeder was initally misidentified. In my humble opinion:
1. Don't take sides unless you know the parties and all the facts.
2. Don't slander anyone, even if you think you know the facts.
3. If there is someone you trust on this forum, e-mail them privately to get some candid, unemotional advice.
And as I often remind myself and my children, once you say something bad about someone, it's like shaking feathers into the wind---it's impossible to ever get all your harmful words back.
By the way, I was the person who asked the question about sending a letter with a deposit to protect my rights. For what it is worth, here is a copy of the cover letter I sent to the breeder along with my deposit. I solicited advice from several members online and tried to incorporate what was applicable. I hope someone finds this useful:
Dear _____,
Enclosed is my check for $000, which is a deposit toward the purchase price of $0000 for one of the male Yorkshire terrier dogs from ______'s litter.
Because you did not ask me to sign a contract, and I volunteered to give you a deposit to guarentee a dog, I tried to anticipate concerns that might arise on both our parts and include them here. (I referred to a contract from another breeder when writing this letter.) Please let me know if you disagree with anything I have written here and if you want me to make any changes. If you cash my deposit check, I will presume that you agree to these terms and conditions.
Of the two male dogs in the litter, I would like the smaller of the two, provided its projected adult weight is not less than four pounds. I understand that it is impossible to guarantee the exact weight, but early in my search I was advised by another breeder about the potential health concerns associated with a Yorkie that is less than four pounds, and therefore, want to purchase a puppy of between four and five plus pounds (give or take a few ounces). As we get closer to the time you will release a puppy—you had said twelve weeks—I would hope you could make a more accurate projection. Should anyone else be interested in purchasing one of the males and should you still not be able to project the expected weight of the smaller puppy, I would ask that you call me so that I can make a final determination as to which puppy to purchase, just as you were kind enough to do last week when another prospective buyer came to see the puppies.
It is my understanding that the dog is an AKC purebred with a limited registration (cannot be breed/will be neutered) and will have a health guarantee against any genetic or congenital abnormality, specifically Legg-Calve-Perthes or liver shunt from one year of purchase. If this should occur, a full refund or another puppy shall be given as a replacement, whichever one is mutually agreeable. I understand that no refund will be given after that time and that no refund will be given for any reason other than a failure to pass the veterinary check or the occurrence of a hereditary disease for a period up to one year from the date I bring the puppy home.
On the phone, you mentioned that the five-week mark can be crucial. If one of the males should not survive, and the remaining one does not meet my conditions, I would request to have my deposit refunded.
After I pick up the puppy from you at twelve weeks, I agree to bring the puppy to our veterinarian, ------------------------, for a complete physical. Should the puppy not receive our veterinarian’s approval, I would immediately return the dog to you in exactly the condition it was when I purchased it, and expect a full refund of the purchase price of $0000.
I felt it responsible to have something in writing to protect both our interests since a significant amount of money is involved in this purchase. Despite the concerns outlined above, I want to be clear that I love your dogs and the wonderful and caring atmosphere in which they and the puppies are being raised. I am looking forward to seeing the puppies as they mature, and finally, being able to bring one home at the twelve-week mark. I will keep in touch with you to see how they are maturing, and hope I can see them from time to time as they progress.
Yours truly, |