[centralnewyorki]

Originally Posted by txshopper73

Try to make this the last question....for those of you that feel that a deposit is like an unwritten contract, then if the buyer backs out, should they receive their money back?

I think that by taking a deposit, it's an unwritten contract. That being said, I absolutely think that if a buyer backs out that the breeder keeps the money. I'm not a lawyer or an expert on the law (by any means!), but it is my understanding from the courses I've taken that if the breeder cashes a check or accepts cash from a buyer, that it can be as binding as signing a contract. Now, say a breeder takes my check and tomorrow calls to say that they've changed their mind (and has yet to cash the check), then it's the breeder's right to back out of the agreement since they haven't "formally" accepted. To avoid this, I think a breeder should wait until they are able to fully evaluate a puppy's traits to decide whether or not to sell. The breeders that work hard to match an owner's needs and wants to a puppies characteristics are worth their weight in gold. I would not want to put a deposit on a puppy or litter before birth or at a very young age because a puppy changes so much as it grows and matures- personality-wise and physically. So even if a puppy is your "dream" puppy at 6 weeks, he or she could completely change in their personality at 8 or 10 weeks and not be a good fit for you or your home.