Breeder won’t refund deposit Breeders, I’d like to ask your advice for what is a very unfortunate situation.
My beloved Yorky of five years passed away this winter. And January I began to look for a puppy. I was texting and talking with several breeders, and after a time settled on a breeder who had one puppy remaining from her litter. She put me in second position to another person who she said was interested in the dog but they were waiting to find out if his testicle descended.
I texted her several times between the Thursday that she gave me this information and Monday when she went to the vet. I wanted her to know that I was very excited about the possibility of the puppy being mine if the other person didn’t take him.
It turned out that even though he did have fully descended testicles, the other party declined to take the puppy. I found this out on Tuesday. The breeder and I had several very positive conversations and I booked a plane ticket to fly from my home city out to where the breeder was located to pick up the puppy the following week.
One day after the “I want him” chat, the breeder sent me a PayPal request for $500. I paid it as a payment to a friend (not for merchandise).
The following day, in a text exchange with the breeder, I discovered that the puppy was going to be on the larger size, based on the size of his parents. It was completely my fault that I had mixed up conversations with this breeder and another breeder, who had smaller puppies/parents. I was clear with the breeder that I expected and wanted a puppy that would end up as an adult in the 5 pound range and she said he would likely be 7+ Immediately I told the breeder (on Thursday, three days after the initial conversation, and two days after paying the deposit), that this was not going to work out for me and that I was terribly apologetic and embarrassed by my confusion, but I could not take this puppy.
I wrote her a very long apologetic email and requested my deposit back, minus the cost of some items she had sent me in the mail to prepare my home for the puppy.
The breeder has refused to refund my deposit and to be quite cruel, she has written disparaging and, frankly, a bit kooky, things to me in answer to my polite emails.
A mistake was made, but corrected within 48 hours and, as well, since then, she has sold the puppy. I understand I’ve “learned a valuable lesson”, but $500 is a lot of money to me, not to mention my forfeited plane ticket (again, my bad, I get it).
Regarding the breeder keeping my deposit though she sold the dog:
Is this typical? Is this ethical behavior? Do I have any redress other than taking her to court? |