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01-23-2006, 09:34 AM | #1 |
Yorkie Yakker Join Date: Dec 2005 Location: Slingerlands, New York
Posts: 43
| 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, |
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01-23-2006, 09:42 AM | #2 |
I Love My Yorkies Donating Member Join Date: Feb 2005 Location: Indianapolis, Indiana
Posts: 37,147
| I think it was a smart thing for you to include the letter. When I bought my pups I was only required to put $25 down to hold the pup so I didnt write a letter. I would have with a larger deposit. I hope it all works out for you.
__________________ Chachi's & Jewels Mom Jewels http://www.dogster.com/?132431Chachi http://www.dogster.com/?132427 |
01-23-2006, 12:03 PM | #3 |
BANNED! Join Date: Feb 2005 Location: Illinois
Posts: 1,681
| Man oh man! That letter scared the belittles out of me! One well informed letter, but I would have to send back your deposit if were me. Unless a yorkie is several months old its really pretty impossible to guarantee weight. You can sure do your darnest to estimate and it can be right on it but sometimes they do their own inherited thing..... My guarantee only covers life threatening conditions such as congential heart disease or liver shunt, so I couldnt agree to replacing a puppy due to LP, although I would absolutely want to know the extent of it so in the future the knowledge may be used improved in our dogs. All breeds carry certain established inherited problems and you can try until dooms day to get rid of them all, but genes are genes....you cant erase the past, you can only try to minmize it. Look at Hitler he tried to produce the master race, look what happened to him. I certainly wouldnt call him or his people the cream of the crop. But the ones who survived it were! SO much for my off color sense of humor! Plz dont take offense Im only having fun, but there is some truth in it to me regarding breeding. |
01-23-2006, 12:28 PM | #4 |
BANNED! Join Date: Mar 2005
Posts: 8,246
| Good for you Madison Avenue. As an attorney and a yorkie fancier, I loved your letter. Although some breeders may have a problem with some of the terms you outlined, you were very clear about your expectations up to that point and it would be up to the breeder if they were like luvdorkyyorkies to then try and negotiate a compromise in the wording maybe. If not, then the two do not agree and the deal will not work, but you are then free to explore other options with other breeders and the breeder is free to sell the puppy to someone else. There are no hard feelings and no one was taken advantage of. Good letter and one that others could use as a guide and tailor to their needs w/your permission. Last edited by simonandhallie; 01-23-2006 at 05:02 PM. |
01-23-2006, 01:02 PM | #5 |
BANNED! Join Date: Feb 2005 Location: Illinois
Posts: 1,681
| Oh I agree. Terms should always be clear. Wouldnt be any misunderstandings if they were. Unfortunately what I say and the way someone else understands them may be different. Please know I was not disagreeing with your letter, I was only stating I could not comply if I was the breeder. |
01-23-2006, 02:01 PM | #6 |
Yorkie Yakker Join Date: Dec 2005 Location: Slingerlands, New York
Posts: 43
| Hi Everyone, Anyone is welcome to use the deposit letter and alter it in any way you see fit. Ironically, I think I wrote such a detailed letter with my deposit check because of all the health concerns expressed on this site, combined with the books I've been reading about the breed. As I've become more and more informed, I've become more and more concerned that a toy dog may have more health issues than a larger dog. (Also, I'm spoiled because our family dog is healthy and only sees the vet once a year for a checkup.) While I very much want a healthy dog because of all the pleasure a feisty, healthy, happy dog can bring, should a dog become ill, I would do anything in my means to take care of it. I realize there are no guarantees when it come to health; I am just trying to avoid "avoidable" heartache. |
01-23-2006, 02:19 PM | #7 |
BANNED! Join Date: Feb 2005 Location: Illinois
Posts: 1,681
| Hi Madison Avenue, Thank you for not taking offense for my silly reply. It had a bit of truth in it because I could not comply with all of it, but it sure would help someone to clear up any misunderstandings if buying a puppy. If the breeder cant complete the contract they simply have to say so, send back the funds and end of story. Thanks for being a good sport! |
01-23-2006, 03:21 PM | #8 |
Donating YT 14K Club Member | Speaking to a couple of breeders here in town, they do not take any type of deposit. The pups are ready when they are ready since too many things can happen to someone that pays the deposit...they can change their mind, something bad can happen to them financially and then you have to give the money back and miss the sale to other people. They said that if someone is coming from out of town, they may hold a pup for a couple of hours but it's basically first come, first serve. I do not know yet how I feel about this, but I can see their side.
__________________ As always...JMO (Just My Opinion) Kimberley |
01-23-2006, 04:50 PM | #9 | |
Yorkie Yakker Join Date: Jan 2006 Location: Indiana
Posts: 53
| Quote:
Julie | |
01-23-2006, 05:53 PM | #10 | |
The Yorkie Sitter Donating Member Join Date: Sep 2005 Location: Boston
Posts: 2,350
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__________________ Michiko (Ethicist) and Haruka(Fragrance of Spring Flowers) [/URL][/COLOR] | |
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