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?

There are very few breeders on YT these days to answer your question.

Since the puppy was sold and she lost no money, If it was me in your shoes, I would take her to small claims court for the $500. deposit.

Thank you for the advice. I believe this breeder knows that, as I live far enough away, this is more than a bit of trouble for me :(

Deposits on puppies are always said to be non refundable either the breeder tells you that or it’s written on a contract that is signed at the time the deposit is put down. This is why it’s so important to meet the breeder in person and make sure you are 100% sure before putting the deposit down. I want to add that no breeder even the best can 100% guarantee the size of a puppy so if size is that important to you then you might want to look for an older yorkie or one around a year old.

Thank you for the reply. I was obviously foolish and trusted the ethics of this breeder. My mistake.

I bought my previous Yorkie with size estimate based on his parents, and I’m okay with doing that again.

Parents size is only part of it, a lot more is based on their genetics and like grandpas size and great grandmas size mater also. My youngest came from a 5 pound mom and a 3.5 pound dad and he outgrew all his siblings and parents by 5 months old and is now 15 pounds!

On our GSD puppies I do require a $300 (and will be rising) NON REFUNDABLE deposit.



I have a very detailed website and ask that buyers READ the website, where I have all the information on parent of the pups, as well as as much information on each pup that I can. I also have on the website what I guarantee and for how long, as well as information about GSD in general, how to train, ect. I also have how to find a Reputable Breeder, no someone just in it for the money.



I do NOT except deposits, (although I have people that want to send them BEFORE dogs are even bred) until the puppies are 6 weeks old, and we know what we (generally speaking) have, temperament and health has been checked out, as best we can.


Why do I ask for NON REFUNDABLE deposits? Not only does it show that the people I am spending all the time with, texting, emailing, visits, are not just 'tire kickers'. Not only that, ADVERTISING is expensive. If I hold a puppy, only to find out that I have to now spend more in advertising, AFTER spending hours of my time with a person that backs out....I HAVE LOST TIME and MONEY.

I've always understood that a deposit for the breeder to save a particular chosen puppy just for me was non-refundable, as were the breeder not saving the puppy for me, it would be free to offer to other chosen buyers for sale. And buying from particularly respected breeders, their puppies were usually all reserved by a deposit for a pup of a particular breeding a year or so in advance of the breeding with choice of pup in order of the pre-breeding decided- upon-choice of that order of that choice after whelping and buyer inspection of the litter.

When i have purchased other breeds the deposit was 100% non refundable if you're buying a pet. If you were buying a show dog your contract would show the stipulations for not purchasing the pup. Pet puppies have no promise beyond health. Size, stature, gait, and formality are only promised within a show pup contract, which usually requires a larger deposit than 500$.

In the end you always lose more money than the deposit when they back out!

Agreed most breeders have a non-refundable deposit clause. It doesn't matter what breed.