Your opinion needed

[k9cuties]

I am new to post but have been reading here for a bit. I thought I would ask the opinions of fellow breeders (or YT people in general) on what your personal opinion is on what I should do:

I was contacted by a gentleman that was interested in purchasing a yorkie from me after she had a litter of pups (at least I am assuming she will be having pups next month). He wanted an adult rather than going through all the puppy stages. So, he came and looked at her and it was "love at first sight" (at least he came off that way). Well, we filled out a contract and we both signed it.

So, in the mean time, I sent him photos (as I send out weekly photos to all potential new owners who have placed deposits on dogs that are purchased from me). He emailed back and just oohed and aahhed over her. Well, the first mistake I made was taking a personal check from him. Well, I thought, no problem as he was a referral to me from another lady/friend that got a puppy from me in the past. Anyhow, I go to the bank and deposit the check. Almost a week later, I get it back in the mail for non-sufficient funds. Well, I called the guy and left a message. He called me back and when I told him over the phone he wrote a bad check his response was, "Yeah, I know, my other bills ate up my money first." I was a bit disturbed and perturbed at this point. So, he said he was going to send me another check. I told him NO!, you have to either send a money order or a bank check. I also told him that he was now responsible for a non-sufficient fund charge that I received as well because of what he had done. Then he said he was going to send weekly payments as he could not afford it all up front. He stated numerous times on the phone that he could not wait to come and get her later this year and by then she would be paid off and how much he wanted her. Well, I wanted to be sure he wanted her otherwise I had another lady that wanted her. BUT, Oh no, he was surely getting her.

Well, I hadn't heard from him in a long time and never saw any money coming. Out of the clear blue yesterday, he sends and email that says that he was wondering if I would be so kind as to terminate the contract that we have because he just could not wait that long and so he went and bought a 9 week old MALE puppy closer to his house. AND then he attached a photo of the puppy as well.

I guess I am stunned at this point, I have not responded to his email because I am in disbelief and shock that he did this. Please, I am asking for your opinions on what you feel if proper to do. (and yes, we have a legal binding contract that we both signed). Sorry for the lengthy book.

[chachi]

I am not a breeder but if i was I would hold him to the contract. You could have sold the dog to someone else if you hadnt been holding it for him. I cant believe people pull this type of crap with breeders. When I was buying my dogs I was very conciencious about Making sure My breeder got her payments on time and there were no problems. My breeder let me pay in two payments before I got Jewels. I just dont understand how someone can do that to someone they want a dog from. And his buying another puppy when he had a contract with you is irresponsible. I am sorry this happened to you

[RLC12345678]

What do you want to come of this? Do you want him to keep his end of the deal? Is there really someone else who wants your little girl? If I knew more about what YOU wanted to come out of this, maybe I could try to give some advice. Sorry you're having to go through this. I know it sux.

[Brookef18]

I would be glad to be rid of him... Do you really want your darling baby going off with a loser like that? WHat if he can't aford the vet bills??? I say.... run and don't look back!!!

[red98vett]

Wow that sucks...if I were you I'd cut your small loss and learn from it & keep the contract as a reminder of an 'almost' possible disaster.....I'm not a breeder but if I WERE ... I would want someone who buys a puppy to be able to AFFORD it...

if he couldn't make his bills and was bouncing checks - what would happen if he needed to take the puppy to the emergency vet ? Heck - just the NORMAL Vet can be expensive with Shots and tests...and food ? Heartworm meds ? Groomers ?

and don't forget the most important thing - TOYS and CLOTHES ! Lol ...just kidding

He had some big ones even asking you to hold a puppy that long for him - if it were me - I'd be WAY too attached to ever let it go

I would be glad he bought the other puppy and is out of your hair now.

[chachi]

oh I forgot you would have to give your dog to him if you held him to the contract. no way would i want one of my dogs to go to a person like that

[k9cuties]

I don't want him to have her knowing now what I do now..... However, he has written me a bad check and I am forced to pay the nonsufficient fund charge. I haven't responded to his email yet and am not sure what exactly to say to him. I am perfectly fine with him not getting her it is just that I don't want him to think it is okay to do this if I just "let him off the hook easily". AND he has not mentioned one word about paying for the nsf charge. He acts like it is no sweat off his back and it is "just a piece of paper" that I can just tear up. The sad part is ........ another lady missed out on the chance of my girl and has since purchased another dog because of his "so-called" commitment. Well, I am sure another good, loving home will come along when the time comes.

[RLC12345678]

I would as politely as possible tell him that you are fine with terminating his contract as long as he sends you a money order to cover the insufficient funds charge. Tell him that otherwise, you are taking him to small claims court.

Originally Posted by k9cuties

I don't want him to have her knowing now what I do now..... However, he has written me a bad check and I am forced to pay the nonsufficient fund charge. I haven't responded to his email yet and am not sure what exactly to say to him. I am perfectly fine with him not getting her it is just that I don't want him to think it is okay to do this if I just "let him off the hook easily". AND he has not mentioned one word about paying for the nsf charge. He acts like it is no sweat off his back and it is "just a piece of paper" that I can just tear up. The sad part is ........ another lady missed out on the chance of my girl and has since purchased another dog because of his "so-called" commitment. Well, I am sure another good, loving home will come along when the time comes.

[Julz]

My opinion is that from the sound of it....I wouldn't want him to have my dog. He just doesn't sound responsible enough. If he felt "he was in love and HAD to have her" and wasn't so in love a short time later.....then he is an "impulse buyer" and often times those dogs don't stay in that home. Not always of course. It's just "how deep is his love?". I would call it a "learning lesson" and we all go through them. Man, I just went through a HUGE learning lesson . From now on, the contract should include that payments are to be made in cash and that if a person backs out before the designated payment timeframe expires, then (for example) $300 is nonrefundable. That way the person is going to take it seriously and not go "shopping around" while under a signed contract. In addition, you aren't "totally screwed". Honestly, I'd let this one go.....I have a feeling pushing it would get you less than nowhere.

and P.S. He most certainly should cover the insufficient funds, however, I'm sure he won't. So sorry.

[Lacy's Mom]

Returned check fees are minimal - my bank charges $6.00 so don't think it would be worth a court fight, unless you bounced checks thinking the money was in there.

I think I would be glad this person wasn't getting my dog. Was he buying the adult? So he wouldn't have received her for another 4 months after weaning (so you have plenty of time to find another buyer)?

[Sugar's Mom]

cut your losses and move on. Same thing happened recently to my husband on one of his Field Champion beagles. guy kept telling us he would send the money. Then he kept saying he had sent it and it got lost. So, he showed up a few weeks later with cash. We let him have the dog but this was all a ply to get us to hold the dog for him and we had turned down numerous other buyers. The dog we sold is a great producer of champions and his pups were in high demand. We were selling him because he has had missed breedings the last two or three times and we were having to refund stud fees. The buyer was well aware of this but we lost out on selling him for a thousand more than what we got out of him because of thee put offs. Being the good natured man my hubby is, he didn't even get mad over it but I did. of course we will never sell anything else to this man.

[BamaFan121s]

I personally would just do what I had to to get rid of this nut. He doesn't seem like the kind of person that I would want taking one of our babies, in anycase. Just my .02.

[YorkieRose]

I say your puppy is very lucky not to be going to this home...and No, you do not have a legal binding contract., check any business law book....it was made void when he sent a check knowing he had insufficent funds..do you know by law when that happens the person who received the no-good check is legally entitled to tremble damages..?
I never held anyone to a deposit or contract to buy..if you do not want my baby, I do not want you to have it..what ever the reason...good luck

[yorkiegal719]

I would say this was a blessing in disguise! The red flag should have gone up when he didn't have money to cover the deposit. What would happen if she needed medical attention and he didn't have enough because his "bills ate all his money up"? You could go the small claims court way, or just chalk it up to experience and just be more cautious next time. There is no way that I would want someone like that to have any dog of mine...

[Susan123]

I would definitely cut my losses, pay for the returned check fee yourself. When he did that, that said alot. You're not going to want to deal with him any longer, I wouldn't. I'm sure someone else will come around. I would definitely get a money order though.