Anyone know anything about YorkieDivas
 

Has anyone had any dealings with Yorkiedivas.com?
Someone I know purchased the little male parti she has on her puppy page,Opie.. she paid full price plus shipping. The owner calls and said that puppy died and she will replace it with another, the next one she said had a bad underbite. She has requested her money back but she wont give it back says the contract says she will replace the puppy. She now wants her to take 2 parti carriers instead.
She refuses to give her money back.

Well I learned something from your post. Were it me...I would be contacting the authorities where this woman lives. She's receiving money under false pretenses. Btw, her website hasn't been updated in two months....

Did your friend sign a contract with this person? If so what does the contract state about refunds and what conditions the will or will not be given?
As a general rule if the breeder can not produce what the buyer was or has paid for then the monies paid should be refunded. Alot depends on how the contract is worded.

ouch
 

I agree that a lot has to do with the contract and the circumstances leading to the death of the puppy. If he died at the hands of the owner, then I can see why the breeder wouldn't refund the money. But, if the death was caused by the breeder or as a result of something done or not done by the breeder, then contract or not it is the breder's responsibility. As a side note, for a $4000 puppy, I would have flown out to get him myself and made sure he was healthy.

If he did truly did pass away, it would be nice if she took his picture down...how disappointing for the lady that was buying him. :( His picture is VERY VERY VERY cute and she does have him on her site like he is for sale. :confused: Maybe once she updates her website, she will take his photo down. I think that she should have given your friend her money back.

Debbie~

I was wondering when she said that he died...how old was he when she says this happened?

Tammy

Well, if she does get her money back, I suggest All Star Yorkies in Oklahoma. She has a gorgeous Parti baby available now for 1800. She is having trouble with her site. She couldnt log into it so she has her site from last year up. It should be all fixed in a couple days. www.allstaryorkies.com Anyway, she has gorgeous babies.

I hope she gets her money, that is just crazy!

I misread thepost - so she paid for the dog and never got it? Time to talk to a lawyer. Sounds like a scam.

The breeder can't take the money and never deliver. If the puppy died, she gets her money back.

She didnt say when he died just that she told her he did, Must have been awhile though because she waited for the other puppy and it had an underbite. Yea I ask about him still on the website she said she has someone do her website for her. I was just wondering how can a contract stand if you never received a puppy in the first place, how long can they keep your money? Is this standard practices?

This would only be standard practice for a scammer, i am very much afraid that your friend is dealing with one. most breeders do not refund a deposit on a puppy unless something happens to the baby while still in the breeders care in that case she is due all money she paid

Oh my gosh, I would be beyond livid. Of course for 4k I also would have flown out there myself. This definitely sounds like a scammer and she definitely needs to get the autorities involved.

Beautiful little dog but something sounds fishy here. I hope your friend can get her money back.

Oops. Typo! Tanya's parti is 3800.00. I didnt want to leave it this way! My mistake. (if anyone is interested) :)

Friend's Issue
 

Advice to your friend:

In a folder place the following: All correspondence between buyer and breeder, copy of the signed contract (if not contract is signed, it does not apply), and a time line from the first date of contact until the date in which the breeder notified her of the death and she requested a refund.

She should send a very short detailed certified letter requesting a full refund, as she has never received the puppy she chose. Keep it short and to the point. Give the breeder a very specific time frame for response (generally 10 days from the date of receipt).

Once that time lapses, your friend will need to visit an attorney in order to have a letter drafted and proceed or file a small claims court petition (without an attorney) in her home county as the "guarantee" (if you can call that an actual guarantee) does not designate a place for disputes and jurisdiction.

The "guarantee" is really irrelevant in this situation as it does not address what is done if a puppy is not supplied by the breeder, nor does it address the finality of deposits or payments.

Your friend is absolutely deserving of a full refund as I would not dream of contacting a client explaining the puppy chosen was deceased and not offer an immediate refund including deposit. If anything happens on our end prior to a puppy being placed, we are fully responsible.

Breeder by admission has not fulfilled her end of the contract: I. Yorkie Divas guarantees that the puppy is in good health prior to delivery: Can't be in good health and dead.