? about a deposit
 

Back in November I contacted a lady from Cloverdale IN. We shared emails getting to know one another and such. Well, she explained to me that two of her lady Yorkies where pregnant. So I put a deposit down of $200 on Nov. 7th for a male pup. She said I would get first pick for a male. Well, as soon as I sent deposit, i didn't her much from her unless I contacted her first. She gave me excuses of a family member being sick and so on. To make matters worse, she said both her lady Yorkies had miscarraiges... :confused: I asked for a refund. She says her policy requires no refund. I assume if there is a puppy involved then I can understand. But there is NO puppy! So, she tells me another Yorkie is due on Feb 10th. I've been patient. I don't want drama, but this lady hasn't responed or kept me informed of any puppy. It's been almost a month of the due date, I've sent her 2 emails for information and I get no reply. I'm very frustrated and I want to know what I can do to solve this. If this lady is apart of this forum, I want her to speak up and give me an explanation for her lack of "business". No one should run a business of false hope. It's a poor practice. If I have to take a stand, I will mention her info to the public, so no one has to go through what I have been through...

I know most of you have dealt with some like this and i was wondering how you dealt with the problem and what I should do next.

I am from Indiana too. I am sorry you are going through that but if it were me I would look for another breeder. If you need the name of one I have one who is in Berne IN.

Basically, would my arguement be grounds for a refund, knowing there is no dog. Yet her bill of Sale states "deposit is non-refundable".

Just from the way she sounds I dont think she is going to give you your deposit back. You could take her to small claims court. Do you have anything in writing that she accepted this deposit from you?

I would think the nonrefundable deposit is only if you back out of the contract .I might be wrong maybe some of the breeders on here can help you with this.

I have a bill of sale, my carbon copy, of the check I wrote, all the emails I have sent her and all the emails she has sent me. On the bill of sale, she left her signiture blank.

I would suggest small claims unless you paid with something you can stop payment on. With small claims you do have to pay a filing fee etc but you can include those charges in the suit you file. I would think non-refundable means you don't get your money back if you should change your mind.

Good luck!

Well youve got her with the bill of sale. Demand your puppy or a refund and if she keeps stalling tell her if she doesnt do something you will take her to court.

So, I would have to wait till another puppy comes available from this breeder? Is it common for Yorkies to have miscarriages? It's strange to know 2 of her Yorkies had miscarriages at the same time (within a week). I can take the loss, but she has lacked alot of communication. If she has been front with me from the beginning, I don't think it would have gotten this far.

like chachi says demand your puppy or your money back it is strange that 2 of her females had miscarriges around the same time ,and also avoiding your Emails sounds like to me shes not intending to give you your puppy or your deposit back .

I think it is possible she has had two miscarriages. Her lack of communication is what is fishy. I just hope you get your puppy.

I'm a pretty understanding lady :wink2: . I've been very patient in the whole ordeal. Haven't made that phone call just yet, but the more I think about it; the more I want to call her.

Thanks ladies for your info. I had to let my frustrations out. Can't take it out on the family members who said " I told you so!" :(

That's what I'm afraid of... :(

I believe you should get your deposit back.

Your deposit was a partial payment and a down payment on the puppy that you and she agreed you would get.

You didn't break that contract. You stayed ready to receive your puppy and pay the remaining amount that you owed.

She broke the contract (even if it was a verbal contract). She did not fulfill her part of the contract. She did not present you with a puppy.

I am sure (if you have any records at all - dates, what was said, E-mails, phone calls, etc...as detailed as you can get ) -- you can go to small claims court and get your deposit back - as well as any other expenses you may have incurred - phone calls, etc.

I think the woman you are dealing with is a low-life crook....the scum of the earth!!!!! I have absolutely no respect for people like her. I think they should be charged with criminal activity and be fined and spend time in jail.

Just listen to me!!!! I can't tell you how mad I'd be.

I hope you live reasonably close to her. I think you should be reimbursed for any time off work and any travel expenses you incure taking her to court also.

Carol Jean

Fishy, indeed.... :confused: