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tumbleweed
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21-01-2018, 11:23 PM
The problem is we don't understand the law in the USA which might be different to UK law.
On that basis you really need to consult a lawyer in your own country to see if the contract is valid and stands up to your legislation.

What I would say though that a lot of homemade contracts, unless drawn up by a lawyer, will have flaws in them which you or your legal team can exploit
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Besoeker
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21-01-2018, 11:38 PM
I think the deposit is quite a lot of money to essentially give away. If he wants to be magnanimous that's fine. But maybe he should write to the breeder telling him that it is a gesture of goodwill and not an acceptance of any other charges.
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brenda1
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22-01-2018, 05:15 PM
I asked my daughter in the USA about this and this is what she has to say:


You can decline and say no. The breeder should be more understanding and thankful that the puppy buyer has decided its the wrong breed. Any decent breeder would encourage a conversation as to why.Depending on contract no the seller does not have to return the deposit. But I don't understand wanting full price, that's not right.
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Oldgal
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23-01-2018, 10:37 PM
I agree with others who have said errors were made on both sides.

Sorry Lynx, but it is so wrong not to do your homework on any breed before you decide to buy - plus do your homework on the breeder as well!

Secondly, no way would I ever have let a puppy go to anyone in an apartment who also worked full time either.

Have you really thought this through?
Whatever breed you choose, how are you going to house train a pup if you are not there?
How are you going to feed it five meals a day if you are not there?
When any pup has just left his siblings and mother and is alone is a strange place, he is dependent of it's human for everything, especially company and comfort.
How would you provide any these things, for any dog, if you are not there?

As for the money, when I used to breed, I used to state on the deposit receipt that it was a 'non-refundable deposit.'
So personally, I would not expect my money back if I was purchasing. No way would I try to get the full amount of the buyer though!
I am wondering how much deposit this breeder asked for as well. I would have thought no more than 20% was fair.

Prospective owners were not given a 'Contract of Sale' until they came to collect their puppy, when I would go through all the paperwork with them to make sure it was understood first.

The Contract of Sale (which they had to sign) - stated the puppy was to be returned to me if they were unhappy for any reason,, plus other bits. They also had a copy of the Health certificates of both parents, Pedigree, KC Reg, Insurance, Diet Sheet and a list of Do's and Don'ts.

Like others have said, I do not know the regulations where you are Lynx, but it doesn't alter the fact that it seems this breeder is trying it on!
It seems he is not doing his homework on prospective buyers, and the buyers are not doing their homework on the breeder/breed.
Sadly, it is always the dogs who suffer in the end.
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Azz
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24-01-2018, 12:17 AM
Originally Posted by Losos View Post
The breeder has deliberately and willfully misled you so you have a counter claim if they should try to get nasty.

My advice would be to ask for your deposit back as well but if you've already put in writing that you don't want it you can't go down that route.
I would agree with the above

It seems they mislead you, and don't beat yourself up about it - it's VERY easy to fall in love with puppies or the thought of getting a puppy and unscrupulous breeders take advantage of this all the time.

From what I have read from everything you've said, for what it's worth, I think when the time and situation is right for you you will make an excellent dog owner

Good luck and let us know how you get on
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Toller
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24-01-2018, 02:00 AM
Unless there is something in the contract that allows you to cancel, you have to pay for the dog. The breeder was a jerk to sell you a completely inappropriate dog, but being a jerk is legally irrelevant. He was just giving an opinion, and while it was misleading, opinions are just opinions.

As a practical matter, small claims courts don't necessarily follow the law. The judge might be sympathetic and give you your money back, but I wouldn't count on it.

Personally, I would threaten to sue him for the deposit unless he agrees to let the matter drop. He probably will, as suing you would be a hassle.

Deposits are assumed to be non-refundable unless otherwise specified.
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Besoeker
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24-01-2018, 03:31 AM
Originally Posted by Toller View Post
Unless there is something in the contract that allows you to cancel, you have to pay for the dog. The breeder was a jerk to sell you a completely inappropriate dog, but being a jerk is legally irrelevant. He was just giving an opinion, and while it was misleading, opinions are just opinions.

As a practical matter, small claims courts don't necessarily follow the law. The judge might be sympathetic and give you your money back, but I wouldn't count on it.

Personally, I would threaten to sue him for the deposit unless he agrees to let the matter drop. He probably will, as suing you would be a hassle.

Deposits are assumed to be non-refundable unless otherwise specified.
What's written in the contract is what's written in the contract. No assumptions required.

Of course, until the OP clears the matter up, we don't know if there ever was a written and signed contract.
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Pitrescuemama
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24-01-2018, 07:10 AM
Like everyone else I commend you for thinking it threw and putting the dogs needs ahead of your wants. You made an impulsive decision but corrected it before it was to late most don't so don't feel to bad. No shame in learning from our mistakes.
The breeder was and continues to try to make easy money off of you. You paid $300. for your mistake.
He should have been honest with you in the first place but since he lied he's $300. ahead and that's not fair. Unfortunately most deposits are nonrefundable unless the breeder fails can't complete sale. So I'm pretty sure since you already stated he could keep deposit and he still has time to find the puppy a suitable home he has no damages to justify getting paid for the same puppy twice. Do you know your state laws and town ordinance's involving having a hybrid wolf dog?
When I was around 20 we lived down the street from a guy who just moved to town and had 3 timber wolves that he bred to an Alaskan Malamute and had hybrid pups as well as wolf pups. We got 2 hybrids Blaze and Lobo. After about 5 months of having ours the city found out and destroyed 19 puppies and took the male and 2 female timber wolves to a wildlife reservation. While Lobo was full of energy and kind of wild. Blaze was fat and lazy and scared of my cat. The man who sold them to us came and told us that we had to get them out of town or they would be confiscated and put to sleep. We were not allowed to own any wolf or hybrids with in city limits. Since I live in a small town we knew it wouldn't take long for the PD would find out who all bought a pup. So we sent him to live with my father in law. My sister sold Lobo so don't know what happened to him but Blaze lived to be 15 and was a gentle lazy boy.
You might want to find out if there's any laws that forbid or restrict the ownership of wolves I mean he's not exactly an honest up front guy.
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Toller
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24-01-2018, 04:52 PM
Originally Posted by Besoeker View Post
What's written in the contract is what's written in the contract. No assumptions required.

Of course, until the OP clears the matter up, we don't know if there ever was a written and signed contract.
If a contract doesn't mention the deposit, it is assumed to be non-refundable. There is no law that says that, and the contract (obviously) doesn't say that, but it is still non-refundable.
So, yeah, the assumption is required.

If he signed it electronically, there must have been a contract.
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Besoeker
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24-01-2018, 05:37 PM
Originally Posted by Toller View Post
If a contract doesn't mention the deposit, it is assumed to be non-refundable. There is no law that says that, and the contract (obviously) doesn't say that, but it is still non-refundable.
So, yeah, the assumption is required.
He said he was not going to ask for it to be refunded so we don't need to assume anything.
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