Legal question about puppy deposit

[TxHorseMom]

Here's what happened.

In early April, I put down a deposit of $400 for a male english mastiff puppy. He was due to be born April 25th. I waited and waited. No puppy. I would email at about once a week. I heard that, "she's almost ready, maybe tonight." or "No puppy yet, but soon" the last one I got was. "I took her to the vet today, he said the puppies are in position, so soon." On May 24th I decided there's something fishy going on. I called twice, and left messages stating to please call me, that I decided I wanted my deposit back. I got no return call. Then I wrote an email stating that due to the fact that there is STILL no puppy, I wanted my deposit back. She sent me back an email that she does NOT give refunds, and that I would have to wait for her next litter with a different sire and dam due in July.

Now, in my opinion, this is a breech of contract. I was to get a puppy from a certain sire and dam, not one of her choosing. It's not like I just changed my mind, THERE IS NO PUPPY!!! I understand that breeding is not an exact science, that things happen, but she never did call me or inform me that something happened (I still don't know what happened) My question is, is this standard procedure with a breeder? I've never had this happen. I am seriously considering suing her for breech of contract.

In the mean time, a couple of days ago, I did get an English Mastiff. He is 20 mths old, a "sort of" rescue. (off of craigslist, not a "real" rescue) But this was after I gave her plenty of time to have her puppy. The one really doesn't have anything to do with the other. She doesn't know I got another dog. Have I just lost my $400?

 

[Kandie]

I'm extremely sorry that happened to you I have no legal knowledge, but if it were me, I'd definately call a lawyer, just to see if anything Can be done. In the contract, is there a clause stating any and all deposits will be transferred to the next litter in the case of "blah blah" ? Maybe that's the loophole she will try to use.
It's funny how she can email you to say you can't have your deposit back, but wouldn't inform you of what was going on with the specifc litter and the pup you wanted. Have you met her or her dogs before putting the deposit down? How much did you know about her kennel?

 

[TxHorseMom]

She lives about 20 miles from me. Hubby and I went and saw her kennels, and her dogs. We were there for a couple of hours. Met her dogs and liked them. They seemed like nice, honest people. Her dogs were well cared for, and she seemed to genuinely love her dogs. She doesn't overbreed them, one litter per bitch per year (or more), no more than 3 litters per bitch. She then retires them from breeding. She gave a lifetime guarantee on her puppies. All seemed like good things right? Then this. I truly don't understand. Thing is, I also have a friend who is thinking about a mastiff. (someday, just not now) And she was even interested in this breeder. If I end up suing her, she may have lost another sale. And yes, I thought it interesting that she didn't take very long to tell me I couldn't have my money back, but couldn't be bothered to call me about her female, to tell me there were problems. I have kept all emails received from her, and I will be finding that contract tomorrow (if it kills me!)

 

[Kandie]

Yeah from what you have told me, she does seem like a good breeder. (I haven't YET bought a pup from a breeder, so I am not an expert at all) She would of had me fooled (if that helps, lol) The only thing I can think of is if in her contract it states the deposit is NON-refundable, which most are AND if it says they will be transferred to the next litter instead. Good luck searching for the contract!! I hope all works out for you!! And congrats on the mastiff you rehomed

 

[moose]

This sounds horrible, sorry you had to go through that. I think its going to come down to what exactly its says on the contract. Most likely you will have to choose from losing the deposit or getting a pup from a different litter.

 

[TxHorseMom]

I wonder how long I can wait on getting a puppy if that is the case? As in, maybe a couple of years? I still want to persue getting the money back, but if not, I might be willing to get another EM in a couple of years. I guess I'll have to see.

 

[PresaDogue]

Actually i have heard of the deposits being non-refundable, and if something happens to that litter you put the deposit on, it would just transfer over to another litter of your choice. However, the breeder is of course allowed to make exceptions at her discretion when needed. It seems like the breeder didn't communicate well and there was some misunderstanding. Good luck.