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Breeder would not return deposit

Discussion in 'Consumer Law, Contracts, Warranties' started by Lesley Reed, Apr 20, 2020.

  1. Lesley Reed

    Lesley Reed Law Topic Starter New Member

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    Jurisdiction:
    Arkansas
    I put a deposit on a puppy from a breeder in Arkansas. I live in FL. This transaction was completed by chat on Facebook. My friend was getting a puppy so I did not feel it was necessary to run a background check on the breeder. I was not aware of a contract so one was never signed. Because of the Covid-19 pandemic, one week later, I messaged the breeder and told her that I was not sure the timing is right because of the future being uncertain and I did not know what would happen. Been having difficulty buying items at the supermarkets and none of us know how this will play out. Wouldn’t want to be worried about having enough food for the puppy in a few months. So she found another buyer in hours and was not stuck with the puppy. She then told me that I would not be getting my deposit back. Is this legal without a contract? If not, how do I pursue?
     
  2. army judge

    army judge Super Moderator

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    The seller might as well as reside on another continent.

    Even IF the seller resides or operates in Arkansas, and you reside in Florida, suing the person in small claims court is not going to happen.

    Heck, even if you were rich beyond your wildest imagination, hiring an Arkansas lawyer to sue the person in Arkansas (and you traveling there) to litigate the matter would not be a financially sound decision, even if the person coughed up the $600.


    I described above HOW someone could potentially proceed, but your most effective option might be through FakeBook management.

    Don't get your hopes up, because FakeBook management might choose to not become involved, or could be powerless to help you get your money back.

    The lesson here is NEVER play the deposit game.

    Only pay TRUSTED sources in advance (ie...Amazon, Walmart, etc), or pay ONLY upon delivery.

    Transacting financial matters over the internet with UNKNOWN parties can be hazardous to your financial well being.

    Good luck...
     
  3. Zigner

    Zigner Well-Known Member

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    Why do you believe you are entitled to your deposit back once you breached the contract?
     
  4. adjusterjack

    adjusterjack Super Moderator

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    As a practical matter you kiss your money goodbye and learn a lesson for the future from the school of hard knocks.

    Next time you want a puppy go rescue one from the pound.
     
    shadowbunny, army judge and justblue like this.
  5. welkin

    welkin Active Member

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    If there was no meeting of the minds on a non-refundable deposit and OP wasn't aware of or agree to any provision of a contract other than perhaps, you deliver puppy I pay, why is OP in breach and why isn't the breeder also in breach?
     
    army judge likes this.
  6. welkin

    welkin Active Member

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    If you want a particular breed of dog with or without a pedigree, you don't go to a pound. If you just want a dog (probably a mutt) then that works.

    Some rescue organizations do specialize in particular breeds but not likely to find a puppy.
     
  7. zddoodah

    zddoodah Well-Known Member

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    For starters, just because a written contract wasn't signed doesn't mean you didn't have a contract. Second, was there any discussion between you and the seller about the extent, if any, to which the deposit might be refunded if you backed out of the transaction? What would be the point of giving a deposit if there weren't circumstances under which it wouldn't be refunded?
     

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