I recent answered an ad on a site called mlive.com in which a breeder was advertising german shepherd puppies for sale for $450.00. They would be ready March 6th. It said they are taking deposits which when I called they said $150.00. So I came over picked one and gave them $160.00. The person there and myself signed a paper that says the following....
"I recieved a deposit of $160.00 for a male AKC registered puppy. A balance of $290.00 is due when the puppy is picked up on March 6, 2010. Puppy comes with first shots.".
This was around 4:00pm. That night I went home and to my suprise my mother in law had come back from a business trip out of state and purchased a puppy for me. Being the fact that it was late I waited and made a phone call to the breeder in the morning at around 9:30am. They refused to refund any part of my deposit. They claimed that the ad said non-refundable which I clearly pointed out that this was not true. I figured they would try to update it so I took screen shots of all their ads where none of them mention any non-refundable deposit. They only say we are taking deposits. Now today they updated their ads to say they are non-refundable.
So no place in the contract does it say non-refundable and I have the ads that I answered that say nothing on non-refundable.
Do I have a case for small claims?
Thank you.
"I recieved a deposit of $160.00 for a male AKC registered puppy. A balance of $290.00 is due when the puppy is picked up on March 6, 2010. Puppy comes with first shots.".
This was around 4:00pm. That night I went home and to my suprise my mother in law had come back from a business trip out of state and purchased a puppy for me. Being the fact that it was late I waited and made a phone call to the breeder in the morning at around 9:30am. They refused to refund any part of my deposit. They claimed that the ad said non-refundable which I clearly pointed out that this was not true. I figured they would try to update it so I took screen shots of all their ads where none of them mention any non-refundable deposit. They only say we are taking deposits. Now today they updated their ads to say they are non-refundable.
So no place in the contract does it say non-refundable and I have the ads that I answered that say nothing on non-refundable.
Do I have a case for small claims?
Thank you.