Puppy deposit refund

[Smartdocolena]

I am a small home based breeder and took a deposit NO contract. For a pup balance to be paid upon pick up. Puppy that was selected by party has several issues health related that I felt I could not in good faith sell this puppy to anyone. I sent back deposit which they refused by certified mail to pick up. Offered a pup from another litter, or to put them in contact with another breeder that has pups in our area. I have tried to resolve this but they want the puppy. I feel by phone conversations with this gentleman I would be setting myself up for disaster, if I allowed this pup to go home with him. I have been getting threatening phone calls and had to block his number.
I also states on my website I have the right to keep any pup for myself from any litter produced.
What do I do if he wont take his deposit back. He threatening to take me to court

 

[Betty3]

Did you not know the puppy had health issues when you took the deposit? If he takes you to court, explain that you tried to give the deposit back & about the health issues. Let the judge decide.

 

[Smartdocolena]

No did not know about health issues. Puppy devolped kennel cough progressed to respiratory infection, also has only one testicle present, heart murmur. Why would person NOT want a refund?or replacement pup, its beyond me. He states he wants the sick pup.

 

[army judge]

I am a small home based breeder and took a deposit NO contract. For a pup balance to be paid upon pick up. Puppy that was selected by party has several issues health related that I felt I could not in good faith sell this puppy to anyone. I sent back deposit which they refused by certified mail to pick up. Offered a pup from another litter, or to put them in contact with another breeder that has pups in our area. I have tried to resolve this but they want the puppy. I feel by phone conversations with this gentleman I would be setting myself up for disaster, if I allowed this pup to go home with him. I have been getting threatening phone calls and had to block his number.
I also states on my website I have the right to keep any pup for myself from any litter produced.
What do I do if he wont take his deposit back. He threatening to take me to court

You honor the contract, or you could get sued.

If you get sued, you'll be ordered to make him financially whole.

http://www.lemon-law-types.com/the-puppy-lemon-law.html

http://www.legalmatch.com/law-library/article/puppy-lemon-law-lawyers.html

You live in a PUPPY LEMON LAW STATE, yeah, betcha didn't know, huh?

If you sell stuff these days, better check the law before you engage in business.

However, he may be misinterpreting your state's law.

I suggest you familiarize yourself with your state law, see if it applies to a "hobby breeder", which is what you appear to be, but if you do it for profit, maybe not, and then decide your next steps.

 

[Smartdocolena]

We do not have a contract at all. I offered new pup or money back or help in finding another one.

 

[army judge]

We do not have a contract at all. I offered new pup or money back or help in finding another one.

On what basis did you require a deposit?

To do that you must have given a written receipt.

I suspect his theory lies between the puppy lemon law, the deposit, your forfeiture rule, and a contract.

 

[mightymoose]

I'm not sure any lemon law would apply until a transaction is complete and property has changed hands.

It seems here that the seller has a right to cancel a sale. Personally, I would stop stressing over it. The buyer will either contact you demanding a refund or will try and sue you. If you find yourself in court simply show your returned certified mail receipt and explain that you canceled the sale and offered a replacement.

If you end up selling this unhealthy dog you might find yourself facing other problems. Another option might be to draw write up an agreement that the buyer can sign indicating that the buyer accepts full responsibility for all current and future health issues of the puppy and releases you of any liability. Provide the buyer with all the current health records and disclose everything currently known. Doing that might be enough to scare the buyer away and prevent the sale.