puppy deposit

[Bob Watt]

Jurisdiction

California

Hi there,
I'm a very small hobby breeder of Golden retrievers. The puppies are now eight weeks old and came down with severe diarrhea. I went to the vet and got them on antibiotics. I'm choosing to keep all of the puppies for the duration of the antibiotic therapy. over the coarse of a few days they each caught the bug. The people that I'm righting about decided to go on vacation near us and pick the puppy up on the way home. Their puppy was one of the last pups to get infected and became symptomatic literally about 2 hours before they arrived. The last thing I want to do is keep the puppies 12 days longer. But, I was not to send one of our sick puppies anywhere until it resolved. I feel really bad, but I know it was the best thing for the puppy. The were rude, cold and did not seem to trust us. Which I now feel I cannot trust them. They gave me a $500 non-refundable deposit about a month ago. No contract was ever signed. In short, after meeting with them in person they left a really bitter taste in my mouth. I do not want to sell them my puppy. Can I refund their deposit without being sued. Please help!!

 

[mightymoose]

Yes. Give the money back and you will be fine.

 

[army judge]

Can I refund their deposit without being sued. Please help!!

Yes, you are free to return the money to the potential buyers.

However, that act on your part doesn't IMPLY the potential buyer will refrain from bringing a lawsuit against you.

If he/she/they do bring a lawsuit, the PROOF you present during trial will be part of your affirmative defense, insofar as the deposit is concerned.

No one can predict on WHAT legal basis the other party MIGHT bring a lawsuit against you.

All you can do is plot and plan what YOU alone will do IF you are sued.

 

[adjusterjack]

Can I refund their deposit without being sued.

Sorry, there's never any guarantee that you won't be sued.

How about you send these people an email asking if they want the deposit back or if they will wait until the puppy is well enough to complete the deal.

Now here's your life lesson from the school of hard knocks. Never take deposits. Cash and carry is the only way to go. With the emphasis on cash, no checks, no credit cards, just cash with duplicate bills of sale that you both sign. If you want to warranty the puppy's health for a short period, put that in the bill of sale.

If they can't take the puppy today, let them take their chances as to whether the puppy will still be available when they come back.

It's just like selling your used car or your household property. Yeah, it really is. Dogs are property, just like your TV set or your car. You take simple precautions so you don't get burnt.

 

[Zigner]

Sorry, there's never any guarantee that you won't be sued.

How about you send these people an email asking if they want the deposit back or if they will wait until the puppy is well enough to complete the deal.

Now here's your life lesson from the school of hard knocks. Never take deposits. Cash and carry is the only way to go. With the emphasis on cash, no checks, no credit cards, just cash with duplicate bills of sale that you both sign. If you want to warranty the puppy's health for a short period, put that in the bill of sale.

If they can't take the puppy today, let them take their chances as to whether the puppy will still be available when they come back.

It's just like selling your used car or your household property. Yeah, it really is. Dogs are property, just like your TV set or your car. You take simple precautions so you don't get burnt.

I don't disagree - I'd just like to add that, in a situation such as this, the morally correct thing to do (if no deposit is in play) would be to give the current buyer first dibs once the puppy is healthy.