Check out some similar questions!

jesslucas · Jun 28, 2010, 10:16 AM

A buyer brought a health puppy from me, after only 24 hours she asked if she could return puppy as it was unwell, I agreed she could return puppy, buyer then asked for money back, I agreed but said the deposit is non refundable, as I provided her with a health pup, and when pup was returned the vet confirmed that was the case, I held up my part of our agreement, should I return deposit?

ScottGem · Jun 28, 2010, 10:24 AM

I've moved your question to the Law forums, since its not a pet issue but a contract law issue. It doesn't matter whether the product is a puppy or a car, the principles are the same.

Was there anything on the receipt that stated the deposit was non-refundable?

JudyKayTee · Jun 28, 2010, 11:27 AM

As Scott said, you are bound by the paperwork - what does your contract say?

I have dogs. I've always had dogs. If this woman doesn't WANT the puppy and you refuse to return her money she may very well take the puppy and you have no idea where it would end up.

I don't see that you are out any money.

You may or may not have a legal obligation... but I say, "Return the money."

jesslucas · Jun 28, 2010, 12:24 PM

I have the puppy back in my care and I gave the owner her money back but kept the deposit, she has now gone home had two days to think about not getting her deposit and now wants it?

jesslucas · Jun 28, 2010, 12:27 PM

We have no written agreement as it was a face to face transaction in my private dwelling, this was a one off litter. Its all he says she says

ScottGem · Jun 28, 2010, 12:44 PM

With nothing written in terms of the deposit, if she takes you to court, you would likely lose. So I would just return it. Next time do things properly, in writing.

JudyKayTee · Jun 28, 2010, 01:12 PM

Agree with Scott - no contract saying the deposit doesn't go back, she gets the deposit back if she takes this to Court.

I don't think the Court will allow you to enrich yourself. You have the puppy, presumably you can/will sell it again - you aren't out any money. If you make diligent attempts to sell the puppy and end up taking less, well, then I'd make that argument.

I think you'll lose but at least it's something you can say.

ballengerb1 · Jun 28, 2010, 01:16 PM

Since you have not suffered damages you are not entitled to keep any part of her money. However, if you pay to advertise the sale and now must advertise or incure some other new, additional fee then you might be entitled to keep her money since this would be considered damages.

AK lawyer · Jun 28, 2010, 01:22 PM

Originally Posted by jesslucas

We have no written agreement as it was a face to face transaction in my private dwelling, this was a one off litter. its all he says she says

Ok. What is it that you would you say?

So far, from everything you have written, it looks like a partial payment, not a non-refundable deposit. Did you and the would-be buyer agree on anything else? In the absence of such agreement, you owe the money back.

jesslucas · Jun 28, 2010, 02:30 PM

She paid me a deposit to secure the puppy, I have incured costs as I had to take the puppy to the vets to make sure that it was healthy and I have since had to feed and nurture this puppy, next weeks due to the age of puppy I will have to worm flea and vaccinate which is what I explained to the person returning the puppy that her deposit would be used for I will not gain any monies and profit from selling puppy on, as I england people are not interested in buying puppies over a certain ages and if there is any question over it health

JudyKayTee · Jun 28, 2010, 02:32 PM

Then if she decides to sue you, these will be your arguments - her decision to return the puppy cost you money and you are taking that money out of the deposit.

AK lawyer · Jun 28, 2010, 02:59 PM

She paid me a deposit to secure the puppy,

Did you get any offers between the time you accepted the deposit and the time she accepted the puppy?

I have incured costs as I had to take the puppy to the vets to make sure that it was healthy and I have since had to feed and nurture this puppy,

Problem is that you would had fed and nurtured it whether or not this person entered the picture.

Next weeks due to the age of puppy I will have to worm flea and vaccinate which is what I explained to the person returning the puppy that her deposit would be used for

If you explained this to her, you would be justified in keeping the deposit, except for the fact that she no longer desires to incur these particular expenses (worm & flea, treatments, and vaccination). But if you are saying that you explained to her that you would be using the deposit to take it to the vets, it might be justified to withthold the cost of the vet.

If it's probable that you lost the opportunity to sell the puppy because of her waffling, and that it's now impossible to sell the puppy because of it's age, I'd say you would be justified in keeping the deposit.

ballengerb1 · Jun 28, 2010, 03:07 PM

All good points, I see no real damages. The money you say you are out would have happened if this buyer never came into the picture. If she has retuirned the pup she is not responsible for future expenses.

ScottGem · Jun 28, 2010, 05:11 PM

As you can see, the consensus opinion is that you will lose if she sues you. But the risk is yours.

jesslucas · Jun 29, 2010, 12:13 AM

When I accepted This lady's deposit I then turned away people who were on the list below her, they have since homed other puppies, Can relay my original question, this lady returned puppy stating it was ill, I told the lady I would accept her back as I was worried about the lady not making contact with her vet to receive treatment, even though I had mentioned this to her, one returning the puppy I took her to the vet where it was proved puppy is in perfect health, so the ladys reason for returning the puppy is INVALID, she just no longer wanted it, but if she had said that I would not have accepted puppy back, heartless maybe but we had a written agreement that if she thought the puppy was unwell she would seek medical advice, she didn't, hense I fulfilled my end of our agreement which was suppling her with health pup, her part of agreement was to care for puppy for the rest of it natural life. I gave her a goodwill gesture which she accepted after I explained to her that the deposit was non refundable and would be used for furture care of puppy, which I would not have had to do if she had fulfilled her end of the agreement, as when she paid deposit I stopped looking for other homes and turned people away.

ScottGem · Jun 29, 2010, 05:34 AM

First, you keep adding things to your story. All of a sudden you did have a written agreement on at least one facet of the transaction. We have given you our best advice based on what you have told us. Why not give ALL the facts up front?

However, the extra information you are throwing in does help your case. Again, since you seem to feel you have a good case, then let her sue you and let it all come out in a hearing.