breeder contract laws

[beansmomster]

What is the name of your state? PA

I signed a "pet purchase contract" and paid a deposit. The contract states the deposit was non-refundable. I assumed that meant if I backed out of the deal. Suddenly, the pet becomes available on a tuesday, and said I must pick up the pet with in 5 days. That weekend was a holiday. And the breeder and I went back and forth on pick up times and either wasn't good for her, or wasn't good for me. The breeder said if I don't pick up the pet in those 5 days I give up my deposit and they will sell the pet to someone else. Am I entitled to my deposit back?

 

[JETX]

"Am I entitled to my deposit back?"
*** Based solely on the information in your post, no. I suggest you get your tail over there and pick up your puppy before the 5 days expire.

 

[beansmomster]

why no based on the info? The breeder won't give me a chance to pick up the animal?

 

[gobonas99]

I'm curious as to how the pet "suddenly" became available if you had already signed a contract and put down a deposit. I could understand if you had just been discussing getting a pet from this breeder, or if you had been on their waiting list...a pet could suddenly become available if the original person who was to take the pet had backed out at the last minute, so the breeder called you. BUT any reputable breeder would not have signed an agreement and taken a deposit for a pet they do not yet have (ie the litter could be born, but one could die or have a defect). A reputable breeder also would have let you know the age when the pet would be released and given you a time-frame for pick-up either before or when you signed the contract and gave the deposit.

My husband and I have been looking for a breeder of British Shorthair cats for almost 2 months. We have had 2 instances where female kittens suddenly became available due to people backing out. We ended up not getting either cat - one had a congenital defect that would probably mean putting her down in a few years, and the other we were unable to pick up when the litter was scheduled to be released (and as she had another litter due, she needed all the kittens out by a certain date so she could clean the room). However, we hadn't signed any contracts yet, and we had given no deposits.

It is possible that your breeder has another litter due that s/he needs to prepare for, hence the 5-day window to pick up the animal. Since you were unable to do so, the pet likely went to the next person on their waiting list.

-Christina

 

[hexeliebe]

The dog 'suddenly became available' because this breeder is pulling a fast one. I would not be surprised if you check around you'd find that he/she has had suits already filed against them.

Although jetX is right based on the amount of information you gave us, this is a continuing scam among breeders of lesser repute.

We recently had a call from another party in Brazil who had contracted for a cat that had the same clause in the contract but the contract had not yet been signed. We did some checking with CFA and found that the breeder had been de-registered due to the amount of contract complaints.

Although I respect JetX's opinion, I would advise you to call the breeder back and tell them that because you have attempted to arrange a date and time to pick up your puppy and THEY were not agreeable, you consider the contract clause null and void and will move to either recover the monies already paid, including legal expenses, or you will take delivery of the puppy within the next 5 days.

Also, if this is a registered AKC puppy, call them immediately and file a complaint, regardless of how this turns out.

 

[JETX]

Lets clarify:

The writer said:
"I signed a "pet purchase contract" and paid a deposit. The contract states the deposit was non-refundable."
*** We have no idea what the contract states as to conditions of deposit rentention, what conditions for availability or any other FACTS as to the contract requirements.

"I assumed that meant if I backed out of the deal."
*** And that is very likely a wrong assumption on the writers part.

"Suddenly, the pet becomes available on a tuesday, and said I must pick up the pet with in 5 days."
*** That does not seem unreasonable.

"That weekend was a holiday."
*** So what?? If you really wanted this PET, you would make SOME arrangements to pick him/her up. Even if it means you missing the fireworks..... especially at risk of losing your deposit.

"And the breeder and I went back and forth on pick up times and either wasn't good for her, or wasn't good for me."
*** So again, since it is YOUR money at risk, make the time.

"The breeder said if I don't pick up the pet in those 5 days I give up my deposit and they will sell the pet to someone else."
*** Since you make no statement as to this NOT being a provision of the contract, we have to assume it is in it.

"Am I entitled to my deposit back?"
*** Again, as stated in my earlier post, no. You have provided NOTHING to show that you would not be in breach of the agreement YOU entered into.

Finally, the above are the FACTS without inserting any "what if" or "maybe, could be's". Yes, this could be a scam. Yes, the breeder could be less than reputable. But the bottom line is.... it is YOUR money at risk and if you don't find it possible in your busy schedule to at least arrange to pick up the pet you deposited for.... you likely won't have time enough to spend with the animal. And another REALITY.... YOU would have to file a lawsuit to try to recover your lost deposit and CONVINCE the court that you are right!! I see nothing in your post to support your claim.

REALITY CHECK: Your choice.... go get your new pet or take the risk of losing your deposit and having to litigate to try to recover it.

 

[beansmomster]

Thanks for everyone's advice! This is a cat, by the way. The breeder is supposed to be on council for one of the cat associations. That is one of the reasons i thought the breeder to be more reputable.

We had scheduled 2 pick up times. The first we couldn't make because my husband worked late. And the second she said was no good because she had company coming. And we tried to set up a third and that is when she got nasty and said she was tired of playing pick up games.

At this point I really don't want the cat from her because her nasty attitude, but I don't want to lose my deposit. Or let her get away with it.

 

[hexeliebe]

Then follow JetX's advice and either mark it up to experience or sue...

But do call CFA. This is not a part of any CFA sanctioned breeder contract and I have never heard of any such clause in a CFA-sponsored breeder contract.

 

[beansmomster]

REALITY CHECK: I didn't ask for the nasty attitude from you either! I am more than happy to sue her and recover my deposit and have her pay my legal costs! At this point its not a matter of the money, its a matter of principle and that fact that she is being difficult.

ANOTHER REALITY CHECK: Some people work for a living and can't leave the house on a moments notice to drive 3hrs to pick up a pet. If I was given more that a 3 day notice, my husband may have been able to get off over work so we could go get the pet. And yes we did miss the fireworks, because my husband worked on the 4th and 5th!

Lastly, I did make attemts for pick up times. Then the breeder comes back and tells me "can't you go come earlier?" when I said no because that is when my husband gets home from work, she said "well then never mind, I will be having a party that nigh and don't want you to be there at the same time"

"and if you don't find it possible in your busy schedule to at least arrange to pick up the pet you deposited for.... you likely won't have time enough to spend with the animal."

and as far as that statement is concerned, you don't have the right to judge me! get off your high horse and get a life while you are it!

 

[gobonas99]

Just out of curiosity - what breed of cat is it? If it's a BSH breeder, I'd like to know who she is so I know to stay away from her.

In any case, I agree with Hex - whatever you decide to do (sue her or let it go) I would DEFINTELY report her actions to the CFA.

-Christina

 

[beansmomster]

no, its not a BSH.

 

[JETX]

Gee, if you had put that much energy into getting your PET and not making excuses, you would not have needed to post here.

For example:
- You KNEW that she was 3 hours away when you agreed to contract with her. Don't use that as an excuse now.
- Why did you have to wait for your husband to go with you?? Can't you drive by yourself??
- From your own post, you made ONE pickup time which was not convenient to the seller. ONE time in five days!!! Really doesn't seem like a lot of effort to me.

In closing, I really don't give a rats behind if you get your pet or not. Or if you sue the seller/breeder or not. I can only offer you the following LEGAL advice... you better have a lot better story to tell the court if you want a chance to win.

Good luck.