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  1. #1
    lifeinhim61 is offline Junior Member
    Join Date
    Mar 2005
    Posts
    2

    Angry Dog breeder problem

    What is the name of your state? Florida

    Hello,
    I put a deposit down on a puppy via internet (dog and breeder reside in OH) in January (300) for a dog that was 1250. I never signed internet contract, but acknowledged she had one. I sent partial payment by paypal (500) on Feb 25 (dog was 5 1/2 weeks old) and remainder that week by Cashier Check (650, this included shipping to FL, 200). All totaled I paid 1450. We had a financial crisis that next week (the dog was not going to be shipped until end of March) and I notified breeder that I would not be taking the dog due to a financial crisis (our roof needed replacement within a month due to many leaks from a storm). I sent her copy of the roof estimate and she told me that she would not refund, that she would have to get legal advice. Same day she sends me an email with HER terms... an email that I would have to agree to forfeiting half of what I paid (and she would refund me the other $725) and that I would have to sign and mail her a copy before she would release my money because she told me that all sales were final. I told her that I did not realize this and I thought the deposit was non-refundable, not everything I paid or I never would have paid her in full before time. I thought that all sales were final AFTER I had the dog in my possession and she told me too bad if I didn't understand the contract, that I wasn't due back ANYTHING and that she was only going to refund half because she was being nice. She would not negotiate with me (I wanted everything back but the deposit of $300 because the dog was still saleable and less than 6 weeks old!) But she insisted I sign the paper. My question (finally!)... if she sends the 725 and I cash the check and then go through paypal to get another few hundred which I feel I am owed, can she take me to small claims court for the full amount of what I paid (even though I did not get the dog)? I did not sign the first contract, but signed the document forfeiting the 725, but felt I had no other choice (this I considered being forced to do something without an alternative), and if she does want to sue me, does she have to come to FL to do so? I need to know before I make an issue of this by going through paypal because i can't risk losing the other 725 and paying court costs. Thank you so much., Rose
  2. #2
    seniorjudge Guest
    Quote Originally Posted by lifeinhim61
    What is the name of your state? Florida

    Hello,
    I put a deposit down on a puppy via internet (dog and breeder reside in OH) in January (300) for a dog that was 1250. I never signed internet contract, but acknowledged she had one. I sent partial payment by paypal (500) on Feb 25 (dog was 5 1/2 weeks old) and remainder that week by Cashier Check (650, this included shipping to FL, 200). All totaled I paid 1450. We had a financial crisis that next week (the dog was not going to be shipped until end of March) and I notified breeder that I would not be taking the dog due to a financial crisis (our roof needed replacement within a month due to many leaks from a storm). I sent her copy of the roof estimate and she told me that she would not refund, that she would have to get legal advice. Same day she sends me an email with HER terms... an email that I would have to agree to forfeiting half of what I paid (and she would refund me the other $725) and that I would have to sign and mail her a copy before she would release my money because she told me that all sales were final. I told her that I did not realize this and I thought the deposit was non-refundable, not everything I paid or I never would have paid her in full before time. I thought that all sales were final AFTER I had the dog in my possession and she told me too bad if I didn't understand the contract, that I wasn't due back ANYTHING and that she was only going to refund half because she was being nice. She would not negotiate with me (I wanted everything back but the deposit of $300 because the dog was still saleable and less than 6 weeks old!) But she insisted I sign the paper. My question (finally!)... if she sends the 725 and I cash the check and then go through paypal to get another few hundred which I feel I am owed, can she take me to small claims court for the full amount of what I paid (even though I did not get the dog)? I did not sign the first contract, but signed the document forfeiting the 725, but felt I had no other choice (this I considered being forced to do something without an alternative), and if she does want to sue me, does she have to come to FL to do so? I need to know before I make an issue of this by going through paypal because i can't risk losing the other 725 and paying court costs. Thank you so much., Rose

    Sounds to me like you bought a dog and now you want your money back:

    I put a deposit down on a puppy via internet (dog and breeder reside in OH) in January (300) for a dog that was 1250. I never signed internet contract, but acknowledged she had one. I sent partial payment by paypal (500) on Feb 25 (dog was 5 1/2 weeks old) and remainder that week by Cashier Check (650, this included shipping to FL, 200). All totaled I paid 1450.


    Q: My question (finally!)... if she sends the 725 and I cash the check and then go through paypal to get another few hundred which I feel I am owed, can she take me to small claims court for the full amount of what I paid (even though I did not get the dog)?

    A: I doubt that you will get anything back: "I did not sign the first contract, but signed the document forfeiting the 725, but felt I had no other choice (this I considered being forced to do something without an alternative)...."


    Q: and if she does want to sue me, does she have to come to FL to do so? I need to know before I make an issue of this by going through paypal because i can't risk losing the other 725 and paying court costs.

    A: Again, according to what you say, everything took place in Ohio, so she would have to sue you there.
  3. #3
    lifeinhim61 is offline Junior Member
    Join Date
    Mar 2005
    Posts
    2

    Thanks

    I appreciate your advice. I just wanted to make sure I did not do something stupid then have to lose the other half.

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