Terms of contract changed after non-refundable deposit sent

[Puppymom]

What is the name of your state (only U.S. law)? California

I placed a $500 non-refundable deposit for a puppy. After the money was sent and received the breeder changed the terms of the contract, not once but twice. The first addendum I was fine with, after receiving a new and updated addendum we decided not to complete the purchase due to the wording (8 times it was stated that if we didn't follow all the perimeters set forth we would be forfeiting the puppy and the last line stated “If either party chooses to not sign, this addendum and the breeder contract are nullified, giving all rights to said breeders.” Which sent up a huge red flag that even if we agreed to the terms they could still not sign . I asked the breeder to return my deposit and the answer was it was non-refundable. Do I have any course of action? The payment was sent via Paypal and I am prepared to use their dispute resolution process to try and get it back.

 

[Zigner]

What is the name of your state (only U.S. law)? California

I placed a $500 non-refundable deposit for a puppy. After the money was sent and received the breeder changed the terms of the contract, not once but twice. The first addendum I was fine with, after receiving a new and updated addendum we decided not to complete the purchase due to the wording (8 times it was stated that if we didn't follow all the perimeters set forth we would be forfeiting the puppy and the last line stated “If either party chooses to not sign, this addendum and the breeder contract are nullified, giving all rights to said breeders.” Which sent up a huge red flag that even if we agreed to the terms they could still not sign . I asked the breeder to return my deposit and the answer was it was non-refundable. Do I have any course of action? The payment was sent via Paypal and I am prepared to use their dispute resolution process to try and get it back.

Where, in writing, is the deposit stated as "non-refundable?" If it's in the contract, and you don't sign the contract, then you might have a case.

In what state are you and in what state is the breeder?

 

[Puppymom]

Where, in writing, is the deposit stated as "non-refundable?" If it's in the contract, and you don't sign the contract, then you might have a case.

In what state are you and in what state is the breeder?

We are both in California, it is in writing on the Paypal invoice that was sent, not on the contract at all. Additionally the contract was only signed by me (as well as notarized) but never sent as the breeders kept changing delivery date of said puppy and I started growing weary of the transaction and finally backed out with the addendum they sent me yesterday afternoon.

 

[Zigner]

We are both in California, it is in writing on the Paypal invoice that was sent, not on the contract at all. Additionally the contract was only signed by me (as well as notarized) but never sent as the breeders kept changing delivery date of said puppy and I started growing weary of the transaction and finally backed out with the addendum they sent me yesterday afternoon.

I suspect that the buyers have a copy of the contract that is signed by both parties. The clause you are disagreeing with is gibberish. If the contract isn't signed by one of the parties, then it's not valid is a true statement whether or not it's included in the contract (directly or by addendum.) I would suggest that you follow through with your contractual obligations.

 

[Puppymom]

I suspect that the buyers have a copy of the contract that is signed by both parties. The clause you are disagreeing with is gibberish. If the contract isn't signed by one of the parties, then it's not valid is a true statement whether or not it's included in the contract (directly or by addendum.) I would suggest that you follow through with your contractual obligations.

I didn't send a signed contract to the sellers (I'm the buyer).

 

[Zigner]

Then sue the bad guy for a return of the deposit. I suspect that you won't win...you're quibbling over a non-issue.