Deposit Refund Question

[s4mu8l]

What is the name of your state? Tennessee

I am a dog breeder located in Tennessee. I received a deposit for a puppy through an internet sale, deposit received through Western Union of $300. In email conversations it was explained that deposits taken are non-refundable if you change your mind about the puppy.

On our website, it says that our puppies are raised in a home environment, and the buyer is now saying that I am mis-representing myself because I own and operate a kennel that our adult dogs stay in. She is claiming the puppies are not raised in a loving home environment (because I operate a kennel -- the name of my business is Moon Valley Kennel).

She wants her deposit back claiming mis-representation and is threatening to sue me in court. (She says she works for an attorney.) I have a business license, and pay taxes quarterly. Seller lives in Tennessee and buyer lives in Florida. My question is if she does try to sue me, do I have to travel to her home state or will she have to file in my home court?

I am pretty sure that she has to come to me in my jurisdiction, but I just need to make sure. Any info is greatly appreciated. Thanks!What is the name of your state?

 

[JETX]

if she does try to sue me, do I have to travel to her home state or will she have to file in my home court?

Of course, there is no way that any of us can tell what someone else WILL do... but likely she will sue in her state. You can then file a motion to dismiss based on lack of jurisdiction. The court would then set a hearing to hear both of your reasons for the court to have, or not to have, jurisdiction. Likely you would have to appear for that hearing anyway, making moot the issue of where the actual trial would be .

I suggest you return her money. Make sure you get PROOF of receipt.

Also, based on your post, it would appear that your claim that these puppy's are "raised in a ihome environment" when they are really kennel raised is likely deceptive. I suggest you change that... and consider including a venue statement into your written contract.

 

[SnowCajun]

I suggest you return her money. Make sure you get PROOF of receipt.

I only saw they are having to deal with someone having buyers remorse after putting down a healthy deposit on an expensive puppy! It's not s4mu8l's fault that someone wants to break the contract, they should have been absolutely positive of what they wanted before sending in the downpayment in the first place!

It's disgusting what lengths people will go to in effort to bully people around. Who gives a rats behind if the buyer works for an attorney or not, that's just words, idle bully threats to scare s4mu8l into submitting to their demands. s4mu8l has done nothing wrong here! People make up all sorts of excuses to get out of buying something they've changed their minds on!

I can't find anything at all on the Moon Valley Kennel web page that makes me feel these puppies aren't loved and adored, or treated with anything less that the utmost of loving care. Personally I think the buyer is the one in the wrong here and not due a refund at all period, they knew the rules before hand, if they weren't completely sure they should never have sent in the deposit in the first place! Personally I can't see where s4mu8l should refund anything at all, unless just they just want to avoid the troubles of standing up for themselves!

Also, based on your post, it would appear that your claim that these puppy's are "raised in a ihome environment" when they are really kennel raised is likely deceptive. I suggest you change that... and consider including a venue statement into your written contract.

I have a friend who raises and sells Yorkies as a business, every single one of her puppies raised in her home and trained by her until they reach the age where they can be sold and she's classified as a kennel also. These are super small dogs, not big birddogs that need a huge kennel to romp in. To suggest that this person doesn't raise her dogs as she claims only because they have "kennel" in their name is just not right. That in no way what so ever indicates she's not personally hand raised and trained these puppies with absolute quality and loving attention! Isn't saying it like that synonymous with "judging a book by its cover"???

It all comes down to the fact that the buyer knew the name of the place before they ever sent in the deposit. They're not even trying to give the dog a chance, to me this is obviously a case of "buyers remorse" and if she doesn't want the puppy then she's out her deposit as the agreement orginally stated. This dog was reserved and pulled out of the forsale list and put on hold for the buyer because the deposit was sent in, therefore I feel s4mu8l is due this money if for no other reason than by pulling this dog out of the forsale lineup it may well have cost her sales or offers by others interested in this pup.

No I'm not an attorney.
SnowCajun

 

[s4mu8l]

SnowCajun - thank you for your detailed opinion response. That is exactly how we feel. We have nothing but quality, loved Yorkies. Each and every one of them knows their names and have a life that is better than that of some people. I appreciate your point of view.

 

[s4mu8l]

One more thing...

I FORGOT to mention that this person wanting her deposit back is a convicted criminal for fraud and grand larson, among a laundry list of other things. The name on the Western Union Receipt has the name that is on her criminal background check, but in her emails, she refers to herself as a different name, and she wanted us to put a entirely different name on the papers (has the same maiden name as she, so we suspect it is her daughter). This, also, I feel will justly hold up in court. In one of our emails, we casually started the email by her first name that is on the criminal background check, and when she wrote back she said she had no idea who we were talking. Funny ... because that first name is on the WU receipt! Come on, we're not the smartest people in the world, but I wasn't born yesterday!