HELP! Breeder Q - Havanese Forum : Havanese Forums
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post #1 of 55 (permalink) Old 11-21-2007, 01:20 PM Thread Starter
 
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HELP! Breeder Q

As many of you know, I have been looking for a Havanese puppy for over a month. I have learned so much on the Forum and I thank each of you for your comments and suggestions.

However, I do have a dilemma and I need some advice. I know I shouldn't have gotten my heart set on a certain color and gender of the puppies, but I did before I joined the Forum. I wanted a black/white girl and I found one that I loved from a reputable breeder but she already had a deposit on her. I continued my search and came across a breeder whom I believe is VERY REPUTABLE. She had three males (none black & white) available and she and I e-mailed and called back and forth about two of the puppies. One sold and I decided I wanted the other puppy. I filled out the application, was approved, and sent her a check and two signed copies of the contract on Wed., Nov. 7. She called me on Sat., Nov. 10 and told me she hadn't received the check and had others interested in the puppy. I told her I had mailed the check and contracts and found out later that day that she had received the package on Sat., Nov. 10.

As of this past Sat., Nov. 17 I had not heard anything. I e-mailed her and asked her to send me some updated pictures of the puppy and to call me at her convenience to make arrangements for me to get the puppy. As of yesterday, Nov. 20, she still had not mailed my copy of the fully executed contract nor had she cashed my check.

It is clearly stated in her contract that she has a "100% refund provided living dog and registration papers are returned to seller." It also states "this animal is guaranteed for 30 days at the option and expense of the buyer. If the dog is found to be unsatisfactory, the seller shall refund 100% of purchase price provided living dog and registration papers are returned to seller."

I think this is very generous! However, I received a call this morning from the first breeder (black/white girl) asking if I had purchased a puppy. The purchaser has decided against getting the little girl and the breeder wanted to know if I was still interested.

I e-mailed my breeder right away. Since she was having someone come by today to look at the third (and final) puppy, I called her to ask if I could cancel the contract and if she had anyone else interested in "my" puppy. She was clearly disappointed (understandably) and said she will cash my check and keep out $200, returning the balance to me.

I feel just TERRIBLE about this. I have cried and cried for the past two hours. I even offered to go ahead and buy her puppy but she said that she didn't want me to do that.

I felt that since she had a 30-day return policy on the dog, the cancellation wouldn't be a problem. I would NEVER have returned the dog within 30 days once I had him.

Can anyone tell me if they have heard of a similar situation. I really am excited about the black/white female but just feel that I have let this breeder down!

Thanks.

Eileen
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post #2 of 55 (permalink) Old 11-21-2007, 01:30 PM
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Yikes... it is a sticky situation! As she is letting you out of the contract but from a business sense, if you returned the dog, you could get all your money back but if you don't purchase the dog, she gets $200??? Hmmmm... Am I reading it right?

Amanda

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post #3 of 55 (permalink) Old 11-21-2007, 01:32 PM
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What?! She said she had others interested in the puppy and wanted you to make up your mind (assuming she didn't have your check), but then you find out that she did have it? I'm lost.

At any rate, no matter the details, I don't understand why she feels she can keep $200 of your money for no reason. Did you sign anything saying you would be putting down a non-refundable deposit?

Without knowing the consequences, and assuming you've not signed anything about a non-refundable deposit, I'd be tempted to stop payment on the check. Of course, I'd need to look into it more, but I don't understand why she feels she earned $200 of your money.
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post #4 of 55 (permalink) Old 11-21-2007, 01:35 PM
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I know a lot of the reputable breeders I've looked into have non refundable deposits. The whole deposit is not refundable so I give this breeder credit for returning a portion of it.
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post #5 of 55 (permalink) Old 11-21-2007, 01:40 PM
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Originally Posted by Havtahava View Post
What?! She said she had others interested in the puppy and wanted you to make up your mind (assuming she didn't have your check), but then you find out that she did have it? I'm lost.

At any rate, no matter the details, I don't understand why she feels she can keep $200 of your money for no reason. Did you sign anything saying you would be putting down a non-refundable deposit?

Without knowing the consequences, and assuming you've not signed anything about a non-refundable deposit, I'd be tempted to stop payment on the check. Of course, I'd need to look into it more, but I don't understand why she feels she earned $200 of your money.



I agree. I would stop it in a heart beat.

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post #6 of 55 (permalink) Old 11-21-2007, 01:43 PM Thread Starter
 
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I agree about the deposit. However, I NEVER signed anything stating there was a deposit of any kind. The only thing I signed was the contract, which clearly states in two places that there is a 100% full refund if the puppy is returned in good health with all his papers. Since I haven't even received the contract, my check has not been cashed as of today, nor have I gotten the dog, I think it's a little odd.

Eileen

P.S. I don't want to seem stingy and shallow. That's not the point. I just wanted others feedback.
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post #7 of 55 (permalink) Old 11-21-2007, 01:48 PM
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Well, if you didn't sign anything about a deposit, then she has no right to keep your money.
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post #8 of 55 (permalink) Old 11-21-2007, 01:48 PM
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Hmm..

I don't understand why she is keeping ANY of your money if the dog never exchanged hands and you haven't received a 'signed' contract, is that correct?

At any rate, I doubt there is anything you can do now because it sounds like Breeder #2 has some hard feelings about you cancelling the adoption, so I know you probably feel bad, but what's done is done. You are more interested in a black/white dog, right? Or else you wouldn't have called her to cancel. I think she/he will get over it, eventually...Not much you can do

Hugs,
Kara
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post #9 of 55 (permalink) Old 11-21-2007, 01:53 PM
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Originally Posted by EK8s View Post
I really am excited about the black/white female but just feel that I have let this breeder down!

Thanks.

Eileen

Eileen,

Congratulations on finding your little dream puppy. This should be a happy time for you and your family. You can't worry about the other breeder too much. You did not have a confirmation from her. I think any of us would have continued to look after no word from her in over a week. I hope it all works out and you get full resolution.

Now, enjoy your new little girl and send us pictures !!
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post #10 of 55 (permalink) Old 11-21-2007, 05:18 PM
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Keeping the $200 is not right but it's not worth loosing sleep or getting upset over. I'd get the puppy you want and not do any more dealing with the breeder who changes at whim. Deposits are more trouble than they are worth.
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