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Old 11-05-2013, 04:39 PM   #1 (permalink)
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Angry Bad breeder

I am curious what others would do. I gave a breeder a $400 deposit for a future breeding knowing who the dam and sire were to be. She told me that her girl was to go in heat in May. I sent her double her deposit to get first pick. May came and went and no heat. I found out that she moved, which when putting the deposit down I was going to be able to pick the pup up and meet the dam. She didn't tell me she moved until she accidentally let it slip. August came and no heat and I found out that she is going to Europe for a month so if her dog goes into heat she won't be there! AND she isn't using the male that I had agreed on and she tells me that the male she uses is none of my business! Well she is refusing to give me back my deposit saying that she will give me a pup when she wants to and that I better be ready to get the pup from the airport whenever she decides to ship it. She has become very hostile with me. She also wouldn't give me any info on the male that she decided to use until I finally figured that her female either wasn't going into heat or had skipped one due to her moving across the country (which isn't impossible) so I said that to her and said that she hadn't given me info on the male, moved so my pup would have to be shipped, the time would be off for when I could get a pup and she broke the written contract and I wanted my deposit back. That is when she freaked out on me told me that I didn't know what I was talking about and that I wouldn't be getting my money back and basically screw me. But she did send me a picture and the pedigree of the male, like that would make up for yelling at me and basically calling me an idiot. She told me twice during our convos that if she couldn't produce a pup for said litter (meaning the mother and father that I put the deposit on) that she would refund the deposit. Now she is saying that she will not give back the deposit even though she was not truthful with me about the parents, the way I would be able to pick up the pup, the time that we agreed on (I told her that I needed a pup around fall of 2013, which is why I chose the breeding she was to have in May over her earlier February litter) all she said was to bad, things change and you will get a pup from me sometime. I am thinking of contacting the AKC to complain. Has anyone done this and did it help or make it worse?

Sorry this is so long

Last edited by BriskaBoo13; 11-05-2013 at 04:43 PM.
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Old 11-05-2013, 04:48 PM   #2 (permalink)
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Awful!

What does your contract state regarding the deposit?
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Old 11-05-2013, 04:49 PM   #3 (permalink)
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Was it a non-refundable deposit? You may have to chalk it up to a lesson learned. Many breeders will not accept deposits until the puppies are born (and likewise, I personally would not pay one since timing is important for me). Shady of the breeder but there might not be anything you can do.
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Old 11-05-2013, 04:50 PM   #4 (permalink)
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What a horrible experience. I hope that you can get your money back. Unfortunately I have no experience in dealing with breeders so maybe someone else can chime in. All my dogs were rescues prior to Raina and I had a friend in Germany pick her out according to my specifications. He did a great job.
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Old 11-05-2013, 05:15 PM   #5 (permalink)
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Heck some places it is against state law to accept a deposit before they are born. Though I don't know if a written contract can change that. So sorry you are going through this.
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Old 11-05-2013, 05:28 PM   #6 (permalink)
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Quote:
Originally Posted by KathrynApril View Post
Heck some places it is against state law to accept a deposit before they are born. Though I don't know if a written contract can change that. So sorry you are going through this.
Can you show the law concerning this and where it is like this. I have never heard of any laws that were so specific, but it will be interesting to see where and what all is in such a law.
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Old 11-05-2013, 05:30 PM   #7 (permalink)
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First I would check your written contract,,kinda sounds like you maybe didn't get one??

If you didn't get a written contract, I hope you have proof of the deposit you sent her (cancelled check?)

Personally, I would send her a certified letter stating, since the breeding did not take place, you want return of your deposit, if you don't receive in xxx days, you will be having your lawyer contact her...

I would also contact AKC tho, they can do nothing about it, they are just a registry.

It would all depend on if and what your written contract states..
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Old 11-05-2013, 05:49 PM   #8 (permalink)
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You might try asking a lawyer to send her a nasty letter. Might cost you a few bucks, but it would be money well spent if you can get your deposit back. You can also go to small claims court. Be sure you have documents to back up what you are saying, receipts, a copy of the cashed check, copies of any agreements signed, emails between you and the breeder, etc. If you talk to her on the phone, note the date, time, and what she said. Document everything! I'm sorry this is happening to you, unfortunately there are an awful lot of unscrupulous people breeding dogs.
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Old 11-05-2013, 06:16 PM   #9 (permalink)
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Do you know this breeder? Have you ever met in person? Sorry...baffles me that someone would send a stranger $800 without actually meeting or getting some sort of paperwork back stating what is expected. My breeder...sent me a contract first, and said to return it with a check for the deposit if I agree to its terms. I would've never just dropped a check into the mail, oh and mine was only $100.

I don't know if the AKC even has a department for this. Maybe they do just to make someone happy, but then they don't really do anything about it. They can't ask her to get your money back, plus they can't guarantee that YOUR story is the truth anyways so what are they supposed to do? Just call a random person out of the blue and threaten to not allow them to register their dogs. Plus that's how the AKC makes money, the last thing they'd ever do is refuse to register dogs.
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Old 11-06-2013, 10:29 AM   #10 (permalink)
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Quote:
Originally Posted by KathrynApril View Post
Heck some places it is against state law to accept a deposit before they are born. Though I don't know if a written contract can change that. So sorry you are going through this.
There is no such law anywhere inn the US.
Unfortunately dogs are considered property and as such are subject to the laws of the uniform commercial code.
If the op has no written contract, the only remedy will likely be small claims court....

I don't understand why anyone would make an oral contract for anything as significant as the purchase of an unborn pup.
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