huskies4life88 Posted October 31, 2011 Share Posted October 31, 2011 My mother ( without telling me until tonight!!) has gone and put a deposit on a puppy from a breeder a few weeks ago and has also started paying it off. she pups whole price was $750 and she has paid $450, my mother has decided to change her mind and wants a refund...i tried to tell her that this probly isnt an available option. she needs to know if this is illegal, not to give back deposits and payments etc. she has changed her mind with 3 weeks left on the puppy- its currently 5weeks old. ....( i am quite annoyed at my mum so please dont think im condoning her silly behaviour) she has put a deposit on this pup through impulse and is buying it intersate. the breeder agreed to take the pup to the airport and has now has some unforseen news about a family member and wont be able to take it to the airport, so its going to cost my mother $100 extra, but the breeder has decided to pay $50 out of the $100 even though they have stated that all freighting costs are at the buyers expense. the extra $100 comes from dogtainers having to pick the pup up from the breeders door, crate hire etc instead of the breeder taking the pup themselves to the airport. i have told her that I dont think you are entitled to a refund by any means because you have changed your mind over a tiny little extra cost. as i said to her $50 isnt much...atleast the breeder is trying to help. they have also taken $100 off the original price of the pup for my mum due to her living intersate and they wanted to help witht he freight costs. I think they have been reasonable and im trying to tell my mum that i dont think she really has a leg to stand on. I know its sounds horrible her being my mum and all, but i had to be blunt with her. any advice?? please Link to comment Share on other sites More sharing options...
dancinbcs Posted October 31, 2011 Share Posted October 31, 2011 Legally, unless she has something in writing about a refund then, she isn't entitled to one. Having said that, most breeders would refund the money once the puppy was resold, possibly less re-advertising costs. Everyone I know would refund the money but then most breeders I know do not take large deposits, or even take deposits at all. Their main concern is that the puppy goes to someone that really wants it right up to the last minute. If they change their mind then they weren't meant to have the puppy. Link to comment Share on other sites More sharing options...
huskies4life88 Posted October 31, 2011 Author Share Posted October 31, 2011 m mum stated something about the companion animals act where you have 3 days after sale to get 50% your money back for whatever reason or something, i read what she was talking about but it looks to me like it is for puppy farms and commercial breeders etc.. and it also says nothing about deposits my mum took it as though if you havnt bought the pup in full yet you get your money back i love my family dearly but grrrr its hard to get through sometimes.... im glad there is knowledgable people on here....otherwise I think i would be banging my head on a wall hahaha Link to comment Share on other sites More sharing options...
Danois Posted October 31, 2011 Share Posted October 31, 2011 (edited) If you want advice on your legal position then you will need to ring a lawyer or your community law centre and seek advice there. Very few people on this forum are qualified to give such advice. Edited October 31, 2011 by Danois Link to comment Share on other sites More sharing options...
huskies4life88 Posted October 31, 2011 Author Share Posted October 31, 2011 Legally, unless she has something in writing about a refund then, she isn't entitled to one. Having said that, most breeders would refund the money once the puppy was resold, possibly less re-advertising costs. Everyone I know would refund the money but then most breeders I know do not take large deposits, or even take deposits at all. Their main concern is that the puppy goes to someone that really wants it right up to the last minute. If they change their mind then they weren't meant to have the puppy. I agree i want my mum to happy but im also angry at her for buying on impulse.....she wont even tell me what breeder or what breed this pup is.....im hoping to god its not a designer dog Link to comment Share on other sites More sharing options...
huskies4life88 Posted October 31, 2011 Author Share Posted October 31, 2011 If you want advice on your legal position then you will need to ring a lawyer or your community law centre and seek advice there. Very few people on this forum are qualified to give such advice. Thanks i just thought that somebody might have ran into this kind of thing before. much appreciated anyway Link to comment Share on other sites More sharing options...
becks Posted October 31, 2011 Share Posted October 31, 2011 I would just refund the money and be done with it. Link to comment Share on other sites More sharing options...
huskies4life88 Posted October 31, 2011 Author Share Posted October 31, 2011 you can see where the good breeders are. i dont know where she has chosen a pup from.....but meh...she is in a pickle of a dilemma. i hope she can work something out with them.... Link to comment Share on other sites More sharing options...
Steve Posted October 31, 2011 Share Posted October 31, 2011 you can see where the good breeders are. i dont know where she has chosen a pup from.....but meh...she is in a pickle of a dilemma. i hope she can work something out with them.... Your mother isnt showing any symptom to me of buying on impulse. She had to make a decision, go out of her way at least a little to pay the original deposit ,have time to think about it and then make more payments. I wouldnt classify that as an impulse buy. Most breeders would refund the money but not all breeders are loaded and when you think a puppy is sold you tell people who may also want the pup that it is sold . This means the breeder may have to re advertise and may have to keep the pup longer than expected which can also lead to more expenses than they would normally anticipate. So the breeder may refund or refund after the pup is resold and expenses they have incurred because the person has changed their mind have been deducted. Some who can simply put their hands on the money make em wait anyway. But by now most breeders would not want her to have the pup and wouldnt push for her to continue her contract as they dont want dogs going home where they are not wanted. Reality is she put a deposit on to prevent the breeder selling it to someone else and the breeder kept it for her in good faith. People should know what the go is before they put their money on if they pull out and breeders should have this in writing to prevent the confusion if they take a deposit. Im my breed [ Maremmas ] depending on the timing this can really cause me much of a pain. When I know where they are going and what they will be used for I treat them differently - socialise them differently to enable them to either be better suited to walk into a working environment or a pet home. They also do much better if the bonding training starts early as possible so its better for them to go home at 8 weeks . They grow like weeds and cost money and create lots of work which I wouldnt have needed if the person who said they were taking them hadnt changed their mind and it takes loads of time and work to educate potential new owners and ensure you are eliminating as many risks as possible to be sure the dog and the owners will be happy . If I have to go back and re advertise that I still have a pup available when Ive told a couple of dozen potential new owners I dont its not much fun.I also give out stacks of in fo and a new puppy pack way before the pup comes home to ensure the owner knows what to do and what they are getting. In this case the breeder has at a minimum had several contacts with your Mum and done some running around to work out transport which will work etc .They may have relied on the money she has already paid to cover rego fees, vetting etc too. Your Mum is way out of line - done the wrong thing and she should get a grip and understand this from the other side and expect to wait until the pup is sold to someone else and have a reduction due to expenses the breeder has had to incur because of your Mum's crap. More likely the breeder will simply pay up ,take the loss and be thankful she didnt take a pup. Best idea is for her to speak with the breeder and ask her where she stands before she starts to consider threats or legals. Link to comment Share on other sites More sharing options...
Bluefairy Posted October 31, 2011 Share Posted October 31, 2011 Has she explained all this to the breeder? Maybe the breeder will refund the money but hasn't been asked about it yet, and still thinks your mum wants the pup. I have always been led to believe that any deposit you put down on a pup is non refundable. I have known some buyers, have a change of circumstance and they didn't take a pup from that litter, but the money was forwarded onto another litter down the track and the buyers took the next pup. Giving them more time. Why won't your mum tell you what breed of dog she picked? I hope its not a Heinz variety dog too. Good luck Lynn Link to comment Share on other sites More sharing options...
Christina Posted October 31, 2011 Share Posted October 31, 2011 No idea of the legalities but your mum needs to speak to these people first & then decide how much of her rights she needs to know. They may just refund it or ask a small amount to compensate for the messing about. Up to the individual breeder what they do. I know I wont keep a persons money for not giving them anything & would not want my puppy to go somewhere where they changed their mind. Good to find out sooner rather than later. Finding another home is no big deal, especially at 5 weeks old however I am not the person who has your mums money. I would imagine saying you want the puppy & paying some money constitutes a legal agreement. Talk to them without mentioning legalities first. Link to comment Share on other sites More sharing options...
Andisa Posted October 31, 2011 Share Posted October 31, 2011 (edited) This is clearly not an impulse purchase - your mother spent enough time and effort finding a breeder, had conversations with the breeder and made a few payments then weeks later changes her mind. The breeder has been very reasonable about the interstate transport costs - she reduced pmt to help when she could no longer do the trip to the airport herself which is fair. It also proves there has been more than one conversation between the breeder and your mother. Impulse purchase is just that - on the spot purchase with little or no thought about it. I admit that I am curious about the breed, you are a new DOL member. If you have talked about designer breeds before joining a purebred forum then chances are she thought she was doing the right thing. As a dog groomer 95% of the dogs I do are fluffy crosses of some sort - while many were impulse buys, most were not. Don't know if the breeder legally has to refund the purchase price because the buyer simply changed their mind and no longer wants the pup. If there was something wrong with the pup - different situation all together. I would give a refund and be thankful the pup never left home, I don't take deposits but some people will insist, if that happens it is only $100 to keep them happy. A couple of time when people have asked to pay the pup off (they come to visit the pups weekly - shows commitment) I will accept the money but it is placed aside in case it needs to be refunded allowing for an emergency which would mean they are no longer in a position to have a pup at this stage. Sorry if this comes across as rude but your mother is mature enough to know that she has made a mistake, if she gets her money back then hopefully she will put a lot more thought in to the next pup before she buys another one. edited to ask: just re read the op: Legally I have no idea - she needs legal advise. Was anything mentioned about a refund at the time of purchase? When did she decide to buy the pup - made first payment? Pup is 5 weeks old and has 3 weeks to go - how many payments/weeks has it been? Edited October 31, 2011 by Andisa Link to comment Share on other sites More sharing options...
huskies4life88 Posted October 31, 2011 Author Share Posted October 31, 2011 I found out the breed she is getting is a- cavalier king charles spaniel this part i was relieved about The breeder has given her 3 options- continue the contract and take extra time to pay pup off wait for a pup from another litter and the money she has put down will be honoured towards said pup after she resells the pup to a new home she will reinburse 50% of the price she has paid which would be $225 50% because of the stuff around and costs incurred I told her to take the third option. but my mother is insisting on the "full refund" i tried to explain to her that she has been given 3 options and that i think the 3rd option would be fair on all parties. considering the breeder has had to tell a few other people that the puppy has been sold interstate etc. and has lost a few customers because of this, this was the only blenheim puppy in the litter. and also tried to tell her, that after reading alot of info on dogzonline that it costs alot of money to breed and rear healthy genetic tested puppies and the parents and that her getting her $225 back is a fair choice. she has been paying the puppy since it was 2weeks old and the eyes had opened. I thought impulse..because thats how my mother got her cats ( pet store) and got her rabbits ( pet store) i guess she has put some thought into it. I agree with the breeder on one of the emails they stated that they have put the pup aside in good faith for her and steered other buyers clear because it was marked sold, that they have already paid for the vet checks for the puppy and that mother also had to have an emergency casesaran which cost the breeder $1250 etc... and that it is not fair that they lose everything and that she gets away scott free just by changing her mind. i just wish my mum would accept the third offer...I dont want her to bring a pup home that she doesnt want either..... Link to comment Share on other sites More sharing options...
Guest lavendergirl Posted October 31, 2011 Share Posted October 31, 2011 I think what the breeder has offered is fair - though I am surprised that the breeder would still consider selling the pup to your Mum when it is obviously not really wanted. Link to comment Share on other sites More sharing options...
raz Posted October 31, 2011 Share Posted October 31, 2011 My mother ( without telling me until tonight!!) What difference would it have made if she told you prior? If she wanted one enough to put a deposit on a pup and started paying it off, she would have done it regardless of what you said. Sounds to me like this wasnt an impulse buy. Link to comment Share on other sites More sharing options...
Gayle. Posted October 31, 2011 Share Posted October 31, 2011 I never consult my children about getting a new dog......in fact they sometimes don't even know til they come to visit and the new dog is in residence. I don't consider it any of their business, fortunately neither do they. Leave your mum to do her own dealings with the breeder, it's her business, not yours. Link to comment Share on other sites More sharing options...
huskies4life88 Posted November 1, 2011 Author Share Posted November 1, 2011 my mother is the one who consulted me about it I went round for dinner last night and she came out with it and started asking me what she can do etc etc I have already expressed my opinion on what i would do in this situation, and yes it is up to her in the end. i just dont like seeing my mum upset Link to comment Share on other sites More sharing options...
Andisa Posted November 1, 2011 Share Posted November 1, 2011 What a lovely choice of breeds, love Cavs. The breeder has been very reasonable in the refund options as per the contract that you mother agreed to before buying the puppy. :D If your mother no longer wants a Cav then offer 3 is the best way to go and fair. Why should she expect a full refund when she knew exactly what she was doing. The breeder is not at fault. Link to comment Share on other sites More sharing options...
huskies4life88 Posted November 1, 2011 Author Share Posted November 1, 2011 my thoughts exactly. i hope she makes the right decision by the puppy herself and the breeder. she didnt sign a contract but the breeder did tell her beforehand that deposits were not refundable without reasonable cause etc.. so yes she knew what she was doing. the breeder told her something along the lines of not being a savings account lol i thought that was a lil funny, i would have never thought of putting it that way to someone. that she is not savings account where she banks peoples money until they want to use it for other purposes lol and yes i love cavs if i wasnt a big doggy person i would get one :D thanks for all of your help DOL :) much appreciated Link to comment Share on other sites More sharing options...
Andisa Posted November 1, 2011 Share Posted November 1, 2011 (edited) my thoughts exactly. i hope she makes the right decision by the puppy herself and the breeder. she didnt sign a contract but the breeder did tell her beforehand that deposits were not refundable without reasonable cause etc.. so yes she knew what she was doing. the breeder told her something along the lines of not being a savings account lol i thought that was a lil funny, i would have never thought of putting it that way to someone. that she is not savings account where she banks peoples money until they want to use it for other purposes lol and yes i love cavs if i wasnt a big doggy person i would get one :D thanks for all of your help DOL :) much appreciated She may not have signed the contract but was made verbally aware of the contract that she agreed to - same thing. oh - and size of the dogs doesn't really matter . Edited November 1, 2011 by Andisa Link to comment Share on other sites More sharing options...
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