Rozzie Posted November 1, 2011 Share Posted November 1, 2011 They didn't change their mind... she did. Link to comment Share on other sites More sharing options...
huskies4life88 Posted November 1, 2011 Author Share Posted November 1, 2011 Thats what i have explained to her over and over over again. she classes them not being able to get the airport a fault on their behalf and they have changed their minds and that they are legally responsible for covering all additional travel expenses because the original agreement was that she took the pup to the airport. but because she couldnt get there on the day has arranged for dogtainers to pick the pup up from her house, and has agreed to pay half of the additional cost. so my mum said to them you either pay the whole amount of $100 or I will take you to court. and then said to them, you either refund my money then in full or i will take you to court because under the companion animals act 1998 it states that apparently she hasnt received the pup yet so she has to give all of her money back, and that if she already had the pup then she would have to refund 50% then if she changed her mind?? i read that act over and over again and it states nothing of the sort about deposits etc.. now the breeder doesnt want her to have the pup ( i understand why completly) and has offered to give 50% back after she resells the pup to someone else. Link to comment Share on other sites More sharing options...
rajacadoo Posted November 1, 2011 Share Posted November 1, 2011 Why doesnt your Mum organise another day for the pup to fly, therefore going back to the original plan of the breeder dropping the pup at the Airport ... Sounds soooo easy ... Link to comment Share on other sites More sharing options...
Andisa Posted November 1, 2011 Share Posted November 1, 2011 (edited) I'm beginning to think there's more to this story than simply no longer wanting the puppy due to an additional $50 for interstate freight. If you really think about it, $50 to fly a dog interstate seems really cheap so I'm wondering if your mother did indeed change her mind about wanting a puppy. Could you have offered to loan her the extra $50 if she really couldn't currently afford it? I know that if I so desperately wanted a puppy enough to have placed a deposit and follow-up payments, I'd take it no matter what. I'm surprised she didn't opt for the breeder's second option of longer term payments myself and believe they've been more than fair to your mum. She's starting to sound quite immature if she can't accept that she was in the wrong -- however I totally relate to how you're feeling though. After all, it is *much* easier to blame someone else for your screw ups than to accept responsibility yourself. Hope your mum grows up quick and releases that in the scheme of things, 50 bucks isn't worth all your troubles. her original quote was $245 and then its was an extra $100 because the breeder couldnt make it to the airport and the pup had to picked up from the house instead and the breeder has offered to pay $50 of the additional cost for the muck around. I am being sympathetic of the breeder, her father has a bacterial infection which is eating away his stomach and has to go into surgery on the day the pup has to be flown out, which is why she cant take the pup to the airport herself, hence the extra amount from dogtainers. and because of this as i stated, she has offered $50 contribution to the extra costs, I have offered my mum money....she still thinks that its the breeders fault and that they have changed their mind blah blah and changed things on their end hence they should be held liable for any extra expense? i hate feeling this way about my own mother this breeder is going through hell with her fathers illness and my mum is hassling them over a measly amount of money.... This is still confusing me. The original purchase price of the pup was $850. The breeder reduced the pup to $750 because your mother is interstate. The breeder now has a family emergency and needs to make other arrangements to get the pup to the airport for $100 and has offered to pay half of that - $50... Your mother should have expected to pay the original $850 + transport costs, she still could have had the pup $50 less than the original purchase price (not including transport) - your mother is very unreasonable and simply does not deserve the pup now.. If I was the breeder I would say "see you in court" - I would not be handing a pup over to her after all this either. It is obvious that your mother has simply changed her mind about wanting a pup. Your mother agreed to a purchase price knowing the deposit was non refundable - she even managed to get the pup discounted by $100 due to location (I would not have done that). The breeder has a family emergency (which sounds serious and could mean further delays) and has needs to make other arrangements to get the pup delivered to the airport and has gone halves in the extra expense of only $50....there really is no pleasing some people no matter how hard you try. I feel very sorry for the breeder. Edited November 1, 2011 by Andisa Link to comment Share on other sites More sharing options...
Mags Posted November 1, 2011 Share Posted November 1, 2011 Sorry if I was the breeder there is no way I would let your mother have an animal of mine. Not only does her behaviour suggest she is not committed but why would anyone want to be lumbered with an ongoing problem which is what it is clear your mother would be. I feel really sorry for the breeder and hope this is sorted without a significant waste of her time and money. And people wonder why some breeders ask so many questions, turn people away and refuse to take deposits - this would be why. Though it doesn't sound like we are taking about a deposit your mother has clearly been making ongoing payments for the puppy. Why couldn't your mother save up the money herself and pay the breeder before the puppy came home? No way would I want to go through what this poor breeder is - for gods sake she is dealing with a family crisis - a little understanding from your mother would not have gone astray especially as the breeder seems to have gone out of her way to be helpful. Link to comment Share on other sites More sharing options...
Rozzie Posted November 1, 2011 Share Posted November 1, 2011 , you either refund my money then in full or i will take you to court because under the companion animals act 1998 it states that apparently she hasnt received the pup yet so she has to give all of her money back, and that if she already had the pup then she would have to refund 50% then if she changed her mind?? i read that act over and over again and it states nothing of the sort about deposits etc.. now the breeder doesnt want her to have the pup ( i understand why completly) and has offered to give 50% back after she resells the pup to someone else. Get your mother to show you where it says that. I suggest she stop the hysterics, suck up the fact that SHE is wrong and be grateful for whatever she gets. Link to comment Share on other sites More sharing options...
Steve Posted November 1, 2011 Share Posted November 1, 2011 Thats what i have explained to her over and over over again. she classes them not being able to get the airport a fault on their behalf and they have changed their minds and that they are legally responsible for covering all additional travel expenses because the original agreement was that she took the pup to the airport. but because she couldnt get there on the day has arranged for dogtainers to pick the pup up from her house, and has agreed to pay half of the additional cost. so my mum said to them you either pay the whole amount of $100 or I will take you to court. and then said to them, you either refund my money then in full or i will take you to court because under the companion animals act 1998 it states that apparently she hasnt received the pup yet so she has to give all of her money back, and that if she already had the pup then she would have to refund 50% then if she changed her mind?? i read that act over and over again and it states nothing of the sort about deposits etc.. now the breeder doesnt want her to have the pup ( i understand why completly) and has offered to give 50% back after she resells the pup to someone else. What companion animal act? They are different in every state and just because your Mum is living in Queensland means nothing to the state she bought it from. Link to comment Share on other sites More sharing options...
juice Posted November 1, 2011 Share Posted November 1, 2011 I feel really sorry for the breeder who is doing all the right things. I would step away if i was you, she is not going to admit she is in the wrong, and is blaming the breeder for her change of heart. The breeder could just keep the pup and offer her nothing, which is what she deserve's right now. Link to comment Share on other sites More sharing options...
Gretel Posted November 1, 2011 Share Posted November 1, 2011 As a breeder I have found it stressful enough putting a baby puppy on a plane to someone I've not met. No way would I be sending your mum a pup Link to comment Share on other sites More sharing options...
Steve Posted November 1, 2011 Share Posted November 1, 2011 As a breeder I have found it stressful enough putting a baby puppy on a plane to someone I've not met. No way would I be sending your mum a pup Yep. Not a chance. Link to comment Share on other sites More sharing options...
huskies4life88 Posted November 1, 2011 Author Share Posted November 1, 2011 I told my mum on facebook chat last night, that i think she is being ain immature SOB and that Im not going to fight her battles for her, and that the breeder has offered EVERY option available. hmmmmmmm........family... Link to comment Share on other sites More sharing options...
ness Posted November 1, 2011 Share Posted November 1, 2011 Hmmm breeders my shoot me but my view would actually be the same as the mothers - the pups are still only 5 weeks old there is a possibility that a new home might be found before they were due to leave anyway. So effectively they are costing the breeder no more then they would have otherwise - if she manages to find a new home before they go at 8 weeks then she is at no greater loss then she would have been and therefore they should offer a full refund. That is unless the breeder has occurred additional expenses as a result - i.e. if they have registered papers in the name of your mother. Link to comment Share on other sites More sharing options...
JulesP Posted November 1, 2011 Share Posted November 1, 2011 I would actually be pretty pissed off too at the extra transport costs. Not sure I would be pulling out of the sale but I wouldn't be at all happy having to pay the extra money. I have heard before (from a laywer) that you aren't legally entitled to keep a deposit. Really the breeder has broken the agreed contract. Link to comment Share on other sites More sharing options...
Keira&Phoenix Posted November 1, 2011 Share Posted November 1, 2011 (edited) Hmmm breeders my shoot me but my view would actually be the same as the mothers - the pups are still only 5 weeks old there is a possibility that a new home might be found before they were due to leave anyway. So effectively they are costing the breeder no more then they would have otherwise - if she manages to find a new home before they go at 8 weeks then she is at no greater loss then she would have been and therefore they should offer a full refund. That is unless the breeder has occurred additional expenses as a result - i.e. if they have registered papers in the name of your mother. A deposit is for the security of both parties. If you place a deposit on something and then change your mind you lose your deposit that is how it works. If you were going to buy a car and you put a deposit on it so the seller wouldn't sell it to someone else etc etc and you then changed your mind about the purchase the seller of the car would not refund you the deposit. Put yourself in that situation, someone says they are going to buy something from you and give you a deposit, you turn away other purchasers and take down advertisements then the buyer turns around changes their mind and expects you to refund the deposit....you have to readvertise and go through the process of having people look at the item again. This is an even longer process for a breeder because they don't just sell pups to anyone like you would a car. You null and void the point of a deposit if you have to refund it if the other party changes their mind. I believe the breeder is being extremely reasonable. She will have to re advertise and spend time vetting new families, time is money. ETA - The added transport costs are definitely a pain but to change your mind over $50 is pretty ridiculous and really points out the fact that she clearly isn't that fussed on whether she gets the pup or not. If she really wanted the pup she could have gone ahead with the purchase and fought the breeder over the $50 bucks (something so insignificant it isn't funny) later. The breeder had already discounted her $100 off the price of the pup. And the breeder can't help that she had a family emergency. Edited November 1, 2011 by Keira&Phoenix Link to comment Share on other sites More sharing options...
ness Posted November 1, 2011 Share Posted November 1, 2011 (edited) Except there has also been a change in conditions i.e. the amount due has varied (and even if that amount only varied by $1) legally it would be enough to make the contact void. You would need new acceptance of the changed terms and conditions which has not occurred in this instance. Edited November 1, 2011 by ness Link to comment Share on other sites More sharing options...
Baileys mum Posted November 1, 2011 Share Posted November 1, 2011 As a breeder I have found it stressful enough putting a baby puppy on a plane to someone I've not met. No way would I be sending your mum a pup Yep. Not a chance. + 2, but I would probably just give back all the money paid just to be rid of her. Link to comment Share on other sites More sharing options...
huskies4life88 Posted November 1, 2011 Author Share Posted November 1, 2011 $250 was the inital deposit. the rest was payments made so im assuming that the $250 is the non refundable part because thats the deposit. Link to comment Share on other sites More sharing options...
Greytmate Posted November 1, 2011 Share Posted November 1, 2011 Except there has also been a change in conditions i.e. the amount due has varied (and even if that amount only varied by $1) legally it would be enough to make the contact void. You would need new acceptance of the changed terms and conditions which has not occurred in this instance. That depends on whether the transport price was given at the time of sale - At the time the deposit was made. If it was clearly stated at the time of sale that transport was a separate charge to a separate company, then the transport price changing should not void the deposit at all. I'm with those that think the breeder should not refund or should only refund a small portion. The breeder has already put work into the arrangements for this dog, and has removed it from sale potentially turning away other buyers, and the deposit will compensate for the wasted time and effort. People that reneg on deals for dubious reasons are time wasters, deposits are the only protection a seller has to avoid being disadvantaged by unscrupulous people. Link to comment Share on other sites More sharing options...
becks Posted November 1, 2011 Share Posted November 1, 2011 Hmmm breeders my shoot me but my view would actually be the same as the mothers - the pups are still only 5 weeks old there is a possibility that a new home might be found before they were due to leave anyway. So effectively they are costing the breeder no more then they would have otherwise - if she manages to find a new home before they go at 8 weeks then she is at no greater loss then she would have been and therefore they should offer a full refund. That is unless the breeder has occurred additional expenses as a result - i.e. if they have registered papers in the name of your mother. That is my view on this, the pups are still of an age where they are to young to leave, there are still 3 weeks to go before they could leave and that can be plenty of time to find a good home for this pup. The breeder may not need to readvertise - they may not have sold all the litter yet. Evenso, it isn't going to be an extra cost, plenty of places to advertise online for free and then there is word of mouth via other breeders, stud owner, breed club etc etc. I'd refund in full and just be glad the woman changed her mind before she got the pup. That said, even with the extra $50 this pup is still costing less then the rest of the litter for people who are collecting their pups, so this just seems a convenient excuse to get out of buying the pup. Link to comment Share on other sites More sharing options...
OSoSwift Posted November 2, 2011 Share Posted November 2, 2011 While I think the breeder is doing the right thing and this person is being unreasonable I too, would refund the whole lot just so I didn't have to deal with her anymore!!!! Link to comment Share on other sites More sharing options...
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