Breeder not refunding deposit

[Rachelontheisland]

A litter of pups were advertised here on DogzOnline. I did some research on the breeder and they seemed reputable -  showed the breed etc.

 

After filling in an extensive application (which again made me feel it was a legitimate breeder), I was told that I selected to be on the waiting list and if I agreed to the conditions provided in a document, to send a copy of my id etc. Done.

 

The pups are born and I get a text message and email at 10pm offering a puppy and I had to let her know ASAP as she had received over 800 enquiries. So I paid a $2000 deposit (from the agreement- "This deposit is refundable (at either your or my discretion) up until the final vet check, microchipping and registration paperwork is done at six weeks old.")

 

Unfortunately at 5 weeks old we had to cancel. I informed the breeder who then said that it was going to cause problems as she had already registered the puppy (but hadn't given us any details or photos of the dog) and that the transport fees to my state had already been paid and were not refundable (despite no dates having been agreed). 

 

I said that I was happy to cover any non-refundable costs which meant I should receive about $1500. It has been 6 weeks now. The breeder said I had to wait until a new home was found, and I also agreed to that (the breed is in super-hot demand right now) even though it wasn't part of the agreement. 

 

My last contact from the breeder was the 25th November (3 weeks).

 

I'm at the point where I feel I need to get a lawyer involved. Just looking for some advice on whether there are other options I could explore first.

 

Many thanks in advance.

[sandgrubber]

Small claims tribunal does not require a lawyer.  I'd suggest googling "demand letter" to find a good template.   Demand a refund by xx/01/2022 and state that you are planning to go to small claims tribunal if the deadline isn't met.  Organise any relevant documents and a chronology.

Be matter of fact.  Not polite, but not threatening.

Edited December 15, 2021 by sandgrubber

[_PL_]

2 hours ago, sandgrubber said:

Small claims tribunal does not require a lawyer.  I'd suggest googling "demand letter" to find a good template.   Demand a refund by xx/01/2022 and state that you are planning to go to small claims tribunal if the deadline isn't met.  Organise any relevant documents and a chronology.

Be matter of fact.  Not polite, but not threatening.

 

This ^^^^ 

write it like someone else will be reading it if you have to go to small claims.

 

You're very generous going off-contract and eating the $500 for the sake of being reasonable. I doubt I would have done the same.

Edited December 16, 2021 by Powerlegs

[Rachelontheisland]

There were some family issues going on so I thought I'd be nice but it seems the legal route is the only option left. Will investigate small claims in the first instance though.

 

Thanks for your help.

[Rachelontheisland]

7 hours ago, sandgrubber said:

Small claims tribunal does not require a lawyer.  I'd suggest googling "demand letter" to find a good template.   Demand a refund by xx/01/2022 and state that you are planning to go to small claims tribunal if the deadline isn't met.  Organise any relevant documents and a chronology.

Be matter of fact.  Not polite, but not threatening.

Thank you for this information. I wasn't aware of a small claims tribunal, so will definitely go that option first.

[sandgrubber]

If you are going the Small Claims route, find out from the local court how it's working these days and get a copy of the forms.  I used the system many years ago.  Covid may have changed procedures.  When I went, in WA, some people (mostly property manager who use the system regularly against renters) did use lawyers.  Those who were layered up were heard first.   It was a tedious day.   I spent almost the whole day in court and won by default because the person I sued didn't show. 

If you win you can probably add the cost of going to Court to the settlement.  This may include lawyer's fees.  So although a lawyer isn't required, and will be expensive, it may still be worthwhile to hire one. 

Edited December 16, 2021 by sandgrubber

[Rachelontheisland]

Thanks. I'm in Tasmania and the Magiatrates Court provides all the forms. They have advised that I shouldn't need a lawyer, but I can use one if I wish. Only lawyer fees will be considered in court costs, not getting there or spending time preparing the claim etc. The breeder is in QLD, so it will most likely be cheaper to just give me a refund than travel to Tasmania (fingers crossed at least).