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I could understand if you just changed your mind without a valid reason as they held the puppy for you, but the fact that the dog got sick 1 concerns me period, and 2 affects what you have in your household, hence you have a valid reason.
 

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hence you have a valid reason.
Yes, she does, but she doesn't need to establish any reason for not taking the sick puppy. The vendor couldn't supply her with a healthy puppy of X-weeks of age and she was entitled by law to cancel the contract. Sarah's reasons for not taking the dog would only be an issue if there was some doubt or dispute that the dog was sick/"defective" at the age it was to be supplied. There's no doubt here - the vendor couldn't supply what it was obliged to and the vendor therefore doesn't get to keep the money.
 

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And if they have good quality puppies, shouldn't they have a waiting list of people wanting one? The good breeders I've known always do, so they should be able to give the puppy to some unsuspecting person very easily... and not have to hassle you for your money!
 

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Yes, good point, Holly. Also, it's not very good customer relations. If they hadn't made a fuss, Sarah might very well have waited for another litter and got a dog from that. They've alienated Sarah completely by their reaction. Not only that, but anyone looking at getting a dog like Sarah's puppy will be warned away from the breeder by her.
 

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Discussion Starter #45
I absolutely agree - though tbh I'm not going to bad mouth them. I will, however, always say to anybody paying a deposit to agree exactly what it's for - and the circumstances under which you'd get the option for your money back.
 

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No, you don't have to badmouth them (and really they handled it well in relation to letting you know about the illness), but if anyone were to ask about your dealings with them, they haven't been positive in relation to returning the deposit. That would certainly put me off.

Yes, your comment about terms relating to the deposit is why it is a good idea for businesses to get a written contract drawn up. Although there can still be disputes about the terms of the contract (especially if it is poorly drafted), it can stop some disputes about the matters set out in the contract. Although, if you'd been presented with a contract saying that you wouldn't be entitled to your money back if the dog got sick or died before they handed it over, would you agree? I wouldn't.
 

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Discussion Starter #47
No, I wouldn't either cornetto and this, I feel, is one of my arguments if they still refuse to repay me. They're currently ignoring me (perhaps they're away - or perhaps they're hoping I'll go away?) but I've given them to the end of July to respond and then I write again.
 

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I expect that they may be hoping that you'll give up. They may not give you your refund until you serve them with process. Sometimes that's what it takes to get some people to take you seriously.
 

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So i spoke with someone today who has dealt with breeders...2 things this person mentioned...kennel cough is airborne, if it was in that household, you have just as much of a chance of taking it home once visiting the house as you do bringing the puppy home after the treatment for kennel cough is done. She has never ever heard of kennel cough being shed for months after having it, and she has been working at the shelter for years. The final thing she brought up is you made a deposit on a puppy then decided you didn't want it, so you are not entitled to your money back with breeders she has met.
 

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Discussion Starter #51
That's interesting what your breeder says about Kennel Cough pawzaddict. I spoke to three separate vets about this and all said the same thing - that dogs who've had KC can remain infectious for several weeks after they've stopped coughing. I also have a leaflet about KC from a breeder which says "...a dog that has apparently fully recovered from Kennel Cough may remain contagious for weeks afterwards". Believe me, I was desperate for a vet to tell me otherwise.

If your breeder makes it clear to people paying a deposit the basis on which it will or will not be returned (e.g. "this deposit won't be returned to you if you refuse to take a dog that's ill") then I would absolutely agree that the deposit should be kept by the breeder. The point of a deposit is, in my mind, to ensure that breeders don't get time wasters' and avoid people simply backing out at the last minute on a whim. However, I also feel that the deposit, from the buyer's perspective, should be to ensure that the breeder will provide what has been asked for.
 

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If your breeder makes it clear to people paying a deposit the basis on which it will or will not be returned (e.g. "this deposit won't be returned to you if you refuse to take a dog that's ill") then I would absolutely agree that the deposit should be kept by the breeder.
(Leaving aside any divergence in the law between Wales and here), even then, such a term might not be enforceable. It depends on the circumstances and amount of deposit to be forfeited. A breeder shouldn't have any trouble with an amount that represents dog food x however many weeks they'd need to find another buyer + other reasonable expenses incurred in keeping the puppy for longer, but if they are expecting to keep huge wads of cash under such a clause they might well have trouble enforcing it if somebody were to take action.
 
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