I know what I would do, but can I just ask if anyone finds this acceptable. A lady is buying a puppy, has two dogs already and has paid her deposit. One of her dogs has just been diagnosed with a problem and is going off for further tests (none transmittable illness). The breeder now won't sell this lady the puppy but is refusing to return the deposit. I can understand that the breeder may think that this lady has other things to be dealing with at the moment and is concerned that she will be taking too much on but to refuse the return of the deposit????

It's the breeder deciding to terminate the sale agreement not the buyer - if the buyer changed their mind at the last minute the breeder has the right to hold onto the deposit - if the seller/breeder decided to refuse the sale she must return the deposit or she is basically committing theft. (Otherwise all sorts of unscrupulous people could take deposits from people, never give them a pup and keep the money).

If the buyer decided that she could no longer take the pup due to her change in circumstances then the breeder can keep the deposit - however in this ladies circumstances if she had decided not to have the pup as she had a sick dog to look after I would hope that any decent breeder with a heart would be grateful that she had been honest, made the correct decision to put off buying a pup and I would hope they would return the deposit or at the very least most of it and tell the lady to contact them in a couple of years if she decides to get a pup later down the line - as I believe that would ethically be the right thing to do.

I agree Alison, totally wrong to withhold the deposit, however, the wording on the deposit receipt needs to be read very carefully here too, if there is but a receipt and no 'small print' she is fully entitled to have the money returned as the breeder has changed her mind, not the potential owner.........but, remember there are always two sides.

The breeder may well have asked if there were any ailments with the other dogs, if it were known before the deposit, with no disclosure then she may well be entitled to do this, or the potential puppy owner may well have indicated that having a pup now is not the right time too, or asked the breeder to hold onto the pup for longer whilst tests are done? Leaving the breeder doubtful of full intentions towards the pup. It really does depend on the conversations they have had prior.

However, if it is as cloak and dagger as it sounds, the pup was still wanted, with no impact to its welfare,  it is completely wrong and she needs to seek a solicitor and trading standards, especially if it was a large deposit.

I just have the feeling that it is not quite as simple and straight forward as the potential owner is making out, I really don't like to think breeders can and would be this cruel.

If I were this person, I would ask the breeder to put in writing her reasons for holding onto a deposit in this way, and then a decision can be made as to whether it was within her rights or if it needs legal dealings, but it needs to be in writing so that there are no misunderstandings or hearsay.

As I read this, it's the buyer who has decided not to buy at this time, not the breeder?    To be honest, this is why for the most part, I didn't take deposits and for sure, if any breeder does, the terms of the deposit (refundable or not and under what circumstances) should be on the deposit receipt.  To avoid things like this.    I'd look at each situation as an individual situation, and make a decision on that basis.   If I, as the breeder, wasn't going to be out of pocket as a result of this sale not going through, had enough people waiting on the litter, then I'd pay the deposit monies back and move on.

I'd look at keeping my good name where possible rather than quibble over deposit monies.

ps     If I took a deposit (again!) rather than refuse to give the deposit monies back, and have this buyer perhaps take the puppy and sell it on, I'd make a refund, being thankful I still had the puppy!!

No MamaBas it says the breeder is refusing to sell the puppy.

If the breeder is deciding not to sell then of course they should return the deposit.

It's taking money under false pretences.

In this case I'd return the deposit anyway if the potential owner thought it best not to have the pup due to ill health of other dog.

It is true yes that there are two sides to every story. If the breeder decided to change her mind then she should return the deposit. Is the breeder in the ABS scheme? If so can the KC step in? If a well known breeder of a certain breed could the breed club get involved? If not then you can go through the small claims court. It is now available online the form.
I'd hope if it was a mixture of both seller and buyer having second thoughts a mutual agreement be made.I hope your friend has a good outcome

   I'm wondering whether this was edited because I'm sure I read this differently.   Hey ho.  I stick with the rest of my answer.   Pay the deposit money back and move on.  Who needs all this to be dragged through the Courts!!

On average when is the earliest age you can get an idea of the puppy you will keep to show from a litter. Mine are 4 weeks on Monday.

Totally breed related because there are so many things to think of. In my Papillons it is vital they have a good tail carriage with the tail up above their back and do not readily drop it, in the Malinois you DON'T want the tail high, but both breeds need good earsets -but Papillons want big ears, Malinois not too big. Really depends on what you are looking for. And even for the experienced it's easy to make mistakes. I rejected one bitch for showing as a pup and sold her, she came back aged 14 months and proceeded to win 2 CCs and 3 RCCs (so far)..... But in general, I would say around 6 weeks minimum.