Hi, we paid a deposit for a puppy 5 weeks ago.
We went to see the litter and the breeder showed us the puppy which was left available tom have.

We paid a deposit for him of £200 and have been looking forward to collecting him this week.

Throughout the last 5 weeks we received pictures and videos of the puppy from the breeder. We also have lots of pictures of when we first saw him.

Now, the day before collecting the reader has told us we can no longer have this dog. She has offered us another from the litter as an alternative.
The reason is she now thinks this one has the best markings and she wants to keep him herself.
We were never told this might happen and have been led to believe our dog is the one in the pictures.

Both me and my wife are extremely upset, as we have become attached to the dog we met and have been seeing.

Does anybody know what are our options in this situation baring in mind the above facts.

Thanks

I woukd take back my deposit and run.

No breeder should be letting puppies go at 6 weeks,  a few days short of 8 weeks ( to facilitate weekend puck up)  at the earliest.

If a toy breed then 10 - 12 weeks.

As for the choice of puppy,  unless your deposit receipt expressly stated which pup then really until sold the choice is up to the breeder.

Hi I would disagree with that under contract law I would say that you had every right to expect the puppy that you had selected and that you had been given the expectation, the reader offered her puppies for sale and you agreed the sale based on your choice of puppy and she accepted by taking your deposit, that sounds like a contract to me.  A verbal contract is binding.

That all depends what the deposit was for.

Also if the breeder is a private seller (as most are)  then that won't apply.

If you send a deposit for something and the item is no longer available,  or say an event cancelled,  you gwt your deposit back,  as the vendor did not could not fulfill the contract.

When I take deposits (which are 10%) I make it clear,  in writing,  that they are refunded if for any reason I can't supply the puppy.

It's true you have fewer rights when buying from a private buyer but by sending photos of a particular puppy you have a right to expect that is the puppy you are buying unless the seller made it clear that it may not be the puppy you will get.  At the very least you should take your deposit back, Buyer beware.

I've been on both sides of this situation and it's never a good one. I was interested in a potential show puppy, after of course the breeders picked, and at 8 weeks I went down, having been sent plenty of pics etc, and picked my one. 2 days later they emailed to say their pick now had a wrong mouth and they were keeping mine. Their prerogative of course as people generally breed a litter to keep one to show themselves, but they were pretty callous about it I must say.

Then in my last litter, I was dithering about which puppy to keep myself, and eventually offered the other one to a family, but then made the mistake of mentioning I'd decided to let that one go to another puppy buyer who had initially expressed an interest in that one, and after much thought I did decide to let her have her choice, as we'd built quite a good relationship, whereas the other family had only just come on the scene. They were understandably upset and refused to come and see the litter in case they wanted the other puppy, and all I could do was apologise. Completely my fault for more or less promising the same puppy to 2 people and lesson learned, though I do think if they were that keen on a health tested puppy they might have come to see the litter and consider whether they could form a bond with the other puppy!

Anyway, I do sympathise with your disappointment, and the breeder should have let you know there was a chance she would keep the one you had formed the attachment with. It might be worth going to see the litter and consider the other one you are being offered, but if you're certain that one isn't for you, all you can do is ask for your deposit back. I'm not sure where your post says they were being sold at 6 weeks, but if that's the case then get your deposit back and don't buy one at all, that's far too young.

Think you have the wrong end of the stick (not like you, hard day ?).

They went 5 weeks ago and paid a deposit, so guess 3 weeks old. Otherwise it would have been a visit shortly after the birth.

Bit young to be deciding which to keep and which to sell, hence the problem.

I woukd take back my deposit and run.

I agree with Barbara regarding the above, reason being, if someone gives you 'their word' (takes deposit) then changes their mind, they are obviously someone not to be trusted in my opinion.

I think it depends on whether a specific pup was promised, and deposit specifically made on that pup.  Depending on breed it can be very difficult to distinguish between pups as they grow and, a bond is unlikely to be truly formed through photos.
Unless you have a specific need for a pup with those qualities and you believe in the breeding/breeder I'd discuss your concerns with them and if you're not happy, look for another breeder.   It could be you have had a close escape.  A decent breeder is someone you can communicate with and refer to for the life of your pup.

I read it that they had seen pup at five weeks and were to pick up a week later.

I know no one that makes a definite choice in a litter until after 6 weeks. You may have an inkling,  but need to wait until then for pups to develop leg.

I make it clear that puppy selection is at 7 weeks,  though people are free to have a shortlist.  I do try and. Marry people up with most suitable puppy.  It is fortunate that my breed are one colour with only shade and mask differences that change all the time with pups anyway.

It's an unfortunate fact, for the buyer, that until the puppies are old enough to go to their new homes and the full payment made, they belong to the breeder who is quite entitled to change their mind about which puppy is available.    I had to do this once with somebody who wanted one of mine but who, as time went on, became a real pain to the point that all I could see was a life-time of having her at me with every small thing that might have gone wrong with him.   I told her I was sorry but I'd decided to keep the dog myself - and I did.   Of course she was upset but I knew I'd done the right thing.

It's a pity this happened and had the breeder said she was going to need more time to make her choice (which is understandable) before saying which one was available, all this could and should have been avoided!   It's up to you if she has offered you one of the other puppies and once you have gone back to see the litter, it might be best to take that puppy instead - but are you going to regret this for a long time afterwards?   You could avoid that by taking your deposit back, and going elsewhere!   And as I believe the relationship between breeder and puppy owner should be a good one as you may well need her help and advice at least early days, maybe this can't happen given you feel let down over all this.

"Hi, we paid a deposit for a puppy 5 weeks ago.
We went to see the litter and the breeder showed us the puppy which was left available tom have."

"We were never told this might happen and have been led to believe our dog is the one in the pictures."

Just wondering from the quotes above, did the breeder actually 'promise' you this particular puppy or just 'imply' the puppy may be yours   ....?  Just to be clear.

I am going to take a slightly different view, in my opinion a breeder has the right to keep the puppy of her choice and she has offered you an alternative puppy, I realise that you have formed an attachment but in the long run you will still have a dog that you will love just as much. If you decide that you don't want the other puppy then get the deposit back, put this behind you and look for another litter, in a sense if the litter were identical then you would not know if the puppies had been "switched" so my advice would be to take the puppy and be happy.

I try never to allow people to become fixed on one particular puppy until I have chosen mine, I am happy for them to have a preference but not to think from early on that a puppy is "theirs"  Once I have made my choice then I try and match pups to owners needs taking their preferences into account so by 7 weeks people should know which is which. Only once have I changed my mind at a later date as the pup I wanted at the vet check at 71/2 weeks presented a problem that meant my keeping it ruled out breeding and showing. So I took my second pick and the others had to be re-sorted. The pup with the problem was fine for a pet but not for me. People were a little upset but it was my decision and I offered them the option to walk away with no hard feelings. (I never take deposits) No one did and they were all happy with the puppies they had. But we had known one another since before the litter were born and they knew my stand on things. Its all about getting to know your owners and building a relationship with them. You can walk away, look for another puppy or accept that puppies grow and change as time moves on. The puppy you have will soon become your baby and, unless there is a problem with showing or breeding, as a pet  it should be perfect for you.
Take the puppy as long as you are sure it is a nice happy healthy puppy and enjoy him.

Contact your local Trading Standards Office and furnish them with all the information you have. They will be able to tell you what rights (if any) you have in this situation.

Puppy was seen 5 weeks ago Brainless and advised collection in a week.... If I'd been sent photos during the last 5 weeks same puppy I'd be a bit miffed... Most breeders highlight puppies with colour bands/wool etc think I recall Brainless advising she did this?
Maybe a new inexperienced breeder who didn't realise potential of puppy...
I'd at least go and talk to breeder see the other alternative. If not happy have deposit back.

I have never had my puppy chosen for me I've chosen the puppy from those advised available.  I'd not wish a puppy chosen for me. I'd have made this clear with breeders at start and would have searched for breeder with this thought process...

I do feel some breeders treat non show potential owners with a cavalier attitude. They know nothing so can be back of the queue... I understand breeders breed a potential puppy for themselves but have some consideration for a couple who thought puppy F there from photos sent etc...

It is most unwise to allow people to choose before they are old enough to be assessed.

To some extent hardly anyone ever gets to really choose unless they are first in line, but then its rare even in choosing a pup for show that the same pup will be first choice for everyone.

I have been lucky in that the puppy I have felt most suited a particular family/situation was more often than not the one, or one of, they had been drawn to over the weeks of photo exchanged and visits..

Prior to getting the dog I have now I've always chosen at about 5-6 weeks.
The breeders of my current dog wanted to select a puppy for themselves at 7 weeks and then would decide which puppy would go to which family based on their very intimate knowledge of the puppies and a set of temperament tests they had done with the pups. As it worked out the four bitch puppies were pretty much the same in the tests and they said I could choose which one I wanted. I was absolutely flummoxed as the four pups looked exactly the same (GR's) and I really couldn't decide. So I asked the breeders wife who had spent almost the whole of the last seven weeks with the puppies and had got to know them very well. She described their characters and knowing we were looking for a friendly pup with a lower then average drive, she pointed me towards a puppy that seemed to fit the requirements and has been proven right on both those points.

I assume the puppy that the OP had chosen is of a breed that has different colours and/or markings. I'm not sure how I would feel about that. If I had been expecting to bring home a puppy that looked a certain way and after five weeks told I couldn't have it, I would be upset and it would depend on how I felt about the other puppy I was being offered.
I suppose it really does depend on what the breeder said when the deposit was being handed over, was this for A puppy or a particular puppy. Did the breeder intimate at any time that she may change her mind over which puppy she would have? Was something said along these lines by the breeder but it was missed by the OP in all the excitement.
The breeds of dogs I have bought over the years look very similar especially as puppies (IS and GR's) so could have been swapped for another puppy without me knowing as I would have only seen the puppies maybe for an hour or two spread over several visits. Would I really have known if the GR I chose at five weeks was the same one I came home with.