I would really appreciate some advice as a breeder  has kept my deposit, which they had said was refundable should i change my mind.

I went to see the bitch a week before she gave birth and really liked her temperament. When the pups were less than a week old old and before i had even seen them, the breeder asked for a token payment of £50 to know that i was serious about getting one of their puppies. They said that i could have this back at any time if i changed my mind, which i did when the pups were less than 5 weeks old. They said it wasn't a problem as they had at least 10 people on a waiting list, but my deposit didn't arrive. i contacted them and they told me that they were going to keep my deposit until they found someone else to take my puppy, or if it reached 8 weeks old as they needed it for food etc. but this totally contradicted what they had told me over the phone.

So what do i do now?

To be honest it was a bit daft to give a deposit unless you were sure you really wanted the puppy.  I don't know the circumstances behind your change of decision but generally deposits are non refundable.

Unless you have something in writing I think you have lost your £50.

It is very strange for a breeder to take a deposit and then say it is refundable anyway as it defeats the whole purpose of a deposit.

To be honest, when ever I've bought a pup, the breeders have always clearly stated that my deposit would NOT be returned if I should change my mind without good reason.  Only upon the death of the pup or a problem being picked up would it be returned.

So unfortunately I would say you have lost your depost :-(

Why did you change your mind may I ask?

Guests cannot respond but I would imagine it was because having seen the puppy they were not satisfied with either the puppy itself or its rearing conditions.
I would not return a deposit to someone who changed their mind but then I would not dream of asking for one before the buyer had even seen the puppies.  I feel that if a deposit was given prior to even seeing the "goods" as it were it is not a reasonable contract (verbal or written) and therefore I suggest you have a word with trading standards.  Of course it would be so much better if these things were always spelled out in a written contract describing exactly what could be expected in each eventuality.

I would  reckon that a deposit in the order of £50 would be non-returnable.  

Occasionally people who are very keen will give me a deposit of half the puppy price.   In the unlikely event that they might change their minds afterwards (never happened) I think a part of this should be returned, and a reasonable amount kept back for my inconvenience.

Jo and the Casblaidd Flatcoats

Maybe it varies with the breed, but I always take a £50 deposit. 

I often have to turn away good homes, passing them onto other breeders, if I then find people were wasting my time then I am left with having to readvertise and possibly having to wait some time for the proper home. 

A deposit at least means the person is serious or it covers some inconvenince if they change their minds.  I have found it really weeds out time wasters.

No one has to leave a deposit, but should an eqully good home come along and there is no deposit then the puppyis not considered unavailabkle.

I have returned a deposit where a serious problem arose for the new owners beyong theri control. 

Often people live far to far away to come and visit more than twice.  Most like to come at 4 plus weeks and then to pick pup up.  Those who can are welcome to visit at any time.

Do you mean you take a deposit before they have even seen the puppy?  I would only take note of interest and contact them again when litter born to confirm that I have the sex and colour they desired I would not then expect a deposit until they had seen the litter at about 4 weeks.  I suppose it might be a breed thing, if a breed does not vary much in markings etc perhaps it is OK to ask people to commit just on the basis of the adults.

I always take a deposit when they come to visit the puppies at 4 weeks I would never allow anyone to visit before then as it is far too distressing to the mums and I try if possible to arrange all visits in one weekend.  I would return a deposit if there was something wrong with the puppy in my case deposits are taken and the people have the option to change their mind should they fail their hearing test but for no other reason.

My Mums love to show their pups off, and I welcome visits from as amany people as possible once their eyes are open.  They are quite happy to show them off at a few days old.

I am more worried about visitors once maternal antibibodies start to wane, but not when they are still entirely on Mums milk.

Yes when I know thqt pups are likely to survive I go down my list and ring them, and those who are sure they want a pup are asked to send a deposit.  Anyone undecided will know that there may not be a pup for them if my list is longer than the number of pups, or someone else registers and interest in the meantime.

Yes as pups there is nothing to shose between pups and no one except the breeder would be able to tell them apart as ondividuals easily even at 8 weeks.

I ask for a deposit only when the families have visited, decided which pup they would like and we are all happy with everything.  I too have never had anybody back out, so never had the problem of returning deposits!

Ive never taken a deposit on a puppy - I'd much rather someone say if they didn't want the puppy rather than take it because they are worried about loosing a few hundred quid!
At the end of the day we all have waiting lists so it's not really any bother to find a good home for a puppy.

Regarding the return of deposts - I thought that it was the whole idea not to return the money if you no longer wanted the dog?
It seems a strange idea to take a deposit otherwise.

Likewise, I never take deposits at all for that very reason. Also, if I've accepted a deposit I can't legally change my mind and refuse to sell someone a puppy if I discover something about them which makes me uneasy about their suitability ...

"if I've accepted a deposit I can't legally change my mind and refuse to sell someone a puppy if I discover something about them which makes me uneasy about their suitability ..."

Hi Jeangenie. :-)

You can take a deposit and them if you are unhappy with the buyer refuse to sell the puppy.. it is very simple in a few ways... a deposit/reservation receipt should be used just as a precaution with an under note something like ( subject to satisfactory references, home check with which the breeder has the final and ultimate decision).

A contract can also be terminated if breeder feels she was misled in anything, even if it is only a small detail. This small detail may be material to the breeder in making her decision.

Hi,
It is common practise to take a deposit on a puppy, To sercure it!!
It isn't usually refundable. I personaly wouldn't leave a deposit unless
I wanted the dog.
The puppy is then yours when final payment is  made.
It is like a verbal contract between the two of you. It goes both
ways, the breeder has basicly promised you the pup and not to take
a deposit or sell the pup to anyone eles.
Regards
Denese

We are talking here of a nominal sum of £50.  If I wait until people have chosen tehri pups then I ahve people on my list waiting on tenterhooks wheras I could have put them in touch with another breeder who may be able to help them.

With a breed like ours with under 150 pups a year bred the number of pups and suitable owners can be quite finely balanced.  Turn away a good potential home and find you have had one or more timewasters means possibly a long wait for another suitable home as you have passed people along.  It isn't then fair to poach from soemone elses puppy waiting list to get them back.

It's the legal (contractual) aspect of deposits that bothers me. For example, with one of my litters I interviewed a family (mum, dad, 2 children) who seemed reasonable, and we al asked each other questions. Dad asked whether dals are okay in kennels, and I replied no, they'll survive but they won't thrive or be happy. They agreed a kennel wouldn't be right, and I said they could have a pup, but refused a deposit.

A week or so later I phoned them about some minor detail, and son answered the phone. "Hang on, I'll get dad, he's concreting the kennel run ..."

If I'd accepted a deposit I'd have been obliged to go through with the sale. As it was that pup went to much nicer people.

I agree Brainless I think it varies from breed to breed and the popularity ( rightly or wrongly)

When I have had a litter there are only a few anyway so rarely have to make any commitments but I know and understand fully some breeds have more puppies and can eliminate more quickly for colour and markings etc  . 

As it is I don't so If I know there is going to be a boy or a girl for example I will tell someone who has been waiting there will be a boy or a girl avaliable whatever it is  if I know I am not keeping it based on this. I won't make my mind up 100% until 8 weeks so until 8 week I don't let anyone see or pick a puppy.

I have a self coloured breed etc so eliminating takes a bit more time. If my breed was one with a bit more puppies and variation in colour markings etc I would also sort my buyers out more quickly.

In my recent litter I didn't ask for deposits, BUT when there was just one pup left unbooked a woman phoned and she really REALLY wanted the last puppy. It's a rare breed and she knew she would not be able to get a puppy elsewhere unless she waited for perhaps another year or so. So she asked me if she please could pay me a small deposit (£50) to prove to me she definitely did want the puppy, despite the fact she could not come to see the pups until they were old enough to leave as she lived far away.Being the last person she would not have a choice of pups anyway. (Again with a rare breed people often have to travel really far for a pup so it isn't always practically possible to come to view -I had pups going to Northern Ireland, Cornwall, Devon etc and I'm in Yorkshire.) The woman seemed fine and already had a dog of the same breed, came recommended via another breeder etc, so I agreed and my thought was always that if I didn't like her once she turned up, then I would refuse her a pup and refund the deposit. If she had changed her mind I would NOT have refunded it however.

In the end all was well and the home was a perfect one, couldn't have been better. :) I think sometimes being able to leave a deposit gives the BUYER a bit of peace of mind as well as the breeder.

Marianne

Hi,
I do understand were you are all coming from! But!! If I had left
a deposit, It would be that it had been well thought about, as I do
know there are many time wasters. The last puppy I brought I offered
To leave £100.00 deposit, I didn't find that a problem.
If I had, for any reason, not been able to have the pup, It would have to  have been
a very good one. I would not! have expected my deposit back.
I do agree with waiting lists though! gives you time to vet the new owner ect;
Regards
Denese

The general rule with deposits is that if the potential buyer changes their mind they lose the deposit, to compensate the breeder for time-wasting.

hello all,wonder what would of happened had there only been 1 pup born.....because deposit been paid i think then the pup would belong to guest....(just hyperthetical thought)
cant understand tho why anyone would take a deposit on something that aint there...and 2ndly why anyone would pay a deposit on something they havnt seen....
jayne
but i agree...deposits arnt refundable.

According to the guest, no reason not to believe her, she said that the breeder would return her deposit if she changed her mind for whatever reason that is what she did. therefore the deposit should be returned. Therefore I consider it the next best thing to theft.
As to what the guest should do to get her money back really depends on how determined she is, but I would definately try Trading Standards. 

I agree that it's wrong that the breeder is going back on their word but, unfortunaltely, i would doubt if there is anything that can be done in the absence of a written agreement or contract. Verbal agreements are well known to be worthless as, in the end, it all comes down to one person's word against the other.

deposit are nearly always non returnable they cover the cost of readvertising puppies should you change your mind ,by paying the deposit you agreed to buy the puppy so you have now broken the agreement, so you forfit the deposit. :)

Surey the POINT of a deposit is that you lose it should you change your mind for some reason (unless its for some serious reason, like a death or something).

I cant see the point of asking for a deposit and saying they can have the money back if they change their mind -- why bother??

I think maybe the guest has misheard perhaps?

Em

I never take a deposit on a puppy I take people at their word - they come and see mum with pups. It also gives me time to 'check them out'. If I had taken a deposit and then found something out about them, I am already committed to the contract whether in writing or verbal.  I have only ever refused two poeple puppies and glad I didn't take a deposit! 

When you are taking a deposit you are entering into a contract whether in writing or verbal!

if you have taken a deposit and the buyer has changed its mind  just give then the money back and concentrate on finding a better home for your pup!

I am thinking along the same lines as you Em - no point at all taking a deposit if you will return it for any reason???

Fiona