A couple had booked one of my pups, I had spoken to them only once on the phone and on a few occasions on email, don't get me wrong when I met them if they were not right I would have said no and given their deposit back. They did arrange to visit but did not set a date and last minute said they had booked a hotel and were coming down. When I had other commitments and had made arrangements. So they have not met puppy yet just had pictures.

Anyway mentioned they were going on holiday but gave no firm dates etc, the puppy was ready to go end August, have emailed through August weekly telling them pup has had injections etc, pup doing well etc with no reply. sent another email start of September saying do they still want pup etc. no reply to all of these email and thought I would send a final email saying that I have now offered pup to someone else, that was done yesterday and have finally decided I might keep puppy. They have emailed today saying they were away and now want the pup. they paid a deposit.
am I in my right to say pup nolonger available and not return deposit as I would have not have kept this pup for an extra two weeks and honestly started considering keeping him. I know I can just return their deposit and that would be the end. as I now dont feel happy with their commitment to this beautiful boy and feel the home is not as suitable as I thought.

I would go with your gut feeling & return the deposit & keep him(if thats your decision)

I was e mailing/texting/calling my breeder regularly as soon as I knew the puppies were born & there was one for me

Hi yes you are within your rights to refund the people their deposit back, at the end of the day it is your puppy and in my eyes if these people was really interested in the puppy they would of enquired about it and made proper arrangements with you to come and pick him /her up and not left you wondering what was happening. I would refund the deposit as if i thought i wasnt a 100% sure where one of my puppies was going no way would i let it leave my home. With my last litter all the people who wanted one of my pups came almost every week to see how they were doing and socialise with them.
regards polly_45

Am I right in thinking you are wanting to keep the pup and the deposit?  I'm not sure legally, but as you are now refusing them the pup (sounds like you have good cause, and are probably relieved they won't be getting the pup), then I think you may have to refund the deposit.  And in all honesty, as you will be keeping the pup and not have the expense of re-selling it, then, personally, I would simply refund the deposit and bring the matter to a close as quickly as possible.  Is trying to hold on to the deposit worth the hassle you may get from them demanding the puppy?

Under these circumstances I'd refund the deposit. If they had stated that they no longer wanted the pup, but you had been prepared to let them take it away, then I would NOT refund the deposit. I don't like to take a deposit until I've met the would-be owners at least once. That way I know that they are the right people for that puppy.

I think most of the breed club guide lines say once you have offered a puppy to someone and taken a deposit you should not offer it to anyone else until the prospective owners have said that they don't want it.  On this occasion you are not selling it to someone else simply withdrawing it from sale and returning the deposit.  I don't think you have to give a reason, just be firm and say regrettably the pup is no longer for sale.

Be fair, return the deposit if you now intend to keep the pup.

I feel you are totally justified in having reservations about these buyers. When I was waiting for my pup I virtually stalked the breeder! As they have not told you they do not want the pup, then technically you are the one that has pulled out of the deal (even though you have excellent cause). Therefore, in your position, I would return the deposit and keep the pup either for yourself or for a more suitable home. In addition I would make it clear to these people the reasons for your decision. After all, if they can't make time for a simple phone call then what time will they offer a pup? ( Having said that Id bet theyd make time to collect the deposit back from you)

I agree with pinklilies, I was the same about my pups always on the phone to the breeders to see how they were and when I could next visit :D :D

I think that legally you have to notify them that they have to collect the puppy within a certain time or else you will refund the deposit.

It should read something like

Dear Mr /Mrs
                    I wish to inform you that I am giving you due notice that if your final payment and collection of the puppy is not forthcomming within the next ( number of days i.e 14/21) I shall re advertise the puppy for sale and refund the deposit less the cost of the keep.

You should word it something like the above and send a recorded letter to the buyers. Also you do need to keep a copy for yourself along with any previous attempts to contact them. The reason being that should the buyers decide to go to court then you have documented proof that you have made every endevour to give the buyers a chance to complete the sale.

Hope this is of some help

Bazza