I have had a litter of puppies which were booked before birth, (provisionally) up on till then I keep in contact with all puppy buyers and emailed pictures regularly when the puppies where 4 weeks old.
I invited all the new puppy owners to call and choose their puppies and pay a deposit of £100. This lady was the first to choose a puppy she called, picked her puppy and paid her deposit. She was in contact almost daily by telephone and email. I carried on sending pictures and updates of the puppy's progress. She lives 2 hours away and in the same city that I had booked to take the litter for their BVA eye screen. she suggested that I held off until she was able to pick up pup and she could collect the puppy after the litter had been screened from the vets practice after the test which I agreed to and changed the appointment , to make it more convent for her. She called on sat to check that everything was ok for Monday morning and ask again which food the puppies where weaned onto ( which I told her that I had a 2kg sample for her to take with her). Then yesterday evening I got a text message from her to say that she no longer wanted the puppy as "she doesn't think that the puppy is quite the colour that she wanted and she needs to be sure as it is a big commitment" my breeds color comes in a dark shade and light shade and she thinks she would like a darker shade which these puppies are.  But I thought there was no point in me telling her this as I just think it's an excuse.
I went this morning with the puppies to the vets for their eye tests. Then this evening everyone else collected their puppies. Now I have one puppy here at home. She sent me an email this evening asking could she have all or some of her deposit back. I think am more annoyed about the fact that everyone else was waiting until she was ready to collect puppy and they had to wait until the litter was screened which was planned around her plans and then she pulled out last minute I also think her reason is a pretty lame excuse as she had viewed the puppy and has had several updated pictures of the puppy since she booked her. when she called to choose a puppy she told me how she had reserved a puppy with someone else and was supposed to call the breeder back on some certain day but didn't and when she did contact the breeder the breeder had sold the puppy I felt for her and that's one of the reasons I was doing my upmost to help her out. I should have no problem getting this puppy a home. But yet I don't know how much if any of her deposit I should return as I feel she really wasted my time !I only mentioned in a phone call when she first made the enquiry about the puppy that I would require a deposit once the puppies had been viewed if she still wanted me to reserve the puppy. To be honest I can't remember if I said it was non refunable~but i thought that was the thing about a deposit it is none refundable. I still do feel bad for her, but I don't want her taken advantage of me! Am I being unreasonable wouldn't have had a problem if she had have told me this a few weeks ago instead of waiting until the night before. What would you do? Do I just take this as a lesson learned refund her money and in future give a receipt stating that it is none refundable.

Thanks for any advice,

wow that was long but wanted to make sure i had added all the facts.

I would normally always say give the deposit back but in these particular circumstances I would probably not.  really bad to be honest.

I don't think I would either- a deposit is to hold, you decide you don't want then that deposit goes back into finding another home, advertising if this must be- feeding pup till knew owners are found ect ect- thats why deposits are non refundable. Do you have in e-mail or anything else stating that she does not want this puppy so she does not come back and bite you in the @ss. If you do decide to give back the deposit please make sure you have in writing refunded deposit for puppt she did not want with both your siggy's and a witness- sorry I like to cover my butt just to be safe in the long run :)

Sad news but in the end sounds like she may not have been a very good mommy to ur lil one, so better to find someone else.

I wouldn't refund, purely on the basis that you have bent over backwards to help her & in the process of her doing this she has messed around your other puppy buyers. 
I think you've actually been quite reserved given the circumstances.  Maybe next time (if there is one) probably a good idea not to take deposits from buyers to reserve puppies, this way there is no complaints from disgruntled puppy purchasers who back out at last minute.
Hope you find a worthy home for your puppy who will love him no matter what, sounds like she didn't deserve him anyway :)

I would tell her that you will refund the deposit, less the cost of keeping the puppy from now until you have sold it. You have inconvenienced yourself and the other puppy buyers on her behalf.

Personally, I don't think you need to return her deposit. You have fulfilled the terms of it by keeping the puppy for her. Ask her to confirm in writing (or e-mail) that she no longer wants the pup; and that should be the end of it.

What happens then if the lady says ok you wont give me back my deposit i will take the pup as arranged. Are you then not full filling your side of the deal?

I agree she shouldnt get it back and this is why people leave deposits but i do worry people will take the pup for the wrong reasons ie not wanting to lose there money.

Wendy

Has she asked for her money back?  If not then maybe she realises she has no right to it...

If she has asked. then as you stated, might it be better for your peace of mind to just refund and write it up to experience?  I think you could prob argue that you'd be right to keep the deposit - but without an agreement you could also argue that it is right to refund too!!

At least if you refund in this instance then you need have no more contact with this lady and you can be glad that she doesn't have one of your precious pups.  I can't believe that she'd follow it through conception and birth, meet the pups, choose one and then reject it for colour this late in the day - foolish woman.  Perhaps she isn't being truthful but doesn't want to explain why she's changed her mind.

Maybe you could then write a receipt/contract for next time to cover you for a scenario such as this.  As someone else said a deposit is a hold and you can use all or part of it to help with expenses and find a new home. 

tell her to push off- deposit is non refundable. its not like shes losing a fortune. what a time waster but better fo pup in the long run as now you can find better home who will love pup not its colour!

No chance, the deposit is a contract for you to hold the pup for her, if she breaks that contract that is her problem.

You now have to spend time screeing for a new owner, possibly having to feed and socialise the pup yourself for a few weeks, not to mention the absolute inconvenience and time wasting you have been put through.

Can I just check, did you give a receipt for the deposit, did you say none refundable deposit? It probably won't matter as I've never heard of anyone taking a breeder to court for a deposit an even so you would most probably win, as a deposit is a contract, but it would completley cover you if you did say none refundable deposit.

Like I said, no chance would this woman get her money back, what a time waster. :-(

Totally agree with Carrington - do not return deposit.  View it as inconvience money!  I do state on my deposit receipt that it is non-refundable unless at my discretion.

Try and be positive - its fortunate that she has backed out now instead of 6 months down the line asking for help to rehome.  I'm sure a loving home will be found soon for the puppy.

I agree with the others that she doesn't deserve to get the deposit back, but to save yourself future hassle then I would just say she will get the deposit less any costs incurred in the resale of the puppy, when the puppy is sold. Its horrible to be let down so badly by someone but better than your puppy landing up with someone who seems to change her mind on a whim!

I actually think keeping the deposit may well teach her a lesson and may stop her mucking someone else around if she goes for another puppy elsewhere. At least she will think seriously about the implications. I've only bred one litter but did get my puppy buyers to sign a receipt for the deposit stating it was non-refundable. Like many have said you've now got the problems of extra feeding/advertising etc.

This is a tricky one. If you don't return her deposit, there's a chance she may take the puppy and then immediately sell it on. I would be inclined to offer her half the deposit back. Send her a cheque with a letter saying that this is in full and final settlement and if she cashes the cheque she is deemed to have accepted your terms.

I would offer her back what remained of the £100 after deducting any additional expenses incurred through her despicable behaviour, advertising, any vet costs, food bills and dog sitter if required.  If I got a suitable new owner within a week and hadn't incurred any extra costs, then she could have it all back but I'd make her wait ;)

I certainly wouldn't want to risk her saying she'd take the pup after all as she doesn't sound a suitable owner and may also intend to sell it on elsewhere :(  If you insist the deposit is binding, then so too is your obligation to sell her the puppy .....  Not worth it IMO.

Sorry how things have worked out for you.  Hopefully the ideal forever family home is but a short time away :)
best wishes,
Teri

Assuming the deposit is a nominal sum like £50 then I honestly can't see anyone wanting to take a pup just because they would loose that, after all they would spend nearly that in petrol collecting the pup.

I would certainly not return it as you will now have to re-advertise the pup and probably keep it for several Weeks, etc.

What did she think a deposit was?

The deposit was £100 Brainless - and for all we know that could be anything from 25% to 50% of the price of a puppy in the breed .....

I agree most people don't think what a deposit is paid for - possibly merely reserving their choice but not a form of "contract" :(   I think the OP should try and learn from this and move on.

I think she has a nerve asking for any of the deposit back, I certainly wouldn't if I had been her. After all, if you order something like a wedding cake, or a room for a celebration, you wouldn't expect to have your deposit refunded. I know a living breathing puppy is not like one of these, but she did order the puppy and you may well have lost suitable homes by telling people your puppies were booked/sold. She is possibly just trying it on, but what would happen if she did decide to take the puppy?

I think you either refund the deposit and next time make it very clear on the receipt and verbally to the buyer that deposits are non-refundable. Then if something happened at a later date, you could decide if you wanted to return it or not. Or, you make her wait to see how quickly you can find a home (do you have any contacts from others who were interested, you could maybe offer them a second chance) and if it costs you virtually nothing refund all of it, or part if it takes longer. trouble there is you will still have contact with her until the puppy is sold.

Personally, because I didnt make it plain what the deposit represented, I would want to cut ties with her, refund the deposit which means she has no hold on the puppy (and get an email from her to this effect, that she has cancelled the puppy and by accepting the deposit back she has no interest in the ownership of the puppy) and find a new home for the puppy, ensuring next time the deposit is non refundable and everyone knows that.

I don't believe this lady should have her money back, but, I think that at the very least I would e-mail her and ask that she confirms that she definitely does not want the puppy now so that you have a written confirmation so she can't change her mind. Then, I would take off the cost of the eye test and any costs incurred for the time you have to keep the puppy for the time it takes you to find a new owner. I think she has probably booked another puppy somewhere else, after all, she has done this to someone else before hasn't she!

Also, she has seen the puppy so she knows what shade it is, so not a very good excuse is it.

This is why I dont take deposits because I prefer to have the choice of new owner and like to be able to change my mind with no come back.
As a previous poster has said some people would still take the pup because they had left a deposit and they are not the type of families I want for my puppies.
If they cancel then I see that as a bonus because they obviously are not suitable anyway.

What happens then if the lady says ok you wont give me back my deposit i will take the pup as arranged. Are you then not full filling your side of the deal?
 

The lady already has said she doesnt want the puppy it doesn't fill her requirement now. It did at the time of booking but she has obviously changed her mind.

I actually think keeping the deposit may well teach her a lesson and may stop her mucking someone else around if she goes for another puppy elsewhere

Ditto Pedlee.  I don't do deposits myself as I have breed who only has a few pups but I think the lady could do with a valuable lesson.

Thank your lucky stars she didnt take the pup and then decide it wasnt what she wanted. If it wasnt for the fact that you worked around her dates and conveniance i would say hand the deposit back but as you did so much for her and hung on to pups longer than you would have done i would say the deposit was needed to care for pups, expenses etc.
I cant believe that after being in contact so much AND seeing pictures of the pups as well as choosing it, she actually said it wasnt the right colour!!!
Do you have any one interested in the pup? Or will you keep it yourself?

I agree with the other posters......a deposit is non refundable.  I do not breed myself, but I would only onsider givng a discretionary refund in unusual circumstances, for example if a buyer or one of their close family developed an illness that would mean they could not care for the pup, or maybe if someone genuinely lost their job. I am afraid that changing her mind would not count as a reasonable reason for her to break the agreement, and therefore the deposit is yours, and can be used to pay the expenses of bringing the pup on, whilst finding another buyer.

To answer a few of the posts -yes she asked for a full or partial refund, and has stated in the email that she no longer wants the puppy.I wont be keeping her as i have already choosen the girl i wanted from the litter.( will not get attached to this one I HOPE) I have contacted two other people again today who had contacted me months ago, and they have got themselves a puppy now.
I contacted her this evening and explained that it was non refundable. Thank you all for your advice. i will wait now to hear from her again , will let you know the outcome.

Thanks again for all the advice.

Hopefully she'll sling her hook, but she should carry a warning....timewaster...

Good Luck with the puppy. :)

I am afraid that changing her mind would not count as a reasonable reason for her to break the agreement, and therefore the deposit is yours, and can be used to pay the expenses of bringing the pup on, whilst finding another buyer

I have not and never will breed but was thinking that maybe changing one's mind (not necessarily in the scenario the OP is talking about) is actually a responsible thing to do. Would it not be better for a potential owner to change their mind about getting a puppy before it is taken home rather than to take it and then change their mind later?

well she contacted me again saying that the colour was not the only reason she did not collect the puppy. she said that she had an unexpected expence where she has arranged to get a fence repaired for the puppy coming. she did actually mention to me in one of her phone calls that she was getting her fence repaired, and i said yes you will need to make sure your garden is secure but that the  puppy was too young to be left in a garden unsupervised and would be for awhile. she said in her email that she tried to contact the repair man to canel the job but couldnt get hold of him, he turned up unexpected then and she had to pay him £500. i thought she ment she had a little hole or something in her fencing, she said she tried to get a loan to still be able to collect the puppy but was turned down :O. and she thought that i would have refunded her as a good will gesture.
i am thanking my lucky stars as i think me and this puppy have had a lucky escape.

so i sent another email just saying
I understand that unexpected expenses can arise but unfortunately we had entered a verbal agreement, which you agreed to by means of paying the deposit. With regards to the colour of the pup, obviously there is no way of guaranteeing what colour the dog is going to turn out, however having been breeding for several years now, I advised you on my past experience that this dog was going to turn out dark. I have discussed with several other breeding colleagues and have also checked  on an official status and everyone has said that they would not return deposits. The main reason for this being, I now have to find a new home for this pup which means it has to advertised and fed and homed until another suitable buyer comes along. It is unfortunate that you were not able to follow the sale through, however as no part of this is by fault on my side i find it unnecessary on this occasion to return the deposit. This is a general rule that applies to all sales.
Im sure it is as disappointing for you as it is for me that you are unable to take the dog at this stage, however should you find yourself in a position in the future where you are ready to make the purchase, I will gladly offer any advice to you to the best of my ability.

I do feel for her,  am a nice person maybe if she had have spoken to me a little sooner maybe we could have worked something out.  am just not so sure with her using the colour thing, and now the fence. i thought that she was a really suitable home for this puppy.But maybe this puppy has had a lucky escape. what would you do if you where in my shoes, is it a case of she really dosnt want the puppy and is a time waster, or she was trying to do what she thought was the best thing for the puppy with the fence ??????

Stick to your guns Maj, there are too many timewasters out there and maybe this will teach her a lesson. I have the feeling that these are just excuses. She has entered into a legally binding contract with you and has broken that contract.

I don't understand her 'excuse' anyway, she would have been paying the £500 to fix the fence if she had the pup anyway?  Like you have said it is not your problem that she needed a new fence and did not cancel it if she did not wish to have the pup anymore.

Hopefully, she will not mess anyone else around like this, she has certainly learnt a valuable lesson.

I hope that you find a new home very soon for your pup, and would cease contact completley now, until you have your pup placed.  Keep all e-mails but don't write anymore incase you 'accidently' say something you shouldn't.  You don't want the next e-mail to say she has found the money and wants it, don't leave yourself open to anything like that. :-)

and she thought that i would have refunded her as a good will gesture

Sorry, but is the woman mad!  Why should you be wishing her any good will? She did not cancel the pup at 4-5 weeks, she lead you on right up until collection leaving you now with a homeless pup, if anyone deserves some good will it is you, she should be on her knees apologising for her timewasting and leaving you in a predicament, she should infact be sending you a big bunch of flowers and her humble apologies, it goes to show the kind of person she is.

I'm sure you will find your pup a fabulous home, as I said do not write to her anymore, your finished with this person.

If her finances are that tight, should she have been considering getting a puppy anyway?

thank you carrington, i think you are right. i will not be contacting her anymore !