I have been speaking to a breeder who seems very good and she mentioned that with a previous litter she had decided to refund the deposit and keep two of the puppies for herself.  What would be the purpose of a deposit if it is not to confirm a puppy will definitely be bought or sold.  And if the breeder can change her mind then can the prospective puppy owner ask for a refund if the right puppy is not available?

Not something I would do I don't think but I think it is a sign to the breeder that the person is serious and not just filling in an afternoon looking at pups.Would expect that the breeder would take the deposit on the understanding that a suitable pup was available so yes the breeder would return the deposit if this was not the case. no breeder would want a pup going to a home that did not want it 110%

Ok thanks.  So it would be reasonable to ask at the time of giving a deposit that a refund would be forthcoming if I didn't find a pup that I felt was right for me.

As I often have a waiting list longer than the number of pups available,a nd am also in a numerically small breed with numbers of puppies small,b ut also number of suitable potential owners also not two a penny I take a deposit to stop time wasters.

I can then quickly pass on others on my waiting list to get onto another breeders list and hopefully not have too long a wait.  When I didn't take deposits on my first litter, I had passed up a number of good homes only to find at 8 weeks that people had been playing fast and loose,a and had to re-advertise pups.

One usually has some time to get to know the potential owner and it may transpire that for some reason you decide they are unsuitable after all (only ever did this once), or something happens to one of the pups, or you decide you just can't let the pup go.  For those reasons I would return the deposit with apologies, no-one likes to be messed about.

My deposit is not much more than what many of my potential puppy owners would spend on fuel to visit, so not a sum that would make someone take a puppy they didn't really want, but enough to stop people messing about.

Having most of the homes sorted out early on leaves me free to enjoy my puppies to the full, and I enjoy sending updates adn photos to the new owners so they cna share the process with me.

> So it would be reasonable to ask at the time of giving a deposit that a refund would be forthcoming if I didn't find a pup that I felt was right for me.

Not really, as the breeder would be left holding the baby so to speak and the deposit would be to offset the cost of looking for a new home and keeping the puppy longer.

Generally you will be choosing the right breeder and right breeding (you liek sire and dam and their relatives), if that is done then which puppy is rather immaterial (assuming pups are healthy and of the correct sex), a good breeder should be looking to match the pups accordingly.

I am of course assuming deposits are made after puppies are born.  I do not think ti right to take a deposit before there are pups.

I understand what you say about choosing the breeder and breeding well but it is possible that the right puppy is not available, especially if other people have their choice before you.  It seems a little unfair that in this case the deposit is not returnable but the breeder can take a deposit from a home that has been considered to be a good home and then choose to keep the puppies.  If I had waited many weeks for a puppy I would be devastated to find out I was not to have one.

If you know at the outset that you have first choice or third choice of four, or last choice, then if your not happy you don't make a deposit.

If you want first choice then you have to get onto the top of someones waiting list (though in practice it would be rare to have first choice).

In practise nearly every puppy owner that I have had would have chosen the puppy they ended up with, but it does help to have a breed that do not very much in colour or markings.  From a strangers point of view they all look the same and from one visit to the next no-one would know which puppy was which if not for me identifying them.

I do try to steer people to the puppy best suited to them, but it will be in the order that they have choice.

i heard on this site previously that once you take a deposit it is a binding contract and then you must then sell the pup to that person even if you decide later that you dont like them as owners or they can sue you for breach of contract

Depends on the contract not the deposit.

I never take a deposit, if a new owner changes thier minds then it is better to seek someone else than to run the risk of someone taking a pup if they have had second thoughts...but are worried about loosing a deposit. I feel a deposit more or less gives the new owner reason to expect a pup no matter what. If I change my mind for whatever reasons then no one is tied by a deposit. What cost finding another owner against the wrong one taking a pup because they feel they may loose a deposit.
I would feel that if I had paid my deposit then the breeder should honor it...failing the loss of a pup or some unexpected disaster.
Aileen

Exactly.  I make it clear that the deposit is non refundable unless I am unable to offer a puppy in the end.

As I have said I have only ever once done this, and in fact did the potential owners a favour. 

They had a very unrealistic idea what owning two of the breed would be like, and in fact meeting them several times at breed events it was clear that their much loved and spoilt male was more than enough for them to manage, and they never did get a second one as a companion for the first.

A breeders first responsibility is to their puppies.

> What cost finding another owner against the wrong one taking a pup because they feel they may loose a deposit.

That is pretty unlikely though, unless the deposit is a substantial amount.

My deposit is unlikely to be as much as the average cost of picking the puppy up and getting it home, not to mention interim visits.

For the sake of £50 someone is not going to travel to pick up a puppy they don't really want.

I am not thinking of how the puppies look but of their personalities.  I do think different dogs suit different people and a good breeder will have observed the puppies personalities.  Of course this may change over time but hopefully we would still have a pretty good idea about certain traits.

I didn't mean it would be reasonable to ask for the return of a deposit when the time came to choose the puppy.  I meant that it would be reasonable to ask the breeder before giving a deposit whether they would be willing to return it should I not find a puppy to suit me.  At least then I would be clear about the contract I was taking on.  And the deposit requested is considerably more than £50.

I would have thought that accepting a deposit was a contract which was binding on both parts otherwise why would there be any question that it would not be returned if requested.  In what circumstances would it not be considered a contract entered into by both parties?

Think the handing over of a deposit is a conformation of your intention to buy and the receiving of a deposit is a conformation of your intention to sell but that in its self is not a contract and must be accompanied by a written contract that both should sign the content of which will be agreed by both parties. This contract will state under what circumstances the deposit is refundable, if any.

I never take deposits, anything could happen in the time of the pups being born and them ready for their new homes.

> i heard on this site previously that once you take a deposit it is a binding contract

Years ago I took a deposit (my first litter), from a man who sounded lovely.  By the time pup was ready to leave home, I had found out more about the man.

I returned his deposit, telling him that I couldn't let him have a pup, as he wasn't suitable.

He said that we had a contract, and he would see his solicitor.

I told him to see a b****y solicitor because he wasn't getting one of my pups.

Lesson learned.

I have never seen the reason to take a deposit.
I want no binding reason to remove my right to change my mind.
I have no reason or desire to bind a person to feel obliged to have a puppy from me if they, for any reason, have second thoughts.

Never understood why any one would unless they want to recoup some of their expenses early.