QUESTION
I paid a non-refundable deposit on a dog due to be born in September. The breeder informed me that no puppies were born and will not return deposit.
Asked on Sep 29th, 2017 on Business Law - Texas
More details to this question:
Hello, My wife and I paid a dog breeder $250 to reserve a puppy from a specific litter with a due date of 9/28. We were informed this was a non-refundable deposit and the payment was made on 8/30. On 9/28 the breeder posted on Facebook that no litter had been born. We requested our deposit back citing that we had paid the deposit with the expectation of being able to choose a puppy from the upcoming litter. The breeder refused citing that the deposit was non-refundable. While we understand non-refundable deposits to protect from buyer indecision, we don't feel this would be enforceable since no puppies were born. Appreciate any insight. Thank you!
1 ANSWER
I know nothing about dog breeding, but it seems to me that non-rerfundable, unless it has a different customary meaning within the dog-breeding industry of which i'm not aware, means non-refundable, and you assumed the risk. Had you wished to maintain the right to a refund in the event that there were no live births, you could have made that part of your contract, but you did not.
Answered on Sep 29th, 2017 at 9:32 AM