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Buying dog from breeder with no exit clause

  • Last Updated:
  • Jan 9th, 2021 11:54 am
[OP]
Deal Addict
Apr 22, 2014
3003 posts
1291 upvotes
, ON

Buying dog from breeder with no exit clause

I put few hundreds dollars deposit for buying a puppy from a breeder (registered with CKC) in Calgary. In the invoice it says the deposit is non-refundable. I was aware of it.

My question is do I have any power to get the money back from small claims court? The first litter didn’t have the specific puppy that we want. The second was cancelled due to false pregnancy. When I contacted the breeder to get money back, he insisted that the deposit is non-refundable. However, there is no timeline as to when I can get a puppy. It sounds like I can wait I indefinitely. Also, how do I know if he is not scamming me and is having me to wait for nothing?
6 replies
Deal Addict
User avatar
Oct 4, 2001
1402 posts
71 upvotes
If they gave you a choice of a puppy, how can that be a scam? Most deposits are clearly stated to be non-refundable. I doubt it is worth or winnable in a small claims. I would just wait and get the best puppy when it is due. I don't think you can be picky during these times because demand is through the roof. Most breeders have several coming online in 3 -4 months. Currently top reputable breeders are 12+ months waiting list during covid. If you gave your deposit through etransfer or cash...forget it. If paypal than you can file a non-delivery complaint and get money back.
All is not golde that outward shewith bright...lydgate
Deal Fanatic
Mar 21, 2010
5639 posts
2463 upvotes
Toronto
I don't think there's much you can do because you turned down the puppies offered, unless your contract specifies exactly what type of puppy it is for and none of them met those specifications. If it wasn't this way, people could just reject every puppy regardless in order to exceed the timeline and get their money back, making the "non-refundable" part meaningless. If the breeder is not in breach of the contract, small claims court isn't really going to do anything (what would the allegation even be?).
[OP]
Deal Addict
Apr 22, 2014
3003 posts
1291 upvotes
, ON
Manatus wrote: I don't think there's much you can do because you turned down the puppies offered, unless your contract specifies exactly what type of puppy it is for and none of them met those specifications. If it wasn't this way, people could just reject every puppy regardless in order to exceed the timeline and get their money back, making the "non-refundable" part meaningless. If the breeder is not in breach of the contract, small claims court isn't really going to do anything (what would the allegation even be?).
The invoice specifically mentioned the gender and color that I want. The first litter didn’t have what I want. The second litter was false pregnancy.

The issue that I have is what could possibly indefinite waiting time and there is no exit clause to determine what is “too long”. I mean if other general breeders who breed the same kind of dog the wait time is for an example 1-2 years, and hypothetically speaking what if after 4 years I still don’t receive my dog? Where is the line to either keep the good faith and keep waiting, OR to realize that this is a scam and this breeder is going to make me wait indefinitely. I know there are things that outside of our control, but what are the chances that one has to wait three time or more longer than other similar breeders. I hope that make sense?
Sr. Member
May 21, 2015
910 posts
443 upvotes
Sarnia, ON
A contract like that cannot go on indefinitely. Regardless of their being no exit clause there is the expectation of having the contract fulfilled within a reasonable amount of time for what is considered normal in such circumstances,. What that amount of time is I don't know, but say it's 2.5 years then you won't have a case to argue until that time has passed.
Sr. Member
Oct 17, 2008
586 posts
137 upvotes
Earth
Makes me wonder how comfortable are you to purchase something that is not guaranteed (not born yet) ...lol...

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