How to get the return of a deposit if a non-refundable deposit policy was never disclosed to us?

Breeder will not refund $500 deposit for an upcoming litter. We were first on list for a male, with 2 others waiting behind us. We cancelled before the pups were born. Only 1 male was born anyway. We never signed a contract and were never told of a non-refundable policy. The website states nothing of a non-refundable policy. Breeder claims this is how breeders work. We are new to this. Shouldn’t we have been told of the policy? How do we get our refund?

Asked on October 18, 2011 under Business Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of most states in this country there is no such thing as a non-refundable deposit given the circumstances that you have written about.

If your written agreement with the breeder says nothing about a non-refundable deposit, you are entitled to have the return of your $500.00 deposit paid back to you promptly by the breeder.

I would write the breeder a letter demanding payment of the $500.00 by a set date. If not paid by the set date, your option is small claims court.

Good luck.


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