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

UPDATED: Oct 18, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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