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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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we brought a puppy had her three weeks and returned her, we

Resolved Question:

we brought a puppy had her three weeks and returned her, we paid £850 for her the contract states that we will be refunded monies less the £100 deposit but the breeder has said that she must resale her before we can have a refund
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.

can we get our money back as we paid in cash £850 and the breeder has the puppy back

Expert:  Jo C. replied 2 years ago.
Does the contract say there will be a no quibble refund?

What does it say on the point?
Customer: replied 2 years ago.

any refund of monies will be dependent on the age of the beagle the reason for the return and the length of time since the date of sale.

Expert:  Jo C. replied 2 years ago.
Ok. That isn't unequivocal sadly.

How old is the puppy now?

Customer: replied 2 years ago.

12 weeks old

Expert:  Jo C. replied 2 years ago.
I presume you bought at 8 weeks old?
Customer: replied 2 years ago.

yes she was 11 weeks old when returned her and we had her 1st injection and paid for her 2nd injection

Expert:  Jo C. replied 2 years ago.
Thank you.

This really comes down to whether or not there was any automatic right to cancel under the contract. Often these contracts from breeders are without basis as far as the guarantees go and, in fact, this contract does not say that you have an unequivocal right to return a puppy and claim your money back.

However, come what may, they have accepted the puppy back. If they had refused then you may well be in difficulty but that isn't what happened. They cannot keep all of your money and retain the consideration, in this case the poppy, that they provided for the contract.

That said, probably we both know that a puppy is at its optimum value at about eight weeks old. Thereafter the market price of a puppy declines. Therefore the practical reality is that they may be entitled to say that they had to sell him at a discounted price to move on and you are only due refund of that sum.

I'm afraid they are entitled to refuse a refund until resell because they don't know at this stage what price will be fetched and therefore what refund you are due.

In practical terms, we are probably only talking about a couple of hundred pounds and so if you were to issue at this stage it is possible that they will just settle for the full amount but that is the risk that you take.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience: Over 5 years in practice
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