Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Even though the agreement does not mention it, did you specifically agree on the puppy you were going to buy?
Yes it was the only one offered for sale on a recognised web-site and we have visted now on 3 ocassions and have photos sent to us from the seller & ourselves on each visit...
If it was clear from the discussions that a specific puppy was on sale and that this is what you had both agreed to sell/buy, then this would still form part of any formal contract which was entered into between you. Therefore, the seller's failure to go ahead with the transaction and sell you that puppy can amount to a breach of contract. The issue however is that even though you can try and accuse her of being in breach, you cannot force her to sell you the puppy - no one can actually physically force her to part with it. It means that you would then only be able to pursue her for any actual losses incurred as a result of her actions. Obviously you can get your deposit back but after that it would be difficult to quantify what other losses you may have suffered. You cannot claim for any emotional attachment you may have had with the puppy and you are really looking at any financial losses which you can justify, which I would say would not be great. So you can try and pressure her to go through with the original agreement by threatening breach of contract and to take the matter further but if she is adamant that the puppy will not be sold, then you would have to consider your position, bearing in mind you cannot force her to sell it to you and would then only be able to take this further if you can show actual losses suffered.
I suspected as much, mind you we have purchased many goods associated with the dog but we are still going this arvo to the breeder and will apply some sutle preasure to give us our puppy. thanks Ban
you are most welcome, all the best