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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70855
Experience:  Qualified Solicitor
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I’d like to ask you a question about deposits paid on

Customer Question

Hello
JA: Hello. How can I help?
Customer: I’d like to ask you a question about deposits paid on puppies to reserve them
JA: Where are you? It matters because laws vary by location.
Customer: glasgow
JA: What steps have you taken so far?
Customer: I took a deposit to secure a pup on Sunday and the purchaser has changed her mind after 4 days.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: What are my rights as the seller
Submitted: 10 days ago.
Category: Law
Expert:  Ben Jones replied 10 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 10 days ago.

Hi there. Are you a breeder? and what reason would you have for not wanting to return their deposit?

Customer: replied 10 days ago.
I am
Customer: replied 10 days ago.
Because taking a deposit shows commitment from the buyer and stops the sale of the dog to other interested parties that have nought elsewhere
Customer: replied 10 days ago.
Bought
Customer: replied 10 days ago.
I loose a sale to someone else and have to refund a deposit?
Customer: replied 10 days ago.
Are you there
Expert:  Ben Jones replied 10 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 10 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Generally, when a person places an order for something, be it goods or services, and pays a deposit, they enter into a legally enforceable contract with the other side. It is implied that the provider has accepted the deposit as security and as proof that the customer wants to proceed with the contract.

Unless the provider subsequently commits a serious breach of contract, such as failing to supply the goods or services, they are the ones cancelling the contract, or there was a cancellation clause, the customer would have no automatic legal right to cancel the agreement. If they do so they will likely be acting in breach of contract and potentially risk losing their deposit.

Whether the deposit can be retained will depend on what the effects of the cancellation were. In general, the deposit can only be used to cover any actual and unavoidable losses incurred as a result of that breach. It could be administrative costs, some loss of profit, etc.

If this was a business retailer, they will be subject to the Consumer Rights Act 2015. That will make retaining part of the deposit, over and above the losses which they have incurred, unlawful as it would be an unfair contractual term.

So if you can sell the puppy to another buyer, even if not immediately, you would have recuperated most of your losses and can only potentially retain part of the deposit to cover administrative costs, such as extra charges or adverts and a difference in price, if you had no option but to sell it for a lower price in order to facilitate a sale.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 10 days ago.

I hope that your query has been answered to your satisfaction. I just wanted to take this opportunity to remind you that if you needed any further clarification with this query, you should not hesitate to contact me and I will be happy to help. For now, thank you for using our services.