Karon:
The pup was her responsibility, even if you had paid for it ahead of time - (which of course you should not have done. )
A deposit is sufficient and ethically I suppose she should should not have asked for nor accepted more than a deposit. and speaking of which, a deposit is only NON refundable if the buyers simply changes their mind because let's say, you found a puppy sooner, elsewhere. If you came to view or even to pick the pup up and there was something r really wrong with it - sickly, poor condition, not registered, not purebred - etc. then you are entitled to a deposit refund BUT an unscrupulous breeder would likely argue the point. although if that were happening and she noted it, she would have forewarned you and offered you the opportunity to wait for the next litter. You could do so OR you could choose not to. and again, that is YOUR choice as none of this is YOUR fault, and legally you are entitled to your deposit back. EVEN IF SHE SAYS SHE IS GOING OUT OF BREEDING, TOO BAD, SO SAD - SHE IS OBLIGATED TO REFUND YOUR MONEY.
Also as a breeder/seller, she MUST have a business licence for the town/city she lives and does business in.
You might want to check at the town hall, and threaten to report her - #1 to the Town Hall who will make her be licensed (no big deal, just hassle for her) BUT perhaps she doesn't pay income tax - esp if she is not licensed. You can make an anonymous tip to Income Tax - whatever it is called in your state and you better believe they will check her out. Income Tax evasion is BIG trouble. Doesn't hurt to investigate a bit.
Like I said, you can easily do any and all of these things to get your money back.
If it were me, I would give her one more chance and tell her you are about to take legal action - do NOT warn her about the Licence or Taxation. Just do it.
But until you take possession of it, it is HER responsibility and considered to belong to her.
For example, what if you paid and she came to deliver and your place was in now way appropriate - I mean TOTALLY -would she have kept your money and let you have the puppy? No I hope not -= the puppy she would say - still belongs to her and she can still make the decision as to let it go to you or not.
what if you bought a new car but let's say it was a special order and had not arrived yet, but you didn't want the money to burn a hole in your pocket, and so you paid in full for the car.
En route to the dealership from the manufacturer, the 'car hauler;' had an accident and several cars, including YOURS were totalled.
Is it still YOUR car cause you had paid for it, so tough luck lady.?
or is it the seller's car until it has been delivered to you AND the papers are in your hand transferring ownership to you?
Do you have papers 1. stating you bought said described puppy and it is your responsibility? (of course not - there is no such binding document.)
or do you 2. have transfer and registration in your hands stating YOU are the sole owner, and that the pup has been paid for in full and will be delivered to you by such and such a date, in good health and condition?
No of course you don't (and if you do, you have as proof anyway that 1. pup has not been yet in your possession and in fact died, and therefore you require your money back. or she may have a Contract stating that if the pup you had purchased turned out to be unsuitable (for your purposes) I.e. pet, show, breeding, whatever, you would get either your full money back or the opportunity to wait for a replacement pup.
It is a 'simple' as that.
By the way, if you do have ANY kind of a written and signed contract from the breeder, You can copy it to me, if you wanted to??
Jeanne😱
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