seller refuses to refund deposit

[daydreemer45]

I sent a 200 dollar deposit to someone on the internet for a cairn puppy through paypal. He said that he would mail me a contract/video/pictures. Two weeks went by and nothing was received. I emailed him and no responce. I called and his wife called me several days later and said the pup was sick, I would get the refund in the mail. Two more weeks went by and nothing was received in the mail. I emailed and called, no responce. I went through paypal to put in a claim for this and they do not cover deposits. I emailed him and told him that I would take him to small claims court, he said good luck. He had said through paypal that he would give me another puppy from another litter in the future. No refunds per their contract. I never had a contract to sign. The only agreement was that I would have the puppy on April21st. Nothing was said about waiting for another dog in the future. I paid a deposit for a certain dog that he was not able to give me. I am so angry at this point with his attitude. I did call the BBB and what they will do, I don;t know. If I take this to court, without a contract, I feel I am right to get my money back. Need some advice here please.

 

[Michael Wechsler]

I'm guessing that if you went to small claims court you would likely get your money back. This is because you seem to have agreed to purchase a specific dog, not a dog in a litter. The rule of "specific performance" may apply. This rule is typically applied to real estate because, like your dog, it is unique. Replacing the house of your dreams with another house somewhere else wouldn't be fair would it? That might be the same issue here where you were shown a specific dog. It's a little bit difficult to say this is the case but from what you say perhaps this might apply. If it does then the pup's potential demise might make this contract impossible to perform.

The real question is whether you want to go through the process of going to small claims court - and doing so means you will very likely have to sue in the county of the defendant. If that is nearby then you should be fine otherwise it could be a long trip. Hopefully if you win the defendant will pay...

Decide what you really want. Perhaps the pup really was sick and another pup might do just as well. While it is disappointing, perhaps this might be the best resolution for you with the least inconvenience. Good luck and enjoy your new puppy whenever you get one.