Legal Question in Business Law in Wisconsin

Dog Breeder vs. Buyer

I am a dog breeder and I have a buyer who has put a deposit down on a puppy. We are having some differences in scheduling for pick-up time and he has gotten very hostile. I would like to refund him his money and not sell him the puppy. Are their any legal issues with this? Can he then sue me if I refund his money? We do not have a deposit agreement, only the receipt for the paypal payment of the deposit.


Asked on 5/08/08, 8:00 am

1 Answer from Attorneys

Sean Sweeney Tosa Law Office

Re: Dog Breeder vs. Buyer

This is difficult to answer in an e-mail. Contracts can be written, or they can be oral. So it really depends on what you agreed upon, and what you agreed the deposit for the dog was. If the agreement was that he would pay the deposit, and in exchange for that you would hold the dog for him and sell it to him, then I would think there is a possibility that if you do not sell him the dog that you are breaching your oral contract.

The facts are very important for this case, but it is possible that if you are reneging simply because you no longer like the person, or they are being a pain, that they may bother to take the time and effort to sue you in small claims, perhaps for specific performance. (ie selling him the dog.)

Good luck and contact an attorney if you want to get a complete answer based on all of the facts.

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Answered on 5/16/08, 4:14 pm


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