Legal Question in Civil Litigation in California
Verbal Contract
In April I contacted a dog breeder seeking a Labrador puppy. The breeder told me she was expecting a litter on May 22nd and I could send you a check for $100 to reserve one of the pups. At this time she did not disclose a 'no refund' policy, nor did I ask. She told me that the check I was sending her would be held, placed in a folder, and would be cashed when the pups were born. Two weeks before the puppy's due date, she called to tell me the litter had not concieved. At that time she asked me if I would like to be in consideration for a litter that she would attempt later in the summer. She told me that she was going to try and breed two other dogs in late May or early June. I agreed to wait. On May 22nd I located and adopted an adult Lab from the local humane society. I wrote the dog breeder to tell her of my good fortune and ask for my puppy deposit back. She told me no and at that point told me that she had bred the other two dogs two weeks prior and within an hour of my email to her, she went out and cashed my deposit check. Still, no puppy exists and my check has been cashed. Has this dog breeder violated a verbal contract? What can be done?
3 Answers from Attorneys
Re: Verbal Contract
Sue in small claims court. You have a good case.
Re: Verbal Contract
Not only did he wait to cash your check until he knew that you didn't need the puppies anymore; he hadn't even performed. I would argue that once you told him it was off, it was off. While you should have just stopped payment on the check, and NOTIFIED him and not asked him anything, the fact that he sent the check out an hour of your conversation shows that his cashing it was not in correlation with his performing his end of the bargain. You have a great case. Send him a written demand for your money back, and then sue him for it in small claims, if necessary, and add your costs of suit.
Re: Verbal Contract
This is the problem with oral agreements, viz. they are vague as to too many details. What do you think your actual agreement was regarding refunds? If you are unsure, so is the breeder. You and she should make a good faith attempt to compromise your positions, and see if you couldn't get a reasonable amount returned. Even offer to mediate or arbitrate the dispute.
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