Legal Question in Consumer Law in Massachusetts
Comsumer Law - Deposits
We recently contacted a cat breeder who requested a $100 deposit to look at her 2 available cats to purchase. We looked at her cats and other cats/breeders..2 weeks later, we bought a cat from another breeder, so we asked for the return of the deposit from the first breeder. Now, 2 weeks after our request the breeder says she will only return our $100 deposit when she sells the cat (there were 2 available). Her e-mail said ''I'd ask for a $100 deposit if you could send that now. The balance would be due when the kitten is picked up..'' Is she entitled to hold the deposit pending sale because we did not buy her cat(s)? Thank you
1 Answer from Attorneys
Re: Comsumer Law - Deposits
If you made a deposit, you seem to have implied a willingness to buy. This nonetheless seems sketchy to me -- I have never heard of a used-car salesman demanding a deposit from someone who wanted to take a test-drive.
I do not know whether this is common practice in the cat-breeding business. However, I would demand a return of your deposit, in writing, my certified mail. Clearly give notice that the breeder has thirty days to respond in writing.
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