Back in Feb on the 17th, my GF and I went to a Smoothie King and saw a flyer about some puppies for sale. They were Boston Terriers and those were the dogs that we have been looking at for our new home. We called the number on the flyer and talked with the owner and agreed to meet and take a look at the dogs. We met him that night and fell in love with one of the puppies, he told us that they will not be ready till March 11th but he could take a deposit to reserve the dog we picked. We agreed and wrote him a 100.00 (POST DATED for the 11th) check to hold the dog. He was asking 400.00 for the pups, with papers and shots.

The following week on the 27th, we were sheduled to close on our house. At the time of closing the mortgage company screwed up and forgot to add in some taxes and school taxes and blah blah blah, long story short we had to pay more money then we originally expected at closing. So with the extra money we had to put down, we decided that we cannot afford the dog at this time. I contacted the owner and told him of our situation and asked him if we could come by and pick up the check. He told me that he was really busy and that he would have to call me back. I could tell in his voice that he seemed a little ____ed. We then decided to put a stop payment on the check incase he tried to cash it.......

So as time goes by, and as i made my first mortgage payment yesterday, I checked my account and noticed that the check had cleared...WTF...Called the bank and asked them why the check went through, They said that they made an error on thier part, but now we would have to file a fraud claim against the man who cashed the check...Fill out some paper work and eventually the bank will pay us back....So I told them I would get back to them soon. I contacted the guy selling the dogs and asked him why he cashed the check, He told me that it was a non refunable deposit, and that he had the right to cash it. BS! No where ever did he say, or did I sign anything saying it was non refundable. He told me that he had no way of contacting us cause is phone broke, yet we left our numbers on his wifes cell and have called him several times and the moron doesent know how to save a number......I spoke with a Lawyer yesterday, and asked them what I can do, and she told me I have to write them a letter requesting my money, or we will seek legal action against them

So My question is, Should I file a Fraud claim agaist him with the bank and eventually get my money back, sue the guy or am I out of $100.00 bucks?

 

I would say file a claim since it wont cost you anything. Lawyers are expensive and in most situations, keeping them out of the picture is better.

Im not sure what the consequences may be if you file fraud on the guy, but since he is not being cordial nor working with you in this situation then I say f#ck him. Being polite, cordial, and understanding goes a long way, especially during disputes.

 

Thanx Bird

 

since your story is you put down a refundable deposit then you deserve your money back.

But I have(well my woman has) been breeding/selling/showing dogs(akc/ukc) for 9+ years, and here's how every respectable breeder works:
if you want a puppy from their litter you have to put down a non-refundable deposit, (many times before the puppies are even born) because you are asking them to hold your dog and not sell it, without fully paying them. If the guy has a website, or has had other buyers buy from him and that is their story, obviously you're going to have a hard time, and it'll be he said/she said sh~t.

and since he took care of your dog(that's how it will be presented by him), fed, cleaned up, etc... fighting him in court is probably going to get that money reduced.

and a decent boston terrier should be 750+. a $400 one, may be from questionable lineage. Next time you're out searching for a dog, look to only get one that is "show quality", even if you pay a little more now, a dog sold as "show quality", has to have straight teeth, good legs, essentially is a defect-free dog(and if not, you can almost always get your money back if he's not, or get some of it back if you later choose to keep him, because he can't be shown), and if you're going to love him for 13 years, you're not going to want to pay a ton in medical expenses. Boston Terriers are very prone to respiratory problems as do all very-short snouted dogs(boston terriers, french bulldogs, etc...) You might have to lie and say you're going to learn to show with that dog, in order to get him.

fyi: post dating checks means nothing at all. it's not a legal way to put money "in escrow". I can legally take a post dated check and cash it(if i can find a bank who will do it) and say "the guy must have wrote the wrong date." no sh~t

 

I def see where your coming from Dave. If I were in the same situation, AND the "dog breeder" had tried working with me, I would have been inclined to let him keep some of the money because of the reasons you stated above (time, feeding, cleaning etc).

But from my understanding, the guy just took the money and didnt bother trying to work with Taco.

 

that right there means it is now he said/she said ****.

I'd have to see this flyer he had to make sure it didn't say anything about deposits. I'm not calling taco a liar, but sounds like the guy is not a professional breeder, because again, i've not heard about refundable deposits for puppies. I know legally in my state, if someone just says "$300 deposit" on an apt. it is 100% refundable, unless they clearly say non-refundable.

I've had to get money back on 2 puppies I have recently bought, and it is not easy, but only because I bought these as breed&show dogs, and they were barely defective did i get my money back.

There is usually a short window a puppy is easily sold and in someone's home, between 8-12 weeks(breeders should really wait til 10weeks before releasing pups to pet homes, but if you're used to raising pups yourself, usually 8 is fine).

 

The guy isnt a breeder unless he is trying to become one....I tried to contact him about getting my Check back and all he said was let me call you back and never did. He did not make an effort to try to work with me at all. Now he is trying, asking me if I still want the dog...I told him no cause I cant afford to spend 400.00 dollars on a dog right now. i had the money saved for the dog, but I had to use it to put down for closing on my house.

I also gave the guy plenty of notice time to find another owner for the puppy....I dont think he is selling them as fast as he thought he would as he told me he still has quite a few and decided to keep my money

 

bank will cover you since you did make a stop payment request and they will have to eat the cost.. stop payment 25, your check 100, 75 lost to the bank... it's their own fault if there is a stop payment post on your account.. other than that it's he said/she said... sux for you.

 

I will prolly just do a claim through the bank and not have to deal with that a$$ clown

 

Id def say file a claim through the bank, butt can you stab his tires anywayz ? BUBB RUBB STYLE? WOOOO WOOOOO

 

I seriously thought about it...but i was ____ed and then calmed down....Even though..I am a strong believer in Eye for an eye!
THANK GOODNESS FOR GOOD GIRL'S TO KEEP MEN UNDER CONTROL

 

 

Yea, file a claim... you could also send a letter saying you're going to file legal action... just to see if it spooks him.

It's the woo WOOOO!

 

Lesson of this story is to always get a receipt for such things as deposits and make sure it clearly states whether or not the deposit was refundable (under what conditions) or not refundable.

 

Yeah, my lawyer told me to send him a letter......but she wants money....of course we would would sue for those fees aswell....But...I dont want to be in a court room anytime soon again

 

You are correct...I was just looking forward to my new buddy that I wasnt concerned about those things.....I really wanted the dog!

 

Hey, I'm taking that as a lesson too. And good thing it's only your $100 that taught us this lesson too and not several hundred dollars (especially my hundreds of dollars), lol.

Thanks, Teach!

 

Anytime .....But yeah...make sure you get everything in writing.....I have been watching alot of peoples court in the mornings......no wonder Im late for work everyday

 

Thanks for everyones input...I will be filing a Claim with the bank

 

and then bashing his head in with a pipe?

wait... no... i dont know where that hostility came from...