Refund for unavailable puppy not being provided

[Dogtragic]

Seeking advice on an awkward situation.

A deposit was placed late last year  with a long established breeder in Australia for a puppy anticipated from litters due in early 2025 . This breeder is listed in Dogzonline and with the relevant state association .

 

The litters failed … no live pups were available. Communication about this situation from the breeder was not great ( this had previously been  experienced before the breeding had taken place but few other Australian  options were available with this breed).

 

The breeder reported ( eventually and not of their own accord  ) that no pups were available , and that  the deposit could be refunded or held over for a future litter hoped for in March .This was done by email/FB messenger . Initially we were prepared to wait for another possibility of a litter .

 

No further news has been given and no response has been received to multiple efforts at contact , by phone , text , messenger … even from a public post on the kennel’s FB page asking for  any news of another litter.

 

After being VERY patient and understanding about the undoubtedly sad circumstances of unsuccessful breeding, now  multiple direct requests have been made for the deposit to be refunded as offered .
 

This has resulted in NO RESPONSE WHATSOEVER.

 

We are considering state dog association complaint lodgement ( fee involved ) but their website states clearly that they will not become involved in financial disputes .
 

An alternative is to pursue through the small claims tribunal of the state in question. 
 

We are reluctant to comment and identify this breeder via social media as we don’t generally approve of this approach to any dispute and we would greatly  prefer to negotiate this in private . 
 

We are however concerned that other potential purchasers may be in the same situation, or may enter into it. 
 

We are very perplexed by the behaviour, not to mention the financial loss, and we feel some action should be taken to rectify this and to save others .

 

 
 

 

 

[Rebanne]

I would be making the complaint to the relevant body. Don't necessarily weigh the complaint to the money side but more the unethical lack of contact etc. Just so they take notice of the breeders behaviour and hopefully prevent others going down your path. I would engage a solicitor and send a letter of demand for return of your deposit and I would certainly go down the small claims route.

Sorry you are going through this. Oh and I would also let Dogz know about the breeders ethics 

[Dogtragic]

Thanks for that .. definitely the way we are feeling .. it’s more the principle than anything else. 
Interested to know if others have had similar experiences and how they worked out. 

[sandgrubber]

17 hours ago, Rebanne said:

I would engage a solicitor and send a letter of demand for return of your deposit and I would certainly go down the small claims route.

You can write a demand letter without a solicitor.  Google to find examples/online forms.  Letterhead may make it look more serious, but won't make any legal difference.

[Dogtragic]

Thanks for this also . That’s interesting that there’s no difference in legal status between the pro forma freebie variety and the letterhead one . Good tip .