# Deposit Question



## smilinjack (Feb 10, 2011)

Am I wrong in wanting my $300 back?
After a long search for a reputable breeder I found one in Fl.. I live in Ca.. After seeing a puppy that was 3 weeks old we put a $300 deposit on it. Two weeks later we saw one of her newborns we liked better and moved our deposit to that one. A week later someone didn't take one that was 8 weeks old....we fell in love. We said we would take her on a Wednesday, flew to Fl. on Friday, picked the puppy up on Saturday and were back in Ca. on Sunday. The breeder would not transfer the deposit to our new puppy because on Wednesday I didn't ask to have the deposit moved to the new puppy, nor would refund it. 
She said that if I wanted another puppy she would apply the deposit to a new one.
I am sure her puppies are great but I wonder about her ethics. 

Am I off base here?


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## The Laughing Magpie (Aug 20, 2009)

Wow!!! Why did you not apply the 300 to the purchase price? First off, she should have done that. Under California law you have to return a deposit if you did not get the goods. I do not know about Fl law. Now, I have not consider transactional law as to how you made the deposit. I am so sorry to hear someone did this!!!!! These are the kind of things that burn me up.


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## The Laughing Magpie (Aug 20, 2009)

Oh shoot I forgot!!!!! Welcome to the forum. Pictures we want to see your baby.


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## Tom King (Aug 2, 2006)

That's nuts. In some states, its not even legal not to refund a deposit for any reason. I don't know about the states involved.


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## smilinjack (Feb 10, 2011)

This was just after we picked Stella Grace up.....


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## gelbergirl (Jun 9, 2007)

welcome to the forum.
A real cutie you've got there . . .


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## rdanielle (Sep 2, 2008)

She's a doll! Congrats!

Thats outrageous! The breeder should've applied the deposit to whatever puppy you were buying from them. Sounds like greed got the best of them..


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## whimsy (Apr 3, 2010)

Welcome ...love your little one!! How sweet!


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## smilinjack (Feb 10, 2011)

> welcome to the forum.
> A real cutie you've got there . . .


Thank you....Our new puppy is also! <G>

We lost our beloved Bailey last April after eleven years. She was a Havanese also.
It was time for another one.
Jack


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## pjewel (Apr 11, 2007)

Jack, welcome to the forum. Your little girl is too cute for words. As for her breeder, not so much. I can't believe she would do that. It makes no sense . . . at all.


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## HavaneseSoon (Nov 4, 2008)

Beautiful little puppy! Did I miss your puppy's name? Welcome to the Forum!


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## Suzi (Oct 27, 2010)

Welcome to the forum. That is just strange about the deposit . You sure got yourselves a darling pup


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## SOPHIES-MOM (Oct 4, 2010)

She's a doll! I would not have accepted the breeder's terms. That's ridiculous!


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## waybrook (Sep 13, 2009)

What a beautiful girl....may I ask who the breeder was as I've been considering another Hav and have been researching breeders in FL...


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## The Laughing Magpie (Aug 20, 2009)

Stella Grace is a doll! Cute picture with the proud parents. We welcome you and hope to hear more about Stella Grace.


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## smilinjack (Feb 10, 2011)

yp


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## Pipersmom (Jul 27, 2009)

Welcome Jack and Stella Grace! What an adorable puppy.


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## motherslittlehelper (Mar 18, 2010)

Welcome to the forum and congratulations on your new family member! Stella Grace is a cutie! I agree with the others, however, that the breeder should have transferred the deposit to this puppy.


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## Kathie (Jul 31, 2008)

:welcome: Stella Grace is adorable and I love her name. What the breeder did doesn't seem right. Are you sure they weren't confused??? It doesn't make sense!


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## smilinjack (Feb 10, 2011)

Believe me....no confusion.

I had a private message that guessed the breeder, and they were not surprised!

jack


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## krandall (Jun 11, 2009)

That's just so wrong. I wish you would post the breeder's name. Even if they breed nice puppies, I wouldn't want to do business with someone who is unethical in a business sense either!


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## trueblue (Jan 22, 2008)

Karen, I think he already did.


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## krandall (Jun 11, 2009)

In this thread? I don't see it.


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## GrannyMouse (Sep 3, 2010)

waybrook said:


> What a beautiful girl....may I ask who the breeder was as I've been considering another Hav and have been researching breeders in FL...


We found a great breeder in Florida. She has been wonderful with answering all questions and I've had plenty as this is my first Havanese. She does all health testing and her dogs are raised in her home. You can PM me if you are interested in her name. She has a litter due in the spring.


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## Leslie (Feb 28, 2007)

Karen~ post #16


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## pjewel (Apr 11, 2007)

I'm shocked and very disturbed by this. I would have recommended them in a heartbeat. Now . . . ?


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## Kathie (Jul 31, 2008)

I am too, Geri! We have heard a lot of good things about them in the past but not to deduct a deposit when they bought a puppy from them is ridiculous.


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## LuckyOne (Sep 3, 2009)

Welcome! That breeder is wrong! Just plain wrong. I would look into Florida law and email her your concerns. Emails are legal and that will set the stage for you getting your deposit back. What a lovely pup! Can't wait for more pictures!


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## smilinjack (Feb 10, 2011)

The breeder is Yuppy Puppy Havanese in Ocala, Fl.


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## pjewel (Apr 11, 2007)

Jack, they have wonderful puppies and yours is incredible. I'm just shocked at her business practices.


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## smilinjack (Feb 10, 2011)

I spent $1800 for Stella Grace and I would guess the person that was going to buy her lost her $300 deposit also. My deposit was on another puppy and it appears I will never see it as I won't deal with her again.
I guess this is a case of buyer beware...however with the advent of the internet....don't get between a man and his money!


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## pjewel (Apr 11, 2007)

I think she made a serious error in judgment. A lot of people come here to ask about breeders all over. I wonder how much she thinks her reputation is worth . . . a lot more than $300 I would guess. But then again, as you say, there are other deposits floating around there too. Boy that leaves a bad taste in my mouth.


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## Tom King (Aug 2, 2006)

When you picked up the puppy, was there a sign anywhere that read "No Refunds"?

http://www.leg.state.fl.us/statutes...ng=&URL=0500-0599/0501/Sections/0501.142.html

To make the effort to file a complaint: 
http://www.800helpfla.com/complnt.html


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## smilinjack (Feb 10, 2011)

The only time that we knew we would loose our deposit is when she told us verbally as we were picking up Stella Grace.


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## Tom King (Aug 2, 2006)

It's really sad that there are so many crooks involved with selling puppies, that will try to screw the buyer out of money at any oppourtunity.

Did you read the links I posted? I'd at least file the complaint with the Florida Ag department just so it would be on the breeder's record.


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## smilinjack (Feb 10, 2011)

Tom....thank you for the links. I am going to use them.
jack


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## Mojo's Mom (Jun 6, 2009)

Personally, I would just call her, ask her to have a look at this thread, and ask her if she would like to change her mind before you take further action.

It's wild that you flew all the way down here when there are great breeders in CA!

I had one contact with YP and was not impressed.


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## juliav (Nov 21, 2006)

Wow, I can't believe it. Yuppy Puppy has (or had) a great reputation and her dogs are gorgeous and so is your little Stella Grace. I understand that YP has great dogs that win all the time at big shows and it's so sad that a breeder would put her reputation on the line over $300.  I agree with Mojo's Mom, contact the breeder and direct her to this thread. Hopefully she will do the right thing.

By the way, welcome to the forum. :wave:


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## clare (Feb 6, 2010)

Stella Grace is gorgeous, I hope the bad taste of losing out on the deposit won't detract from the love and enjoyment of your beautiful new pup.Such a shame it can't be resolved amicably.


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## Thumper (Feb 18, 2007)

I would find that disturbing if it were me, and I would not want to do business with someone who did that type of thing, a deposit is a deposit towards getting a puppy, just because you changed your mind on a puppy(which I am sure happens somewhat frequently) isn't a reason to make you put a whole new deposit down and lose the first one,

Karma will make its way back around to her in one way or another,

at any rate, Stella is as cute as can be and :welcome: to the forum!! Lil' fluffy girls are the best.......

Kara


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## dodrop82 (May 21, 2010)

Darn right it will, Kara! I love to watch Karma at work.


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## myyuppypuppy (Oct 4, 2007)

*Beware of Buyer (LOL)*

Dear Jack,
There are 2 sides to every story, what you are not saying is that it was 2 separate Puppies that you asked for. Stella AND Grace.... you are also not saying that you changed your mind twice on which puppy you wanted which I gladly transfered the deposit. And then you decided you wanted 2 PUPPIES. Then after having Stella with you for a couple weeks (and which you tell me she is an absolutely wonderful, smartest, best puppy better than your previous puppy at training) you decided two puppies would be two much and you wanted to wait about a year. At that time, I told you that was fine, you could transfer the deposit to any puppy at a later date. You asked me if this would be good for one and then two years of which I replied, absolutely.

Given your posts, I am quite happy to refund your $300.00, as I have NO INTENTION of doing business with you. However, since I dont feel you are a very honest person, I will do this once I receive reciept of the spay on Stella. This is my business and reputation.. not cool Jack.

Janet Birdsall


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## irnfit (Nov 21, 2006)

There are always two sides to every story. So glad you came on to give your side.


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## pjewel (Apr 11, 2007)

Janet, I owe you an apology. You have reinforced a lesson I learned a long time ago, but forgot for a moment. What we've done here, is act as judge and jury in a case where we didn't have all the information. You've given me a great refresher course and I am sorry.


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## smilinjack (Feb 10, 2011)

Janet, Janet, Janet, Maybe we should begin with the purchase of this little puppy. We saw that she was available on Wednesday night at 11:00 P.M. your time, the 26th of January. We thought that she was so cute and we were anxious to get one, and you told us that she had to be gone by the week-end. We ask if we could pick her up the next week, or the following week-end, because of the quick arrangements, and you were quite stern that No--that would not WORK FOR YOU. You said that we had to pick up the dog THIS WEEK-END! So we broke our necks to fly to Florida from California on Friday, as soon as we could get a flight (This all happened late on Wednesday night, so flying to you on Thursday was impossible) We arrived in Tampa after midnight, Actually, by then it was Saturday morning had to rent a car, went to a hotel, and by the time we got into bed it was 2:00 a.m. We got up and got out of the hotel, and we were on our way by 9:00a.m. We called you and you said that you were going to a dog show at 11:00 or 11:15. As we were driving to beat the band to get there--Our GPS said that we would arrive at your house at 10:50. So Jack ask me to call you and tell you that we would be there before you left the house. You started talking and talking and talking, saying that you were not going to be available on Sunday either, (Yet, you told us that we HAD to get her "this week-end") and I said "you told us that we had to pick her up this week-end" and that we had to come in from California, and that the airlines don't run on our schedule, plus we loose three hours, which makes it dicey accommodating you. You said that you were going to a dog show, and that we couldn't pick her up until late that afternoon, and I ask if we could just get the dog from your Mother, and that wasn't working FOR YOU either. Nothing that we offered was WORKING FOR YOU. I did not want a conflict, so I handed the phone back to Jack and he was driving and listening to you talk, and talk and talk-- you did not know that I had handed the phone to him, so when you took a breath, he being the kind and gentle man that he is, said very calmly, "Well, I guess that we will just turn this car around and go back to California." Then, you said that you would be home a little longer and that we could pick up the dog. When we arrived there was another lady there with her little 5 year old girl picking up Rosie. You had someone else answer the door, you did not greet us at all, it was so weird, we couldn't believe it. And then I heard you talking to that little girl, in a way that I though was not so kind, and I thought that it must be one of your children, or something--until I realized later that she was with her Mom and that she was getting a puppy. At that time, Jack said that we will not take the other puppy, and you just gave him a look, and said that we would discuss that later. (I guess after the other lady left). You told us that you would not apply the deposit that we had on the other dog to Stella Grace. And if we did not take the other dog, we would loose that deposit all together. Rather than argue with you and fight with you, Jack said that we would take the other one, so that we could get out of there with Stella Grace. Then you were in an uproar, because we were flying out of Jacksonville, and spending the night in the Hotel, and you were not happy about that either. We have traveled with a puppy and a dog for the past 12 years. We know very well about airlines, hotels and puppy's. Actually, I can't understand why you were so abusive to us that day. You were yelling at everybody. Are you always like that? Were you under a lot of stress? Even the other lady picking up her puppy was rolling her eyes at your conduct. When Jack called last week to cancel the other puppy and ask for his deposit back, you gave him a lecture on why he is not getting it back. However, you did say that if we ever bought another puppy from you, that you would apply the deposit to it. Fat Chance! I'm guessing the other people that canceled Stella Grace, didn't get their deposit back either. We can understand that if we had not taken a Puppy from you, that you "might" have kept the deposit, but we did take a puppy. And that is just not right. Speaking of integrity--

Bonnie


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## juliav (Nov 21, 2006)

Janet,

I too am sorry for doing something I tell my kids never to do and that is jumping to a conclusion without knowing all the facts. There are always two sides to every story and I should have know better.


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## Julie (Feb 8, 2007)

It sounds like there was allot of miscommunication and indecision on a specific puppy here in this situation.

Sometimes I am told there are breeders and buyers that do not mesh well. Speaking of other situations I have heard of ,not just this specifically.

That being said----Janet co-bred my Quincy and I am thrilled with my boy. He is a very happy,well behaved and gorgeous boy. I did not deal with Janet myself,but rather the other breeder--but I just wanted to say that I am very pleased with my havanese she co-bred.

Okay--I may be a bit biased here---
<--but isn't he adorable? He is so photogenic and a great pal for my special needs son.


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## LuckyOne (Sep 3, 2009)

Sounds like the situation can be resolved. The breeder is willing to refund the deposit. Enjoy little Stella.


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## Suzi (Oct 27, 2010)

It is too bad you all have gotten to this point. The one thing that is bad is that I is so nice to have a good relationship with your Breeder . Spay your puppy and get your $300.00 back


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## krandall (Jun 11, 2009)

Julie said:


> It sounds like there was allot of miscommunication and indecision on a specific puppy here in this situation.
> 
> Sometimes I am told there are breeders and buyers that do not mesh well. Speaking of other situations I have heard of ,not just this specifically.
> 
> ...


I've always thought QUincy was too cute for words! I didn't realize he was a Yuppy Puppy dog.


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## jacqui (Aug 7, 2007)

What an adorable puppy!

As for the breeder I would say that is outrageous. How greedy can you get?


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## Julie (Feb 8, 2007)

krandall said:


> I've always thought QUincy was too cute for words! I didn't realize he was a Yuppy Puppy dog.


Thanks Karen!
Quincy is a 1/2 Yuppy Puppy and I just adore him! Actually Quincy's brother is Yup's Hot Dam Here I Am. <--hope I have that correct. Although-I think Quincy's cuter! :kiss: I'm a proud Mom though! :wink:


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## dodrop82 (May 21, 2010)

There ARE two sides to every story...and then there's the truth, or so they say....Anyway, that's the good thing about Kharma...It always knows exactly where to go.


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## LuckyOne (Sep 3, 2009)

dodrop82 said:


> There ARE two sides to every story...and then there's the truth, or so they say....Anyway, that's the good thing about Kharma...It always knows exactly where to go.


Well said!


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## pjewel (Apr 11, 2007)

dodrop82 said:


> There ARE two sides to every story...and then there's the truth, or so they say....Anyway, that's the good thing about Kharma...It always knows exactly where to go.


Now that's an interesting thought . . . and so true in the end.


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## hartman studio (Feb 14, 2008)

Wow, that's awful that the breeder wouldn't return your $300.00. I would be very upset,too.


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## Mom2Izzo (Jul 1, 2009)

Your puppy is beautiful so enjoy her. I pray she is healthy and brings lots of joy. Hopefully this breeder will see the fault in the way she has treated you. Wrong in my opinion. I know one more breeder I won't choose to deal with in finding my next baby.


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## juliav (Nov 21, 2006)

The breeder actually did post on this thread, did you guys fail to read it????


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## LilyMyLove (Jul 11, 2009)

I read her post, I also read the OP's response to her post. It sounds like a mess. 

Its too bad because YP was on my short list for my next Hav. 

Why would a breeder need a dog gone that weekend? It is just so shady. Deposit or no deposit it sounds like these people were treated very poorly.


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## Thumper (Feb 18, 2007)

LilyMyLove said:


> I read her post, I also read the OP's response to her post. It sounds like a mess.
> 
> Its too bad because YP was on my short list* for my next Hav*.
> 
> Why would a breeder need a dog gone that weekend? It is just so shady. Deposit or no deposit it sounds like these people were treated very poorly.


op2:op2: pray tell....:biggrin1:

Kara


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## Alexa (Jun 17, 2007)

Sounds like the breeder is willing to refund.....so let's just hope that happens, everyone agrees to disagree and then we can just put a lid on this whole mess and move on.


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## galaxie (Dec 1, 2009)

I'm sorry I am late to this thread. I'm not interested in the he said she said here. What I will chime in about is my experience with Janet.

I have two Yuppy Puppies that I could not be happier with. Janet has been nothing but an amazing support and entirely ethical, honest, forthcoming, and genuine person in all of my MANY dealings with her over the past three years.

When (my) Stella's mom suffered from preeclampsia on a litter than Janet was co-breeding with a new Seattle-area breeder, Janet hopped on a plane and hand-raised the pups. Many breeders may have just cut their losses knowing that it was very possible that the pups would have complications associated with the preeclampsia and had the puppies put down because the breeder would not have been able to sell them. Not Janet and Angela (the co-breeder). Every single puppy from Stella's litter survived and, although several pups had nutritional cataracts as a result of the preeclampsia, they were otherwise healthy, wonderful pups. The puppies from that litter went to wonderful forever homes FREE OF CHARGE. I am sure that there are people out there (myself included) who still would have paid for a pup, but Janet and Angela felt it was THE RIGHT THING TO DO to place them for free. Janet even absorbed the transportation costs - flying to Seattle, then to Atlanta, then back to Orlando to deliver Stella and Cooper to their new homes. She even offered to drive Stella to Miami for us, but we were happy to make the trip to Ocala and visit family along the way.

If that doesn't speak volumes about Janet's moral and ethical fabric, I don't know what does.

What I will also speak to is the quality of Janet's puppies. My veterinarian told me after Roscoe's first visit that she had been apprehensive when she heard that a new Havanese was coming in. She has seen many Havs and very few of them had been of good quality. She was blown away by Roscoe's temperament, health, and overall conformation to the Havanese breed standard. She told us that Roscoe is the best specimen of a Havanese she has ever seen. When Stella came home, she was even more impressed. She has seen so many horror stories and health problems with Havanese, yet none of those are present in either of my dogs.

It's too bad that this has occurred between Jack and Janet, but as a very happy double-Yup's mom, I will continue to recommend Janet and her pups without reservation. To me, this entire situation screams MISUNDERSTANDING.


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## GrannyMouse (Sep 3, 2010)

I am quite new to the breed, just getting my first Havanese in November but wondered if there aren't any Havanese in California


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## pjewel (Apr 11, 2007)

There are loads of Havanese in California. I'll let others who live there chime in for details.


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## Brady's mom (Dec 1, 2006)

I do not wish to get involved in a battle between two people, but I do feel the need to tell my experience with this breeder. I think we have all heard one person's negative experience and I think it is only fair to share my positive experience. My Mom had fallen in love with my dogs (of course) and decided that she wanted a havanese. My Mom was not ready to take on a puppy, so we began the search for a young havanese for her. We found Bacca on Yuppy Puppy's website and immediately began trying to find out more. As a matter of fact, not only did Janet have to talk to me and answer all of my questions about showing, health testing, etc, but she also had to field phone calls from Linda who was on the search for my Mom as well. Janet was very helpful and happy to answer our questions. She connected with my Mom and talked to her about what she was looking for and told her all about Bacca. They decided it sounded like a perfect fit. Janet worked with my Mom to figure out a time for her to bring Bacca to Philadelphia for her. I can only say that I completely respect a breeder who will take the time to fly her dogs under the seat in front of her to her new dog owners. I think that is a wonderful way to start a relationship with your pet owners and to treat your dogs and puppies! She met my Mom outside of security at Philadelphia Airport with Bacca and all of the information on him. I think it is so important, especially when dealing with an older dog (Bacca was a year and a half at the time) to be sure that it is a good fit. It was a huge leap of faith to take a dog sight unseen from across the country, but Bacca was everything Janet promised and more. He is the perfect dog for my Mom and Dad. It was meant to be. So, I understand that the original poster here had a bad experience, but I hope that he can move on and take comfort in knowing that he got a great puppy and enjoy her. It sounds like he is getting what he asked for which is his deposit back. I hope with that, he can move and and let this go.


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## Suzi (Oct 27, 2010)

Thumper said:


> op2:op2: pray tell....:biggrin1:
> 
> Kara


 Kara this is the first time I have laughed in days and The whole thing is not funny at all I just love the pop corn :israel::tea::gossip::tape:


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## LilyMyLove (Jul 11, 2009)

Thumper said:


> op2:op2: pray tell....:biggrin1:
> 
> Kara


Haha Kara, I think Lily needs a little brother or sister. I want to get it while she is still young, I can't believe she will be two in April!

Adding a third to our little fam would really change things (esp travel!) so its something I need to consider carefully but I think she would love it (and I wouldnt mind it either!)


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## Mom2Izzo (Jul 1, 2009)

galaxie said:


> I'm sorry I am late to this thread. I'm not interested in the he said she said here. What I will chime in about is my experience with Janet.
> 
> I have two Yuppy Puppies that I could not be happier with. Janet has been nothing but an amazing support and entirely ethical, honest, forthcoming, and genuine person in all of my MANY dealings with her over the past three years.
> 
> ...


Well said Natalie. I was quite to pass judgement before hearing both sides. You have two beautiful babies!


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