Breach of contract?
Discussion
I’ll try to make a long story shortish…
Opinions welcomed.
I contacted a (registered and supposedly established) breeder to buy a puppy. We agreed a price and he sent me a contract to sign. I sent a £500 deposit and arranged a specialist pet transport company to collect the puppy and bring it to us and paid them up front.
I filled out the contract and was ready to send it back to him both digitally and electronically, but he then said he needed a form of ID too. I cannot find my driving licence, so I told him this, and asked if there were alternatives, like using my birth certificate etc. No reply. This was Monday, so I reminded him again on Tuesday, offering other ID forms, but no reply. Today I reminded him again, because I want to pay the balance, so it’s cleared before the pet transport people turn up. Only to be told that he “needs to cancel the sale”.
No explanation, no reason given – but my strong suspicion is that he’s found someone who will pay more. I’m out of pocket on the transport costs, and I’m still waiting for the holding deposit to be returned.
I have the entire process in writing as we mostly arranged through email and the paper contract he sent. However, the main thing is, we have planned for this specific puppy, from a specific bloodline, of which there are no other examples of in the UK (it’s a relatively rare breed). And the timing of it was planned for weeks and weeks and is now all for nothing.
I’ve stated that I think he is breaking our contract and that by doing so he is also costing me money and enormous inconvenience, but he doesn’t seem to grasp this concept at all.
I’m planning to seek real world legal advice but welcome any informal info from here.
Opinions welcomed.
I contacted a (registered and supposedly established) breeder to buy a puppy. We agreed a price and he sent me a contract to sign. I sent a £500 deposit and arranged a specialist pet transport company to collect the puppy and bring it to us and paid them up front.
I filled out the contract and was ready to send it back to him both digitally and electronically, but he then said he needed a form of ID too. I cannot find my driving licence, so I told him this, and asked if there were alternatives, like using my birth certificate etc. No reply. This was Monday, so I reminded him again on Tuesday, offering other ID forms, but no reply. Today I reminded him again, because I want to pay the balance, so it’s cleared before the pet transport people turn up. Only to be told that he “needs to cancel the sale”.
No explanation, no reason given – but my strong suspicion is that he’s found someone who will pay more. I’m out of pocket on the transport costs, and I’m still waiting for the holding deposit to be returned.
I have the entire process in writing as we mostly arranged through email and the paper contract he sent. However, the main thing is, we have planned for this specific puppy, from a specific bloodline, of which there are no other examples of in the UK (it’s a relatively rare breed). And the timing of it was planned for weeks and weeks and is now all for nothing.
I’ve stated that I think he is breaking our contract and that by doing so he is also costing me money and enormous inconvenience, but he doesn’t seem to grasp this concept at all.
I’m planning to seek real world legal advice but welcome any informal info from here.
Registered breeder? With who? Kennel Club?Check with them.
Re the pet transport cost, ask them to cancel and refund.
Personally I wouldn’t buy a dog online without seeing it in the kennels. Especially a rare breed with high value.Due diligence would be a must.
Another breeder check would be with the local authority that covers them.
You say you have set your mind in the breed but has that clouded your judgement?
Dog breeding can be a minefield for unlicensed, badly looked after puppy farm type scams, similar to buying cars from dodgy sources!
Re the pet transport cost, ask them to cancel and refund.
Personally I wouldn’t buy a dog online without seeing it in the kennels. Especially a rare breed with high value.Due diligence would be a must.
Another breeder check would be with the local authority that covers them.
You say you have set your mind in the breed but has that clouded your judgement?
Dog breeding can be a minefield for unlicensed, badly looked after puppy farm type scams, similar to buying cars from dodgy sources!
I’ve gotta ask why you didn’t travel to see the puppy in It’s own surroundings?
Whenever we have got a new pup, wherever it is in the country, we travelled to see it, and all of the breeders have never, ever sold over the phone or internet and have wanted us to visit. All but one have also insisted on them visiting our home in person to see where it is going.
Good luck but this sort of thing really pisses me off.
Whenever we have got a new pup, wherever it is in the country, we travelled to see it, and all of the breeders have never, ever sold over the phone or internet and have wanted us to visit. All but one have also insisted on them visiting our home in person to see where it is going.
Good luck but this sort of thing really pisses me off.
mcflurry said:
Does the contract allow for consequential loss?
More to the point, does it specifically exclude consequential loss?The wording of the contract generally will be relevant, but I suspect a small one man band type of business won't give a fig about the contracts and wont be worth chasing down
What a weird way to buy a dog. It's a dog , you know , a living breathing animal , not a car you get delivered because you can't be arsed to drive to view it !
.....or have a misread the room ?
Anyway , on the contract side of things , good luck with that. Due diligence is a 2 way street in this market and I'd be running a mile if it wasn't.
.....or have a misread the room ?
Anyway , on the contract side of things , good luck with that. Due diligence is a 2 way street in this market and I'd be running a mile if it wasn't.
Edited by Far Cough on Wednesday 19th July 13:53
If I was the seller then you're showing me 2 red flags:
1) You're sending a company to pick up the dog, you're not coming to see it yourself? It's not a generic item you're ordering from Amazon without viewing.
2) You can't find ID? Any responsible seller wants to be able to due their due diligence on the buyer and you 'not being able' to find a copy of any photo ID in this day and age is ridiculous.
I would've cancelled the sale as well. It's your fault that you incurred the cost of transport before you'd fully finished making the deal.
1) You're sending a company to pick up the dog, you're not coming to see it yourself? It's not a generic item you're ordering from Amazon without viewing.
2) You can't find ID? Any responsible seller wants to be able to due their due diligence on the buyer and you 'not being able' to find a copy of any photo ID in this day and age is ridiculous.
I would've cancelled the sale as well. It's your fault that you incurred the cost of transport before you'd fully finished making the deal.
SmoothCriminal said:
I know you wanted the specific bloodline but buying a puppy without viewing and then getting a company to transport it to you.....
I'm surprised a genuine breeder would do this unless it was for a working animal.
Buying a puppy having viewed it, seen the dam and site, plus seen pictures and videos of them growing up to 8 weeks or so is something I’ve done before with no hassle at all. It wasn’t booked in with a “man and van”, it was booked in with a specialist pet transporter with air conditioned crates and cuddle stops. I'm surprised a genuine breeder would do this unless it was for a working animal.
sospan said:
Registered breeder? With who? Kennel Club?Check with them.
Re the pet transport cost, ask them to cancel and refund.
Personally I wouldn’t buy a dog online without seeing it in the kennels. Especially a rare breed with high value.Due diligence would be a must.
Another breeder check would be with the local authority that covers them.
You say you have set your mind in the breed but has that clouded your judgement?
Dog breeding can be a minefield for unlicensed, badly looked after puppy farm type scams, similar to buying cars from dodgy sources!
Due diligence was done. This isn’t a puppy farm, it’s a well established breeder. We also weren’t buying blind.Re the pet transport cost, ask them to cancel and refund.
Personally I wouldn’t buy a dog online without seeing it in the kennels. Especially a rare breed with high value.Due diligence would be a must.
Another breeder check would be with the local authority that covers them.
You say you have set your mind in the breed but has that clouded your judgement?
Dog breeding can be a minefield for unlicensed, badly looked after puppy farm type scams, similar to buying cars from dodgy sources!
However, you might be right on the clouded judgment if I’m honest…
Grumps. said:
I’ve gotta ask why you didn’t travel to see the puppy in It’s own surroundings?
Whenever we have got a new pup, wherever it is in the country, we travelled to see it, and all of the breeders have never, ever sold over the phone or internet and have wanted us to visit. All but one have also insisted on them visiting our home in person to see where it is going.
Good luck but this sort of thing really pisses me off.
We did. We always do. I booked flights to Scotland once to do exactly this. But none of this affects the contact issue.Whenever we have got a new pup, wherever it is in the country, we travelled to see it, and all of the breeders have never, ever sold over the phone or internet and have wanted us to visit. All but one have also insisted on them visiting our home in person to see where it is going.
Good luck but this sort of thing really pisses me off.
mcflurry said:
Does the contract allow for consequential loss?
More importantly - is the contract actually signed and agreed? OP seems to imply not.IANAL - so maybe there is sufficient coms to establish a contract, but it a contract was always expected but not put in place, wouldn't the seller argue that it was all "subject to contract"?...
Edited by OverSteery on Wednesday 19th July 16:38
J1990 said:
If I was the seller then you're showing me 2 red flags:
1) You're sending a company to pick up the dog, you're not coming to see it yourself? It's not a generic item you're ordering from Amazon without viewing.
2) You can't find ID? Any responsible seller wants to be able to due their due diligence on the buyer and you 'not being able' to find a copy of any photo ID in this day and age is ridiculous.
I would've cancelled the sale as well. It's your fault that you incurred the cost of transport before you'd fully finished making the deal.
You sound as dramatic and irrational as the breeder.1) You're sending a company to pick up the dog, you're not coming to see it yourself? It's not a generic item you're ordering from Amazon without viewing.
2) You can't find ID? Any responsible seller wants to be able to due their due diligence on the buyer and you 'not being able' to find a copy of any photo ID in this day and age is ridiculous.
I would've cancelled the sale as well. It's your fault that you incurred the cost of transport before you'd fully finished making the deal.
1. Viewed, visited, chosen and then seen at various stages of growth. Much like the many other dogs I’ve had my entire life.
2. I can’t find my driving licence so offered multiple other forms of ID multiple times. Read the post.
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