Claim back deposit from breeder? Ask legal advice!

Questioner

Hello, We paid a deposit on a pedigree puppy when he was 2 weeks old. A week before we were going to pick him up, we received a message from the breeder that the puppy has a defect and that he would reduce the price a bit, but that he would give us a choice. We showed the puppy to our own vet with the breeder's approval and he concluded that the dog would have problems later on. We have now cancelled the purchase because we naturally want a healthy dog. A dog can always get something, but we are not going to start with a puppy with defects. Now the breeder (private individual) does not want to refund the deposit, but he should still sell a sound product (unfortunately) and that was not it? ... what do you think?

Lawyer

Yes, the breeder must pay back the deposit because he could not deliver a dog without defects.

Lawyer

You may hold the breeder to his obligations under the purchase agreement, that is, you may demand a healthy puppy. You do not have to accept the alternative he offers. You must put the breeder in default, perhaps there will be a new litter from which you can choose.

Questioner

Thanks for your responses. We do not have a purchase contract, the breeder did not have this ready yet, but we do have proof of down payment and proof that the puppy has something wrong with it. We will do our utmost to get the down payment back. Puppy from another litter is not an option.

Questioner

We are in the process of getting our down payment back through a bailiff/debt collection agency. However, the seller continues to refuse to pay and it will end up in court. We assume that we are within our rights to have cancelled the purchase. We have written from the seller that he gave us the choice when he reported that the puppy had a defect. Would this alone be sufficient to reclaim our deposit via the subdistrict court plus the costs that we have to make as a result? The seller has not made any further costs for the puppy, which he has not made for the other puppies. The puppy was ultimately not sold as the last from the litter. I have proof of that. The seller also acknowledged in written conversations that he would transfer money to us, but now he wants to keep the entire deposit and would even like to have the remaining amount because we did not come to pick up the puppy. We would like to know how strong this case is for us.

Lawyer

You have already hired a bailiff/collection agency. I assume that they have also received all the documents from you. They can therefore form a good judgment of the case and can undoubtedly indicate to you what your chances of success are.

Questioner

Thank you for your response. I just got in touch with the office and we are in a very strong position, hopefully the judge will eventually think the same...We hope that the gentleman will pay before that happens.

Lawyer

I do advise you to ask the bailiff/collection agency how much you will have to pay for legal assistance yourself. Because in the Netherlands it is usually the case that you can only recover part of the legal assistance costs. Especially in cases where the financial interest is not very great, you sometimes spend more on legal assistance costs than the total amount that you receive from the other party.