Legal Advice on Puppy Sales and Down Payment

Questioner

I have 2 chihuahua puppies for sale and yesterday I got a lady who really wanted our bitch. This lady had brought a friend along as a negotiator and as a kind of backup, which was of course completely fine. They asked me all the questions like when can they go to a new owner (end of August) and have they been vaccinated, chipped and checked by the vet before then, etc. Of course my answer is yes, since you are not allowed to sell a puppy without a chip. And since this has to be done by a vet, they are also checked for the points that are also in the accompanying passport. This friend wanted to discuss the price, I asked 600 per Chihuahua puppy (both parents present, etc.). We then agreed on 550 euros for the female instead of 600 euros. I asked for a deposit of 200 but the lady now had 100 with her and I accepted that, but later I contacted the buyer that I would like to pay my intended 200 in advance, because I had decided to do so, but to be honest also because the puppies were not really planned and I live on benefits to be able to pay for the vaccinations and chipping at the vet from the deposits, so the lady called me and agreed. She would go straight to the vet at the time that they were to be vaccinated and chipped and checked so that if she wanted to know anything herself, she could ask it herself there and I would get the remaining 100 euros when I picked her up for that appointment. The 2 ladies of course wanted it in writing, which I completely understand, that they had paid 100 euros in advance and it was about the black and tan bitch with date of birth and date of collection, provided that the puppy had a health certificate, so it was declared healthy by the vet. (2 weeks ago I heard from the vet that my puppies are in excellent health, so I'm not worried about that and when I pick up the puppies they will automatically get the passport with the health certificate from the vet.) After doing all this, she already had a name and asked us if we could call her that, etc. We also made agreements that the lady would come by at least once a week so that she and the puppy could socialize, and everything was fine. I have indicated in all my advertisements that the bitch was reserved. Until I just got a call from this lady saying she wanted to cancel the purchase!!! Because she was going through a divorce and she had an accident a while ago and coincidentally her husband had an accident last night too. And that it all didn't work out so well for her now that she felt sorry for the puppy. And yes, of course she wanted her deposit back. And she felt so bad for us ...? I was literally speechless and asked her if I could call back later, that was fine, but then something strange happened, it could only be her husband's number, her phone was broken... ok, well, it's possible, but all together it's a strange thing, but oh well. My question now is, do I have to give her back the deposit because she is not well off and I think it was an impulsive action? She asked me to reserve the puppy which I had done because otherwise I would have gone to the Chihuahua day yesterday with my puppies to promote them (WHICH SHE ALSO KNEW BUT CANCELLED FOR HER) and another potential buyer canceled because she was the first to respond and wanted her too so... And since the person who came earlier for the male and was supposed to come back also decided against it due to private matters, she had not yet paid the deposit. Then I can have people come over every day who just want to see my champs and give me a hug with a cup of coffee, right? And in the end it only costs me time and effort and coffee. What can I and may I say to this lady, somewhere I think yes, oh well, I understand and give it back, but on the other hand she wanted her to make an agreement with them and that cost me an afternoon plus my only chance to promote my puppies on a real Chihuahua day was ruined, where I probably would have found a loving and Chihuahua lover for both of them. What should I do??? And can I?

Lawyer

You may retain the additional costs you have to make to re-advertise the puppy and if the puppy is not sold, both amounts. Only if there is really an agreed deposit, then the lady loses the deposit.

Questioner

Yes, ma'am, you paid 100 in advance. But the best part is that the lady responded after I was so kind as to suggest giving half of it back. She says it was because of her husband and that she simply has the NPG right to my puppy (she already calls her Sammie) but she no longer has that right after she first paid the deposit and then called less than 24 hours later to say it couldn't go ahead and then suddenly it did...? In the meantime I had another family come and they wanted her so badly that they even paid half the price. But the other lady then forces me to the point that she is entitled to my puppy because there is an agreement even though she broke it herself and then she also demands the entire amount back within 4 days to her RK number otherwise she is inclined to take other measures

Lawyer

If she has cancelled, then the right to the puppy is forfeited because the parties have mutually decided to dissolve the agreement. She has lost the advance payment.

Questioner

Yes, ma'am, you paid 100 in advance. But the best part is that the lady responded after I was so kind as to suggest giving half of it back. She says it was because of her husband and that she simply has the NPG right to my puppy (she already calls her Sammie) but she no longer has that right after she first paid the deposit and then called less than 24 hours later to say it couldn't go ahead and then suddenly it did...? In the meantime I had another family come and they wanted her so badly that they even paid half the price. But the other lady then forces me to the point that she is entitled to my puppy because there is an agreement even though she broke it herself and then she also demands the entire amount back within 4 days to her RK number otherwise she is inclined to take other measures