Q: Lady put $for pick of puppy now wants her money back. Do we have to give it back?we turned down many people.
We have turned down many people because she put $ down now with less then a week to go she asked for her money back. My only issue is that dosnt give us enough time to find a suitable home for her. The money was also used to pay for vet exam, shots and deworming pill.
A:
If you had a contract, you should refer to the contract. If you do not have a contract, the answer gets murkier. The safest approach is to return the money, because it is not clear if a full agreement was reached.
If there is some evidence that you indicated that the payment was a "reserve" or "down payment" AND that you would keep the deposit no matter what, that may change the analysis. The actual use of the money for medical treatment may (key word, may) help your case if you can show that the treatment was solely at the buyer's request. As for the lost potential buyers, this is a weak claim because you would have to show that these potential buyers would have purchased the dog (beyond that, you would need to have affirmatively informed the person who paid that you would or did pass-over other potential buyers solely because of the down payment). Beyond that lost "opportunity costs" (delays in finding a new buyer) are not typically presumed without express language in a contract.
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