Q: I paid a $400 deposit for the purchase of a puppy (oral contract). Is this contract void by the NC Statue of Frauds?
Full purchase price would have been $800. The puppy died in the breeder's care before delivery, but they refuse to repay my deposit. I have two witnesses that will confirm that the breeder never used the tern non-refundable when discussing the deposit. I also have a signed, handwritten receipt from a similar deposit in a previous purchase from the same breeder stating that the deposit would be refunded if something happened to the puppy while in her care (before delivery). I have seen some references that seem to indicate that the sale of goods for over $500 require a written contract under the NC Statute of Frauds, but I can't find anything to support that in the actual statutes.
A: The Statute of Frauds is an affirmative defense that must be raised in order to be applicable. It may be possible to pursue this matter in the small claims courts. However, it would have to be filed in the county in which the defendant resides. Otherwise, if you want to file it where you live, it would have to be filed in District Court. The downside is that you will have to pay filing fees and service costs which will be a good portion of what you are owed. You might try writing a letter to the breeder stating your position based on previous contracts. If there weren't any new conditions added to your contract (such as the deposit being non-refundable), it would likely go in your favor based on your previous business relationship of the deposit being refundable.
Cameron Lambe agrees with this answer
A: I generally agree with Ms. Kurtz' answer, but would like to add that if you decide to bring this action, you could file it in Small Claims court, which would reduce the filing costs slightly.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
