El Cajon, CA asked in Small Claims for California

Q: CA: put down payment to purchase puppy w/o contract. Changed mind, can I get money back?

Placed $2000 down-payment for them to hold puppy w/o contract. Puppy is ready to be picked up this week but told them need a little more time, they said they are going to sell puppy and I lose the deposit. Is this allowed in California?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: The law abhors a forfeiture. But, you put up $2000 without any kind of written agreement? Apparently it was not very important to you to secure your rights to that money if the deal fell through. They cannot keep the money, particularly if they sell the dog to someone else. Small claims is your best bet.

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