I have a litter of puppies, now 7 weeks old. All are spoken for and ready to go home this coming weekend. Three days ago, the smallest boy was stepped on by his mother during playtime and he had spinal cord/lung damage as a result and died. The vet said where the mother landed on the puppy was nothing more than a freak accident.
I FEEL SO TERRIBLE.I have cried like the rest of you would, such a pretty boy.
I called the family that had last pick male, which was the puppy that passed, and told them what happened,the lady did nothing but scream at me, telling me to take someone elses pup and let them have it, told me i needed to fix this,etc. She was so upset and screaming, I could barely talk to her. I offered to try and find them another puppy, not an option, they want one of these puppies for their child.
How would handle sending back the deposit? I am doing the right thing and sending it back, but i know that isnt going to be enough. I wish there was something i could do, but there isnt a thing.
If i dont have a puppy, and send back the deposit, is there anything they can do to me? Sorry, i just know the deposit return isnt going to go over well, I just dont know what else to do. They want a puppy and NOW.
This is not a Chrismtas buy, They've had a deposit down for quite some time.
Help.

Maybe you could try and move another buyer to a different litter. It sounds like this person had their heart set on one of YOUR puppies and that should be a complement to you. If she just wanted a pup then it would not matter where she got it. You stated that she had the deposit for a while. I am sure she is so disappointed, not at all your fault but
she is still without the pup she had been awaiting.
If you can't work it out, she will most likely settle down and wait for another pup from you. It sounds like you are a very caring person, that is probably the reason she wants a pup from you. I wish you the best of luck.

Did you have a deposit contract with them? If so, what does it say? I would tell the woman I am sorry, but it was an unforeseeable accident, and she will not be getting a pup. Sad for everyone, but her reaction would have put me off right away. Sorry...no pup for you!

First off, I am so very sorry for your loss. You have enough sadness in your heart and now you need to deal with this. The best you can do is send them back their deposit, tell them you are very sorry and if they like you will personally find another reputable breeder with a puppy. Bottom line is do NOT give in. Someone had to be last in line, and unfortunately it was them. And if she continues to be a psycho, look at it as a blessing in disguise that this woman did not get one of your puppies.

She was screaming at you? I would just send her money back. She should have been trying to make you feel better,not yelling at you. I had a puppy that was killed at 7 weeks also. The family that was going to get her sent me flowers. Those are the kind of people who should be getting a puppy from you.

it states that i would return the deposit if anything is seriously wrong with the puppy, i can refuse any adoption and send the deposit back for any reason, and it states that no ones elses puppy would be taken from them in order to move someone else up..
Yes she did have a dep. down for awhile, but so did the others.
I will not post everything she said to me on this forum, but i have never been talked to that way by anyone- even my ex mother in law.
She doesnt want another pup from another litter.
Ive been sick over this, he was the puppy that liked me best, licking my face and wanting to be held.its awful for me and the last thing i needed was the things she said. I am so hurt over this.
After the conversation, ill be honest, i would not offer another puppy. As i really saw something i didnt like at all.
I was told "we will sue you" but i dont know what for, my GOD, again, i hate this and the only thing i know to do is return the dep. in time for them to find another puppy.
I just wonder if there is anything she can do. Legally?
Im just physically ill over all this.
Ive never been here before, when a puppy is lost, such as a newborn, of coures the family is hurt and we talk things through, what we are going to do next, etc. NOT scream at one another.
No ive never lost a puppy this late in the game, but its gone and not a thing i can do to bring it back or GOD knows i would.
Mom was away from the puppies, would only have playtime with them by the way.

I would refund the deposit and maybe have your vet could write her a note, about what happened, and she might realize you are not responsible for the accident.

I would also think twice about letting her have any of my pup in the future if she can't understand accidents happen. JMHO

Your contract sounds solid. I wouldn't worry about a lawsuit. I am sorry she is putting you through this after your heartbreaking loss. Just send her back her deposit, and don't answer her calls. If she leaves you messages, save them.

If someone screamed at me after enduring such a loss, I would simply tell them KMA and send their deposit back. I wouldn't even send that kind of buyer to anyone I knew. If she were nice and understanding, I'd go out on a limb to find her a pup.

Have you spoken to the puppy buyer again or has she tried to contact you? Hopefully she understood the loss you have suffered, but she may have been reacting at the shock of telling her child there was not to be a puppy after such a long wait. If I were in your situation and truly felt this family was a very good home, I would contact the other people with deposits down on males to see if they would be willing to wait for another litter. Three years ago I brought home an adorable yellow male puppy in December. He came from good friend of a breeder that I had a deposit down for a male - the first deposit accepted for the litter. I had a deposit in for a male puppy from a certain litter long before the birth, preferrably yellow, with black as my second choice. Wouldn't you know, there was only one yellow male and he would be mine! He was a very pretty male and just before I would be allowed to visit him between 5-6 weeks, the mother stepped on him and he had to be euthanized. His breeder called and offered me a wonderful black male puppy in the litter. I asked if that puppy had a family already planned and he had, a family with little children. I just couldn't accept this puppy, knowing that there would be children without a puppy that they were waiting for. I declined and offered to wait for another litter. As luck would have it, there was another special boy that seemed just right from me from one of her breeder friends ... I flew two weeks after that across several states to bring him home with me. I am sorry for this unfortunate accident and my heart goes out to you. I think God has a plan for each of these babies. I know that you lost this little angel too early.

That's not someone I would want to have one of my puppies. Send her deposit back and end it. There is nothing she can do to you. The puppy is your property and the other puppies are promised. If that's the worst thing that will ever happen to her, she's a lucky person.

Sorry you had to go through the death of your puppy. It has happened to me in the exact same manner, except I didn't have to deal with a puppy buyer; she was my keeper.

If I were treated this way by a puppy family, especially after a heartbreaking loss like the one you've suffered, there is NO WAY they would ever have a puppy from me. I am sorry that this woman has been so awful to you during a time of sadness. She doesn't sound like she deserves one of your precious babies.

I had a similiar situation happen a few years ago, a puppy died late in the game and the family I had no puppy for reacted in a similar fashion. My contract is similar to yours, I mailed the deposit back and that was the end of it. Make sure you send it certified mail so you can prove you returned it. After that I make sure the last person who gives me a deposit understands that if something unforeseen should happen they will be the first ones getting the deposit returned.

I couldn't imagine any of my puppy families being so heartless and not thinking of MY loss. You are the one who has nurtured the mom and the pups for all this time and suffered the trauma not her. Nature is cruel and all puppy families should be aware that at any time something could happen to change things for the worse. It would not be right to take another's pup. You are not a fast food place where the loud customer gets a free burger. Loud customers get told to go elsewhere.
Return the deposit. Imagine if you gave in and gave her another pup and somewhere down the line there was a problem...do you want to deal with her again.
I hope you are feeling better and that the responses from this board make you feel confident in making your decision.
Annie

I just talked to the lady, wasnt screaming as loud as before, but still the same demands as before.
yes it would be nothing but trouble later im sure of it.
What a mess!
Ill just return the deposit and wait to see what happens and hope for the best.
With her attitude, she doesnt need a puppy. I know she is upset, but some of the things said, WOW.
Thanks everyone!!
merry Christmas and GOD bless you.

I know it is not needed, but I would even slip in a letter telling her that when you agreed in the first place to adopt out to her you never dreamed that she was the kind of person to be so callous and inconsiderate in the midst of another's loss :(
I have seen on some websites a little statement where breeders say something to the effect of....I reserve the right to not adopt out to any person a puppy for any reason I see fit, at any time in the adoption process. This may be why.
The period of time you spend getting to know people for the 8 plus weeks you have the pups can shed light on things you might not have known about when you first accepted that deposit. Something to keep in mind I suppose when making those commitments.
Annie

THAT'S a "narrow miss" for sure. I would send the money back by certified mail with a bank check with a letter that basically says "As per our phone conversation on xx/xx/xx, I am returning your deposit because I no longer have a puppy available for you."

And then try to forget about her and focus on the other puppies and their families!

So sad...

No way would I rub salt in the wound! If you want it to go away just send back her deposit. Be the bigger
person.

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Replying to:

I know it is not needed, but I would even slip in a letter telling her that when you agreed in the first place to adopt out to her you never dreamed that she was the kind of person to be so callous and inconsiderate in the midst of another's loss
I have seen on some websites a little statement where breeders say something to the effect of....I reserve the right to not adopt out to any person a puppy for any reason I see fit, at any time in the adoption process. This may be why.
The period of time you spend getting to know people for the 8 plus weeks you have the pups can shed light on things you might not have known about when you first accepted that deposit. Something to keep in mind I suppose when making those commitments.
Annie

a person had to be able to perform their part of the contract in order for it to be enforceable. Obviously if you have no live puppy for her to purchase, then the deal is off.

That being said, your jurisdiction's (your state's) law might reach a different conclusion based on prior caselaw or statute. For instance a court might say that you would have to hand out the puppies in order of the deposits your received. Even though you might have matched purchasers to puppies, if this woman had her deposit in earlier than purchaser #6, a court might say she is in line for the next puppy, no matter how you think the perspective owners and pups should be matched.

A court might also say you owe her the difference between her cost between getting the expected pup now from you and where she has to purchase it elsewhere now, should she decide to go elsewhere at this point.

I know a lot of people like to go on a "handshake" with a perspective buyer, and hold the deposits in escrow until the puppies leave, or return the deposits when no puppy becomes available. Absent a contract clearly stating that you cannot be held liable for failure to supply a puppy however, due to unforseen circumstances, you are at the mercy of whatever case decisions or laws exist within your state say you are obiligated to do.

Since this woman appears to be not such a nice individual, I would consider checking with other breeder friends and seeing if they have a litter which she might be interested in, and from which they might have a puppy available. IF they are willing to deal with this woman, I would send her a letter, with a check for her deposit enclosed, and tell her this situation has been a tragedy for all concerned. Explain to her that you are exceptionally careful to screen all your prospective families, and if you did not think highly of her, she would not have made your list in the first place. The loss of the puppy however, was totally out of anyone's control. Everyone who is getting a puppy had a deposit down, so there is no way you can swap one of the remaining puppies between her and the other buyers. Tell her that even though you are returning her deposit, you are willing to help her find another breeder, who also has a litter at this time, whom she might have a puppy from now. In the alternative, she can wait for your next litter, where she will then go to the top of the list and get 1st pick pick puppy. Finally if she wants to go with either of the above options, she must let you know within the next seven days, so that you can begin reaching out to breeder friends to secure a puppy for her. If she wants the second option(for getting the pick puppy), then she has to send a new deposit check back to you (also within seven days). Send this letter to her certified mail, return receipt requested.

Now not knowing the law of your jurisdiction, the above suggestion is just that, a suggestion and not legal advice. If you want to know your full legal liability and options, you MUST CONTACT a lawyer LICENSED WHERE YOU ARE LOCATED, and inquire of them what your legal options are.

Quite frankly considering this woman's attitude, my hope for you is that she takes her deposit back and goes far, far away, never to return.

Best of luck with this.

/s/ The Devil's Advocate

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Replying to:

I have a litter of puppies, now 7 weeks old. All are spoken for and ready to go home this coming weekend. Three days ago, the smallest boy was stepped on by his mother during playtime and he had spinal cord/lung damage as a result and died. The vet said where the mother landed on the puppy was nothing more than a freak accident.
I FEEL SO TERRIBLE.I have cried like the rest of you would, such a pretty boy.
I called the family that had last pick male, which was the puppy that passed, and told them what happened,the lady did nothing but scream at me, telling me to take someone elses pup and let them have it, told me i needed to fix this,etc. She was so upset and screaming, I could barely talk to her. I offered to try and find them another puppy, not an option, they want one of these puppies for their child.
How would handle sending back the deposit? I am doing the right thing and sending it back, but i know that isnt going to be enough. I wish there was something i could do, but there isnt a thing.
If i dont have a puppy, and send back the deposit, is there anything they can do to me? Sorry, i just know the deposit return isnt going to go over well, I just dont know what else to do. They want a puppy and NOW.
This is not a Chrismtas buy, They've had a deposit down for quite some time.
Help.

Oh I know you are right about that, and chances are I would think twice, but man, sometimes you just wonder how people can miss the fact that they are being so rotten to another person and really want to be able to say...take a look at what you are doing, how you are acting, even if this person could help you, why would they now?
I see people all the time throwing tantrums at wait people, people in retail, etc etc, its always so embarrassing to be behind someone like that and you feel almost like you need to apologize for their behavior when it is your turn:)....and they are always asking things that the other person could not possibly do or be responsible for and you wonder if these people have any clue how unacceptable they are behaving and wonder, has anyone ever told you that you should be ashamed of yourself?
True true though....best left alone for your own good......
Annie

"it states that i would return the deposit if anything is seriously wrong with the puppy, i can refuse any adoption and send the deposit back for any reason, and it states that no ones elses puppy would be taken from them in order to move someone else up.."

I would consider sending a copy of your deposit contract back with her deposit to remind her of the terms. It just might deter her from taking further action.

I am so sorry for your loss and what this person is putting you thru. Prayers she will just go away.

Just a thought. I am not one to yell and scream. It is just not my way. I will, however, stay angry for a long time. Yes, I get over it after a while, but it ain't easy.

On the other hand, I have observed people who go ballistic. Yell, scream, rant, rave and say all sorts of horrible things. Then, in hardly any time at all, it is as if nothing ever happened. They get over it and move on to something else.

Let's hope your puppy buyer will be over it already. Hopefully, once she calmed down, she realized how unreasonable she was.

I think that you are making the right decision. Return the deposit and hope she goes away. As far as getting sued....I dont think they have a leg to stand on. Its a small claims case at best. Dogs are looked at as personal prperty in the court system. If she takes you to court just tell the truth. Document everything!

OMG....First and foremost, I am so sorry for your loss. What an awful experience for you! Secondly, I am not a breeder, just a Lab owner/lover. But if I were......I would NEVER give that lady a pup. If she reacts that way in a time of crisis and sorrow, what would she be like to a pup and their pup ways? What if the pup knocked her child over or chewed up her favorite pair of shoes? I would also not recommend her to another breeder either. I doubt there are many out there that would be comfortable with their dog in that home. Good luck on that end and I hope time will help heal the wound of loosing your little one.

So sorry for your loss. Consider yourself lucky that you found out about this family ahead of time. Send the deposit back and be done with it.

The potential buyer has absolutely no grounds for a lawsuit.....unless of course you don't return her deposit in full. Do that ASAP (certified mail in the form of a cashiers check) and move on.

I'm so very sorry for your loss but thank goodness you saw her true colors now as opposed to later.