Refund of puppy deposit: your rights

Questioner

Good day, I have a question regarding a deposit I made to purchase a puppy. I really wanted the puppy and I also made a deposit for this. Unfortunately, I had to cancel this a week in advance due to circumstances. I asked if I could get the deposit back, but she did not agree to this. I also asked if I could get half of the deposit back. She did not agree to this either. My specific question is whether I have the right to get the deposit back anyway. And if this is possible, how? Greeting

Lawyer

No, not in principle because you bought a puppy and it is still questionable whether this animal will be sold on. How much cash did you give?

Questioner

The animal was sold even on the day we were supposed to pick it up, although we had cancelled. We transferred €100.

Lawyer

The buyer could regard the payment as a payment of advance money as security that the purchase agreement concluded between both parties would be implemented. And the buyer loses the advance money because he does not meet his obligations under the purchase agreement (unless the non-compliance is attributable to the seller). It is annoying for you, but it is what it is, unless you had agreed - demonstrably - that you would get your money back in the event of a sale to someone else.

Lawyer

Based on the information you have provided, I come to a different conclusion. You have made a down payment. You have agreed with the dog owner that you would make a down payment and pay the remaining amount upon delivery of the puppy (although animals are not objects, they must be treated as such in law, art. 3:2a BW). You have decided not to comply with the agreement due to personal circumstances. The seller could have demanded compliance with the agreement but did not do so. You are therefore not complying with the agreement. Any failure to comply with an obligation obliges the debtor (you) to compensate the creditor (the seller) for the damage suffered as a result (Article 6:74 of the Dutch Civil Code). Since your counterparty has not actually suffered any damage (the animal was sold the same day. Was less paid for the animal? Because that could be damage), it does not seem right to me that the seller is allowed to keep the down payment. In short, you are not fulfilling the agreement. You must therefore cover the damage resulting from non-fulfilment. There is no actual damage (at least, that is apparent from your story). Just to be sure, the seller did not provide you with any general terms and conditions or anything like that? If so, could you please name the relevant clause that the seller is relying on? Furthermore, are you acting in the exercise of a profession or business? Did you buy the puppy via the internet? (Or at least remotely?) Is the seller a puppy dealer or a private individual? You can contact me without any obligation if you wish.

Lawyer

You have given a deposit to reserve a puppy. This is legally an option to buy where the buyer loses his money if he changes his mind. I can't make anything else of it.

Lawyer

The animal was not sold the same day as the day the purchase was cancelled, but a week later. And given the circumstances, the seller - after negotiations - apparently agreed to keep the deposit. The buyer also agreed that at least 50% of the deposit was due to the seller. This leaves an interest of only 50 euros. Apart from the legal aspects, it does not make sense to make a case out of this.

Questioner

Thank you very much for your message. We paid 100 euros in advance and would then have to pay another 350 when we came to pick up the dog. However, we have seen on the internet (marketplace) that she has asked for 450 again. This means that she has earned an extra 100. She is a private individual, but when we were there the mother dog had just given birth and we were not allowed to see another dog. Now we were looking on the internet and now that the lady has just sold all the puppies, the other dog will give birth within 2 weeks. The seller has indeed not provided any general terms and conditions. Thank you for allowing me to contact you.

Lawyer

For the record (I see that my response has crossed that of another lawyer): I too continue to dispute that there is a right to reimbursement of the advance payment.

Lawyer

And in response to the last response from the questioner: The fact that the dog has been put up for sale again does not change your position. The question now is also - given your additional information - whether the dog has been sold at all (although it is not actually relevant). I must also inform you that regarding whether or not another dog gives birth, this does not change your position.