Legal Question in Consumer Law in California

sellers rights

A $200 deposit to hold a puppy was given, and then when the puppy was ready to go home, they canceled after I stated cash as final payment. Total purchase price was $800. Now they want the deposit back. All I gave them was a receipt of deposit and $600 balance due at time of pick up with a specified date, which they did not meet. I sold the puppy for $650 (less then the original $800 advertised price). Do I have to give her any refund, full or the difference of gain?


Asked on 5/28/07, 11:15 am

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: sellers rights

Did you tell them that the final payment had to be cash before you took their deposit? Did you take their deposit as cash? If the answer is no to either of these, you probably breached the contract. If so, they could sue you for whatever it costs them to get a new puppy plus the deposit. You should then give them the deposit back.

However, if you took cash and told them up front that the final payment must be cash as well, then you could keep $150 of the deposit and send them $50 back.

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Answered on 5/28/07, 11:19 am


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