Legal Question in Business Law in Indiana

Puppy deposit

I received a deposit for our puppy who has a brown eye and was originally advertised as a white male. This was an honest mistake as we mixed up our litter all fem were actually males and vise versa. I found out at 7 wk that this puppy is actually a female and I let the buyer know I would be keeping this puppy instead as I originally planned on keeping a white female. In its place I offered her an all white male, at a discounted price.She accepted. Now she is stating that she will take us to court if we do not give her the original puppy she wanted. I also told her I would be sending back her entire deposit due to this if she still doesnt want the other puppy whom she agreed she would take in place of her 1st choice. Please let me know if she has any legal rights.

We never had a signed contract. Just emails and phone calls.


Asked on 5/14/08, 6:50 pm

1 Answer from Attorneys
Samuel Hasler Samuel Hasler

Re: Puppy deposit

Yes, she has rights. The real question is whether you two changed the original contract or not. Yes, there was a contract. Not all contracts need to be writing. If you are giving back her deposit, then she has a tough case.

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Answered on 5/14/08, 9:33 pm


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