Legal Question in Business Law in Maryland

Re: Breach of verbal agreement with substantial deposit paid to dog breeder

Of course you are entitled to the rights under the contract, oral or written, to the extent you can prove them. You can sue, probably in a small claims court, in Maryland.

It's costly and takes time.

Re: Breach of verbal agreement with substantial deposit paid to dog breeder

You certainly appear from your letter to be entitled to your deposit back. I infer from your letter that you would prefer having specific performance of the contract, i.e., the 2nd pick of the females.

With certain exceptions, the sale would have to be in writing to be enforceable. The paying of the deposit would be such an exception allowing you to bring an action to enforce the contract. Since there would appear to be no dispute over the paying of the $500 deposit, you should be entitled to a judgment for that amount.

Having the Court award specific performance is another matter entirely. First, there could well be a dispute over what the terms of the contract are. Secondly, to order specific performance(i.e. to allow you the pick of the second female) the Court would have to find the puppy to be unique. That may be hard to prove. (You might be able to recover damages for the reasonable cost of an identical replacement puppy, however.) All of that depends on the facts of your case.

Re: Breach of verbal agreement with substantial deposit paid to dog breeder

Although oral contracts can pose difficulties in the degree of proof necessary to sustain your burden in a court proceeding, the fact that you tendered a deposit that was accepted by the breeder goes a long way in establishing your right to enforce the contract. Unfortunately, you'll have to chase him here in MD since this is where the transaction took place. You can sue him in the small claims division of the Maryland District Court in the county where the breeder is located. It may be that the threat of suit will bring him around, as a suit against him, especially if successful, cannot help his reputation in the breeding community.

Re: Breach of verbal agreement with substantial deposit paid to dog breeder

The memo line which you reference may be dispositive. The contract, which indeed it is, is not one that requires a writing (i.e., Statute of Frauds), thus parol evidence is permitted. This is not a sale of homogenous goods, thus damages can be recovered on a breach. You would need to show your damages and your appearance in a Maryland court would be required. Your damages is something that should be discussed with an attorney.

Your action depends largely on the state of events. If the puppy that you wanted has already gone to another owner, you should give up on specific performance (with the exception of there being another pup of the litter that you want to pursue the breeder's performance).

You are absolutely entitled to your deposit being refunded. Alternatively, you are also absolutely entitled to a pup of the litter as based on how you stated that the memo line was worded. You may be entitled to more.

A well placed demand may bring the result you desire, that being the pick of the litter, but I would not wait long with hiring a Maryland attorney to pursue this goal.

You should also consider making a complaint to the kennel association under which the breeder may be registered.

G. Joseph Holthaus III

(410) 799-9002