Legal Question in Consumer Law in New York

I recently (within the week) paid a reptile breeder a deposit for a future lizard (egg not yet laid, but mating is suspected to have occurred). I paid $150 out of a total $500 plus shipping. Now some financial aspects have changed and we really can't afford the lizard so we requested our deposit back. The transaction was done over the phone and no mention was made of a "No Refund Policy". Now the breeder is giving us a month to pay the balance or lose the deposit (on a lizard that hasn't even been laid yet). (Breeder in state of PA/we are in state of NY/mailorder transaction...in case that matters). I understand that my options are small claims court or buy the lizard...BUT my question is: Is keeping money on an as-yet unhatched egg legal?


Asked on 3/15/13, 5:16 am

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

You have a legal contract. The terms were not discussed in detail. The question is what is fair. The seller is doing nothing illegal; he is unfair. You want justice; you go to court.

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Answered on 3/15/13, 6:25 am


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