Legal Question in Consumer Law in Virginia

Is taking a deposit for a puppy and then not selling it illegal?

I gave a deposit to hold a puppy for one week. When I returned today to get the puppy they had sold it to someone else. After giving them the deposit they wrote and signed a letter stating they would hold the puppy. I was given my deposit back but what I really wanted was the puppy. My family is devastated. Do I have a case?


Asked on 11/26/08, 5:40 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Is taking a deposit for a puppy and then not selling it illegal?

No, not a viable one (in my opinion).

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Answered on 11/26/08, 11:34 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: Is taking a deposit for a puppy and then not selling it illegal?

I agree with Michael's conclusion, but let me add a few things. I suspect that what Michael is saying is that your "damages" are $0, because you got your money back.

To be able to sue, you must show a legal wrong (a legal basis for the lawsuit), but ALSO you must show that you have been damaged. If someone has behaved wrongly, but you have no loss, then it is sort of "no harm, no foul."

Technically, when the seller took your deposit, you entered into a contract for the seller to not sell the puppy to anyone else until you have a chance to come back within a week. It could actually be part of the actual contract for buying the puppy, but you said that the deposit was "to hold a puppy for one week" not to actually buy the puppy.

So, they broke the contract. But since they gave you their money back, you would have to show what you have lost. If you had to pay MORE for a similar puppy somewhere else, then you would be able to sue for the difference, for the extra amount you had to pay.

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Answered on 11/27/08, 12:10 am


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