Legal Question in Consumer Law in Virginia

is taking a deposit for a puppy then not selling him illegal

I pay a $200.00 deposit for a puppy,but the owner change his mind.i have a letter from the seller stating he would sell the puppy to me.I (he state his name) state that (then i state my name)has given me $200.00 on Nov.19-2008 for a depositon Frank a 4 month english bulldog w/the understanding that he will be paid for in the full amount of $800.00 on nov 26-2008

then the seller sign it and i did to. is there anything i can do


Asked on 11/27/08, 7:47 am

2 Answers from Attorneys
Jonathon Moseley Moseley & Associates Law Firm

Re: is taking a deposit for a puppy then not selling him illegal

Mr. Henderson is correct. The document you describe (we haven't seen it but only understand your description) is very likely a binding contract. But when the courts consider a broken contract, they normally analyze it in terms of how much money you have lost. Usually the courts will not force the person to keep the contract, but will force them to pay for any losses or damages you have suffered.

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Answered on 11/27/08, 11:57 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: is taking a deposit for a puppy then not selling him illegal

As I've already answered, since you apparently got your full deposit back and, presumably will have another opportunity to buy an English bulldog, other than your obviously bruised feelings, I don't see any significant compensatory damages which you've incurred from this situation which would be likely to impel your local small claims court to find in your favor(other than, perhaps, some very nominal award).

Furthermore, bruised feelings are not recoverable as compensatory damages.

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Answered on 11/27/08, 9:49 am


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