What decides it

1. Was the term there before the money?

A real case: the breeder had to refund

A breeder in Canada emailed a buyer the price and the deposit amount, then sent an application form. Neither said anything about refunds. The buyer paid the same day.

About five months later the buyer cancelled. Only then did the breeder write that the deposit was non-refundable. He said he’d gone through his contract with her when she visited the puppies. She said she’d never received a contract, and he could only show a blank copy. In one message he also wrote that she’d had plenty of time to ask whether the deposit was refundable.

The small-claims tribunal ruled for the buyer.^[1]

• They had never agreed on a non-refundable deposit when the money was paid.
• The visit came after the payment, even if it happened.
• A seller can’t make a deposit non-refundable afterwards.
• The breeder repaid the deposit, plus interest and part of the buyer’s fee.

His own message hurt him. Saying it was up to her to ask showed that he had never told her.

A second case: a term added nine days later

In Norway, a private seller advertised a puppy, and the buyer paid a reservation fee of more than half the price. Soon after, he had to withdraw for personal reasons. The seller refused to refund and pointed to a line in the ad.

The consumer complaints board checked the ad’s history. The line had been added nine days after the agreement. The term had to be there when they agreed, and a seller can keep money from a sale that never happens only to cover a real loss. The seller had shown none. The buyer got the fee back.^[2]

2. Did the buyer actually agree?

It isn’t always the buyer who wins. The same Canadian tribunal let a seller keep a deposit for a used car. The buyer changed his mind the day after paying, and the seller had turned other buyers away. That was a “true deposit”: money paid to show the buyer was serious, lost when he walked away.^[3] In another case, about an event booking, the seller kept the deposit, recalculated to the agreed share of the final price. The buyer had been told it was non-refundable and didn’t object when the seller confirmed it in writing.^[4]

3. What was the money for, and did you lose anything?

• Money that secures a specific puppy is easier to keep than a part payment towards a puppy not yet born.
• In some places you may keep only what covers a real loss, for example a puppy you couldn’t place or homes you turned away.^[2]
• A very large non-refundable sum can backfire. Contract law in many places won’t enforce an amount that works as a penalty rather than compensation.^[6]

Step by step

1. Send a holding reply within a day. For example: “Thank you for letting me know. I’m going back through our messages and paperwork and will reply properly by Friday.” Don’t argue, quote your contract or promise anything yet.
2. Build a timeline: first contact, when you sent prices, when they paid, and when (if ever) they saw the deposit terms. Save screenshots with dates.
3. Ask yourself honestly: could you show a stranger, from documents dated before or at payment, that this buyer agreed? What you meant to say is not evidence.
4. Choose, and offer the options in writing. No written agreement: refund in full, promptly. Most disputes end there. Clear written agreement: you can keep it, but consider offering to move it to a later litter. Somewhere in between: keep only your documented costs and refund the rest.
5. If it goes to a tribunal or small-claims court, answer every letter and meet every deadline. In the Norwegian case the seller never replied, so the board decided on the buyer’s account alone.
6. Never add to or change a receipt, ad or contract afterwards. It turns a disagreement into a question of honesty, and edits can often be traced.

How to prevent it next time

• Put the deposit terms in writing before you take any money: the amount, what it secures, whether it counts towards the price, and what happens if the buyer withdraws, you withdraw, there’s no suitable puppy, or a puppy dies or becomes ill before collection.
• Have the buyer confirm the terms before paying, for example by signing, ticking a box or replying “I agree”. A contract only works if the buyer has seen it.
• Give a receipt for every payment, with the date, the amount, what it’s for, the puppy (by microchip number when known) and the deposit terms.
• Take deposits only for identified puppies, usually after the litter is born and matched. A place on a waiting list shouldn’t cost money.
• Keep the amount modest.
• Never change terms for people who have already paid. New terms apply to new buyers.
• Have a lawyer where you sell read your deposit wording once. Consumer rules can override what a contract says.

What we can’t tell you

We haven’t seen your messages or your contract, and deposit and consumer law differ between countries, states and provinces. Tribunal decisions don’t always bind later cases. We can’t tell you whether you may keep this deposit. A lawyer where you sell can, once they’ve seen the documents.