Deposits

[janetsflower]

If someone puts a deposit on a dog and then decides they do not want it are they entitled to their deposit back, or surely the purpose of a deposit is your agreement to have the dog and if you change your mind you forfeit the deposit?? Likewise if they have a dog, pay for it and take it away, can you bring it back and have your money back when it is you that has changed your minds and there is no problem with the dog??

[Gmcd01]

Further to the above post, the answer lies not in the fact that the 'goods' in question are livestock- the answer lies in the contract. It wouldn't matter if the sale was a dog, a sheep or a cup, the same provisions apply (assuming that the person isn't paying HP or receiving a service.)
There is no legal provision stating that the purchaser has a right of refund where the goods are OK- that is, fit for their purpose, as described etc etc. This surprises some people, but it's done as a matter of commercial certainty- if a company could have someone bringing back the goods for a refund, profits could be harmed, and a company could find themselves in a real mess if they've used the money received elsewhere. The courts rely on the principle 'let the buyer beware'. Thus, presuming the dog is the correct breed, no refund is mandatory.

[chrissa1]

What would be the point of asking for a deposit in the 1st place if it was returnable just because your purchaser had changed their mind. You have probably turned people away in the meantime.
We have a Holiday Cottage which we rent. We take a deposit on booking and if they then can't take the holiday, the deposit is forfeitable, although mostly covered by their insurance.

[janetsflower]

Thank you for your replies, I'll tell them to get stuffed then, though maybe not in those exact words!!