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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96446
Experience:  Lawyer
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I signed a contract and put down a thousand dollars cavalier

Customer Question

I signed a contract and put down a thousand dollars for a cavalier king Charles spaniel..I am an asmathic and have allergys..today I was in the ER for a breathing treatment bc of coming in contact w/ so much environmental allergys..therefore they do not think I should continue w/ the purchase..
I sent the Breeders who livin in Niagara Falls Ontario the info.and asked for part or all of my monies back since it is a medical situation..breeder informed me I wld have to pay advertising for her and also monies for she future shots if she is not sold..
I will forfeit all monies for deposit but do not think I should pay anything after that money is exhausted...please advise..
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Did you agreement say the deposit was non-refundable?
Customer: replied 1 year ago.
No it did not..I am going to look at it again right now.I can actually forward the email to you ..I that would clarify everything..it will make it easier and show all the things you need to know..
Customer: replied 1 year ago.
please read it...it shows the amounts and the agreement saying the procedure to neuter is nonrefundable.
Expert:  Legal Ease replied 1 year ago.
I don't see it. Please send it to the site and ask the site to send it to me.
Customer: replied 1 year ago.
the letter is my email and I cannot get it through you..that party has included this statement "iT IS AGREED THAT IF FOR ANY REASON THE DOG CANNOT BE DELIV'D TO THE PURCHASER..THE DEPOSIT WILL BE REFUNDED IN FULL AND THERE WILL BE NOT FURTHER OBLIGATIONS OF THE SELLER TO THE PURCHASER..BUT STATED I WAS TO PICK THE PUPPY UP NO LATER THAN MAY 27TH..AND I WOULD HAVE TO PAY 25.00 A DAY BOARD UNTIL I DID...THIS IS A MEDICAL SITUATION AND THEY STILL WANT ME TO DO THIS AS WELL AS PAY FOR SHOTS ETC IF I CANNOT TAKE HER..THERE WAS NOT STATEMENT ABOUT THE DEPOSIT.....BUT SHE IS REQUESTING ME TO PAY FOR THE PUPS ROOM AND BOARD IF SHE IS NOT SOLD...HOW DO I SEND THIS EMAIL TO WHAT ADDRESS? IT IS NOT ACCEPTING WWW.JUST ASK A QUESTION .COM AS AN EMAIL ADDRESS
Customer: replied 1 year ago.
THEY WANT THE PUPPY SOLD BY MAY 27TH...TO ANOTHER PARTY..THEY HAD INQUIRIES FOR HER AFTER I GAVE A DEPOSIT..THESE ARE HIGHLY RATED PUPPIES..I HAVE LISTED THE PUPPY IN OUR LOCAL NEWSPAPER..THIS IS VERY DISTRESSING ..I SPENT THE A.M. IN THE HOSPITAL AND AM ON STEROIDS..ALL SAD BUT NOT ANYONES FAULT..PLEASE HELP ME WITH THIS.tHEY CAN KEEP THE DEPOSIT IF SHE DOES NOT LEAVE IN TWO WEEKS..DO YOU HAVE AN EMAIL ADDRESS TO SEND THIS TO
Customer: replied 1 year ago.
To Legal EasePlease find todays reply to my not being able to purchase the puppy..I have already posted in several places the puppy..and put it for sale in our local papers..Please advise this stressful and I am ill..One of the other options is a telephone conference
Expert:  Legal Ease replied 1 year ago.
I received the email and read the document.
It is a binding agreement and therefore you are obligated to buy the dog.
At the same time, the law is that the seller is required to try and sell the dog again and when she does you will be off the hook. You would then owe her all out of pocket expenses she incurs.
There is no mention of the deposit and so she doesn't keep that as a windfall. She would deduct her out of pocket expenses from it and return the rest to you.
Customer: replied 1 year ago.
what should I do if the dog does not sell..I have a letter from the drs that says bc of my condition, I should not have one..please let me know what I should do.
Expert:  Legal Ease replied 1 year ago.
But the law is that your condition or what your doctor says have no relevance to this situation.
You have a binding contract and so if she cannot sell the dog she will be able to sue you successfully.
For this reason you should continue to make your best efforts to find it another home.
Customer: replied 1 year ago.
If I pay for the dog in full...will that fill the transaction?
Customer: replied 1 year ago.
please advise..
Customer: replied 1 year ago.
Even if I do not take the dog?
Expert:  Legal Ease replied 1 year ago.
No because she doesn't want to have to pay for the care of the dog.So it would only work if she agrees.

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