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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 23619
Experience:  Lawyer
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Puppy deposit waiver. Need advice!

Resolved Question:

I need help creating a waiver. A couple continues to threaten taking legal action against me over the fact that they were not happy with the age the puppies were going to leave, and the fact they had to sign a puppy contract. They demanded their Non Refundable; only if no pups were born, be returned to them. I told them that I would make up a waiver as they ignored my evidence and continued to send me rude, and sometimes threatening emails. They agreed to sign it, I'm just not quite sure about how to go about it. It needs to state that they may not take any legal action against me for no good reason, or hold me accountable for anything, and they requested that it only he binding upon return of deposit.

Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

We are unfortunatley unable to draft a waiver for you via this service, because that is outside the scope of this site. However, I may be able to provide some information that can help.

First, if the paperwork says that the deposit is non-refundable, and you are in compliance with the contract, they are not entitled to the return of the deposit (assuming that you are still willing and able to provide them with puppies, or they have cancelled the contract entirely). So, you are right and they are wrong.

Unfortunately, there is no legal way to force them not to file suit against you if that's what they want to do. Our system is based on the idea of open access to the courts. Anyone can sue another person for anything. That doesn't mean that they'll win - they won't, based on what you've said - but they do have a right to file their case. If they signed something saying "I promise not to sue," and you did not return at least a portion of their deposit as part of the agreement, that waiver (a) wouldn't be binding and (b) wouldn't physically stop them from going to court and filing a suit. It would only mean that you could ask the judge to dismiss the case. That's not really all that different from asking the judge to rule in your favor because the contract says the deposit is non-refundable. If they're only willing to sign a waiver if you return the deposit, you cannot make them do it.

The best way to get something drafted is to consult with a local attorney and get an idea of what they would charge. Prices vary dramatically. If you prefer, you can write it yourself, but keep in mind that each party has to give something up before it would be enforceable.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 23619
Experience: Lawyer
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