To refuse to sell this lady a puppy?

[ensete]

I have a litter of working golden retrievers, i collated a waiting list before I had our bitch mated and I spent a long time speaking to interested parties to find the best homes I could do - this is how I have dealt with previous litters.
Both parents are working gundogs and I stated that whilst I didn't need working homes I would only consider active homes with the space to accommodate a large working breed.
One of the families who is on my list contacted me today just to say "hi, my husband and I have decided to split up, I will still be wanting the puppy but my address will now by Flat4a XYZ Town"
I messaged back to enquire what sort of set up it was and she confirmed it's a flat on the top floor with no garden or outside space. I've confirmed with her that I'm not happy to sell a puppy to a home without any outside space and I will refund her deposit immediately and advertise the puppy. She's refusing to give me her bank details and says she wants the pup and will take legal action if required. My argument is that the home I vetted is no longer the home she's offering and therefore I'm not willing to sell her the puppy. To me, changing the home on offer isn't dissimilar to her changing the amount of money she is willing to pay for the pup. The homes I find for puppies are very important to me, I'm not a big breeder, I've just had a litter for my own purposes to keep the next generation and I need to know my puppies are going to the right sort of home.

Yanbu and I'd do the same in your position

Keep evidence that you've offered her a refund so if she does want to try and take you to court you can evidence that you've offered her a refund. I do however doubt it'll ever get that far. Sell the puppy to someone better suited who will put the dig first

er new neighbours would be grateful if they new about your refusal
(imagine a thread which starts; My upstairs neighbour is out at work all day & has a big dog which howls)
Actually I would imagine the flat would probably have rules against dogs in upstairs flats -it might be an interesting google to find out who manages the flats - than you could send her a message pointing that out

You are a fantastic breeder. There needs to be more like you
Just be careful incase you suddenly get new interested parties... ( ie her friends)

She will def say how disappointed her kids are next... you are doing the right thing.

Honestly! Her & Knew!

@ensete I think I'm a little bit in love with you.....you really care about the dogs. Thank you

YANBU not to sell her the pup.

YABU not to have supplied us with pictures of said pups

@ImInStealthMode

YANBU not to sell her the pup.

YABU not to have supplied us with pictures of said pups

THIS!!!!!!

Jeez how many times do we have to beg ask...
.YABVU to not give us any puppy pics. It's the least you could do after all the advice

I'll be honest, the flat with no outside space is a no go for me, without any other reason. (and I did ask whether she had a balcony and the answer was no)
But the bit I liked about their set up was that her husband was an agronomist, home based in a capacity where the dog would go with him on farm inspections and that sat very nicely with me. She is office based and so she will be out all day, and although she said she would get a dog walker, when the puppies leave at between 9-10 weeks they will need a lot more than a dog Walker once or even twice a day.
I do feel that actually, with them being MY puppies at this point, I don't even need to justify myself. But I'm annoyed she threatened legal action when actually I'm just trying to do right by the little nuggets.

Photo of golden nuggets in garden today. It's difficult to get a photo at the moment because they are FLAT OUT shuffle mode. They have lovely crinkly noses and puppy breath.

Wow, completely unreasonable to leave a puppy (or a dog) home all day with someone just dropping in once or twice :( That's not a good life for them

That's why I couldn't breed dogs. I'd have to keep tabs on them their whole lives and take them back any time there was a problem.
Remember when we bought our airedale, the breeder said he might pop round at any time to check on their welfare. Good for him.

@ensete

Photo of golden nuggets in garden today. It's difficult to get a photo at the moment because they are FLAT OUT shuffle mode. They have lovely crinkly noses and puppy breath.

What gorgeous babies!! No wonder you feel so protective!

Nope no way.
Funnily enough I had this debate albeit slightly different the other day with a friend. A mutual friend of ours wants a puppy - a spaniel/lab - and I said if I was a breeder I wouldn't sell to her. She has quite a lot of debt and regularly borrows to pay bills. I was told I was way too harsh and that anyone should be able to buy a dog.

TBH if I had it my way we would have to have dog licences and credit checks.. the works. Way too many rescues are full and way too many 1 yr old pups on gumtree due to people getting a dog which simply is not suited to them or that they ultimately cannot afford.

Lovely pic!!

Chunky fluffiness

@ensete

I'll be honest, the flat with no outside space is a no go for me, without any other reason. (and I did ask whether she had a balcony and the answer was no) But the bit I liked about their set up was that her husband was an agronomist, home based in a capacity where the dog would go with him on farm inspections and that sat very nicely with me. She is office based and so she will be out all day, and although she said she would get a dog walker, when the puppies leave at between 9-10 weeks they will need a lot more than a dog Walker once or even twice a day. I do feel that actually, with them being MY puppies at this point, I don't even need to justify myself. But I'm annoyed she threatened legal action when actually I'm just trying to do right by the little nuggets.

I obvs don’t know her personal circumstances but I would think if you were going through a divorce and downsizing to a flat, the last thing you’d want to do is take on legal action and pay more lawyer fees. I think it’s an empty threat, but annoying nonetheless. YANBU

@ensete

Photo of golden nuggets in garden today. It's difficult to get a photo at the moment because they are FLAT OUT shuffle mode. They have lovely crinkly noses and puppy breath.

I am trying really really hard to remember what a Dickhead my Goldie was when he was a puppy so I’m not tempted to get another one

As the owner of two very high drive working goldies and as a trainer who attempts to pick up the pieces when totally unsuitable home setups like the one you have outlined are allowed by less scrupulous breeders.......thank you for standing up for what is right for the puppy.

@ensete

Photo of golden nuggets in garden today. It's difficult to get a photo at the moment because they are FLAT OUT shuffle mode. They have lovely crinkly noses and puppy breath.

😍😍😍😍

[quote ensete]@TonyChestnut the implied contract would be me agreeing to sell her a puppy on account of the home she confirmed she could offer it - those circumstances have changed and are fairly fundamental to the agreement to sell? [/quote]
You need to go one step further and look at remedies for breach (even if you ignore the implied terms stuff).

Remedy 1: Damages. There will be no loss as OP will have refunded the deposit (unless she is selling below market value).
Remedy 2: Specific performance (i.e. a court says the puppy is unique so forces OP to comply with the terms of the contract. In this situation, that probably won't be poss as a bona fide purchaser for value will have already acquired the pup;

In any event, she's not going to issue proceedings.

@ensete wow thankyou for the lovely picture! I have to golden retrievers and I’m so pleased you are being so responsible and caring you sound a brilliant person.

Awww!

Look at those puppies.

I agree with you and it is refreshing to read. No one with no outside space should be getting a dog least of all a large working breed. You sound like a rare breed OP, caring about your puppies and their futures and doing your upmost to ensure the best for them. I find it mad that someone is seriously wanting a dog whilst divorcing, working and moving to a flat, pups are a lot of work. I volunteer for a breed charity and they are currently inundated with pups and dogs acquired in the last two years, many are from inexperienced owners wanting dogs without realising the commitment.

Oh - can I have them all please? I'm sure my four rescues won't mind! ;-)