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.

Wow that is so selfish I can't believe some people. No doubt about it. She doesn't have a legal leg to stand on either.

Oh so sweet

@EcoCustard

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.

That's really sad EcoCustard. What kind of reasons are they giving? Do you think they just got them to alleviate lockdown boredom?

Puppy cuteness!

I love dogs but couldnt look after one as much as they deserve so have never considered them an option. And we do have a garden which my cat loves.

A friend of my aunts had a working breed collie, I used to love playing ball with her, I can guarantee I got tired throwing before she would tire of catching and returning it to me.

In the unlike event there's a pup left over, I do have a garden.

What sort of legal action is she planning to take?! YANBU.

YANBU a friend of mine in a top floor flat returned her puppy to the breeder as it was just too hard .

Definitely done the right thing.

I’m not a big dog lover, can’t stand wet dog smell and having hair all over the place. My DH is a big dog lover. I will happily get one but I would only do it under the right circumstances, that means having a good sized secure garden and property for them to be comfortable in and around because they wouldn’t be getting anywhere near my lounge or bedrooms.

I absolutely hate seeing dogs trapped in tiny spaces and people who don’t think about the responsibility that comes with them.

Yay puppy photos! :D

Puppies! Thank you OP

What gorgeous golden nuggets!

Our working springer spaniel had a litter of pups, and we vetted all the prospective owners. One family paid a deposit and sounded so happy to have the pup, but I had misgivings as it was in the centre of the city. DH and I went to their house. No garden and a tiny ornamental park where dogs had to be on leads. I cried into the puppys neck after the visit and we decided it was the wrong environment. I felt sad for the family and children who really adored the pup, but knew it was wrong. We repaid the deposit, apologised and sold the puppy to a farmers son. So pleased I followed my heart.

I’ve known a working retriever puppy. She’s mad. Truly mad. I mean they are lovely, but not for living in a flat. I did have a dog in a flat, it was so much harder toilet training.

Her situation is very sad, but her change of circumstance means your puppy is not a good fit. It is for her benefit as well as the puppy.

Hi OP
The situation has changed. The home on offer is no longer the home you vetted. You have done nothing wrong. I.’d send a cheque recorded delivery to her new address as op have advised.

Hopefully someone with legal training can help further but on the surface of it I can’t see what grounds she could take you to court on. It’s not discrimination under the equality act and the contract you agreed no longer applies as she’s changed the puppy’s circumstances.

*pp have advised

Hooray for excellent breeders!

I once had paid a deposit for a working cocker, and went through a breakup. The puppy owners understandably withdrew sale because they wanted their pups to go to a stable and happy home. Of course I was upset, but it was absolutely the right thing to do.

Your pups are scrumptious, I’d be as protective of their future homes as you. You’re definitely doing the right thing.

Yanbu

What cute puppies! I love that breed, my DSis has had one Labrador Retriever and now has a two year old Golden Retriever. I’ve loved both of them, but I’ve seen the amount of work involved when they were puppies and know they’re not for me! (I’m a cat person anyway.)

It’s so selfish to buy a puppy if you can’t provide the right environment or commitment to looking after them. You’ve definitely made the right decision.

A Labrador in a flat. Is it a huge ground floor flat?!
My lab needed a TPLO (had a torn cruciate) when he was five. His days of climbing any steps were pretty much over.
YANBU

Yanbu op. I lived in a first floor flat for years with my own garden round the back of the person who lived below me's garden and even that was not suitable for a dog. Just cruel.

Bloody hell, you would just about die if you saw how many children and dogs live in my building.
I see so many people walking their dogs every morning and evening, yet my parents who live in a 5 bed semi with a MASSIVE garden don't walk their dog at all and he only gets walked when someone who doesn't live in the house comes to do it.
Living in a flat does not make her a bad dog owner and to be honest you sound like a snob.

If your qualms were with her now having to work 60 hour weeks because of the divorce instead of staying at home all day then it would be justified but living in a flat as the reason is actually laughable.

You are definitely right not to let her have a puppy. You don't even have to send her a cheque - just have her deposit handy in an envelope if she calls around for it. You already offered to refund it and she refused - ball's in her court now for that one.

She can't physically remove the puppy I assume? You have them all secure?

If she tries taking you to court she's going to lose the money it costs her: you agreed to sell a puppy to her and her husband as a couple, in a suitable home for your pup. Now she's single and in an unsuitable home for a pup. That's not what you contracted with her for, and she hasn't a leg to stand on. She's also proved she's a childish, selfish c*w, putting her wants before the pup's needs.

Thank you for being such a responsible breeder.

I don't disagree with your reasoning and I doubt she will decide to try to enforce the contract but if she does, I do think you might have difficulty.

Implied terms can be imposed into a contract by either common law or statute. Not just on the say so of one party to the contract. So you cannot say it was implied into the contract that her residing at a particular location was necessary for completion of the contract (because such a term does not exist in common law or statute)

You might be able to claim that the contract is "frustrated" because her address is radically different to that which was anticipated by you. But ultimately thats for a Judge to decide. The onus would be on you to prove.

All in all, I think it has to be a lesson that if you are going to sell animals, you need to have a contract and set down exactly what you expect.

@booksandnooks

Bloody hell, you would just about die if you saw how many children and dogs live in my building. I see so many people walking their dogs every morning and evening, yet my parents who live in a 5 bed semi with a MASSIVE garden don't walk their dog at all and he only gets walked when someone who doesn't live in the house comes to do it. Living in a flat does not make her a bad dog owner and to be honest you sound like a snob.

If your qualms were with her now having to work 60 hour weeks because of the divorce instead of staying at home all day then it would be justified but living in a flat as the reason is actually laughable.

"to be honest you sound like a snob."

What a crock of sh*t. What the OP sounds like is a very responsible breeder who knows her breed's needs and isn't prepared to compromise on them.

"you would just about die if you saw how many children and dogs live in my building."

Maybe some of them even manage to keep their dogs and/or children happy and fulfilled. The OP knows her pup's breed needs more space than a flat. So maybe you should butt out with the story of your neighbours and allow her the luxury of peace of mind that it's not going to live in a cramped (for it) space.