Dog World Sarasota dba OtVitosha Kennels review: Business Practices

In February, 2011 we responded to an online advertisement for an 'OtVitosha' Belgian Malinois puppy at this website: http://www.malinoispuppies.com/. The website was very professionally done, and extolled the virtues and benefits of purchasing a puppy from Ivan Balabanov, as he is a genuine expert in his field.

At this time the website's owner, Ivan Balabanov, was in some type of a business relationship/arrangement with 'Dog World Sarasota, LLC' and its owner David Thomsen.

Apparently the phone number to call for more information on the www.malinoispuppies.com website was forwarded to Dog World Sarasota, LLC's phone system, and when we called the number we spoke with a Ms. Thomsen at Dog World Sarasota (and not Ivan Balabanov), who arranged for her husband, David Thomsen to return our call to discuss our needs for one of Ivan's Belgian Malinois puppies. Ms. Thomsen indicated that several litters were planned for the summer and felt we had a good chance of obtaining a puppy selected by Ivan in the Fall of 2012. We spoke with Mr. Thomsen and he provided us with instructions on how to place ourselves on a waiting list for one of Ivan Balabanov's Begian Malinois puppies. Mr. Thomsen also forwarded us a sample copy of the puppy agreement, which we read.

We followed Mr. Thomsen's instructions and sent a letter describing our needs and a $500 which was described as "non-refundable except in the case where a suitable puppy can not be provided."

We contacted Mr. Thomsen late in June to see how the summer breedings were progressing, and noticed several breedings advertised on Ivan Balabanov's website. Mr. Thomsen's response gave us pause for concern, as he stated that one of the breedings we asked about was not available. We then asked about other advertised litters from the website and did not receive a response or return phone call, so we began to search the website further and called one of the other phone numbers listed. We reached Ivan Balabanov and were told by Mr. Balabanov that he had left the employment of Mr. Thomsen, was no longer working for Dog World Sarasota, did not have any record of our name being on a puppy waiting list, and did not have our $500 deposit. Mr. Balabanov recommended we contact Mr. Thomsen and see about a refund.

We contacted Mr. Thomsen again in early July of 2012 and demanded and explanation. Mr. Thomsen at first stated that our check had NOT been made out to him or his company. This was untrue. We informed Mr. Thomsen that his company, 'Dog World Sarasota LLC' had a fictitious name on file with the Florida Department of State - Division of Corporations, and that his company HAD cashed our check, as it has an official dba of 'OtVitosha Kennels, ' and the check had clearly been deposited into his company's bank account. Mr. Thomsen then stated "Let me make this simple for you, you have to write me a letter stating that Mr. Balabanov would not honor your $500 deposit." We pressed Mr. Thomsen on the issue of the deposit, and asked if he had the deposit or had paid it to Mr. Balabanov. Mr. Thomsen would only state that he had provided Mr. Balabanov with the deposit money through Mr. Balabanov's contract; although, we did not understand the exact relationship between Mr. Thomsen and Mr. Balabanov regarding this $500 deposit, and Mr. Thomsen refused to elaborate. Mr. Thomsen also stated that Mr. Balabanov had taken Belgian Malinois dogs from the kennel without his permission, and that he was in the process of filing a law suit against Mr. Balabanov. We then expressed concern that, if any of these dogs were being utilized for breeding, and there was a legal question about the ownership of these dogs, we did NOT want a puppy under these circumstances, as the litter's ownership might also be questioned in a law suit of ownership or breeding rights.

The entire situation seemed like a big mess, and we respectfully asked Mr. Thomsen for a full refund. He refused to provide one, stating that he could provide us with an 'OtVitosha' Malinois puppy from his kennel. We told him that this was unacceptable as the original advertisement and websites we responded to were for a puppy from Ivan Balabanov's Ot Vitosha Belgian Malinois dogs, and the website also stated that Ivan was an expert at selecting the appropriate puppy to fit a person's needs. Mr. Thomsen still refused to provide a refund, stating "the deposit was non-refundable." We countered with, "But the deposit states 'non refundable except in the case where a suitable puppy can not be provided.'" It is our opinion that a puppy, clearly not as originally advertised, not selected by Ivan Balabanov, and with a sire/dam (parent's) who may clearly have ownership rights in a legal dispute is NOT a 'suitable' puppy. But Mr. Thomsen does not see it this way.

We filed a voluntary mediation request with the Florida 12th District Court. Mr. Thomsen refused to mediate the dispute in any way whatsoever. We filed a BBB complaint. Mr. Thomsen refused to provide the refund.