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BREEDER:
Patricia Gann,
Patti's Dachshund Farm, 3829 County Road 32, Arlington, AL 36722
I live in Hanover, PA, and have been searching for a smooth white male dachshund puppy. On February 17, 2017, I found a puppy for sale on Ms. Gann's website:
http://www.pattisdachshundfarm.com/new-puppies/
The puppy's description on February 17, 2017:
Carlie’s Short Haired AKC and CKC Registered Extreme Blue Piebald Male
This gorgeous little boy is solid White except one little Blue Eye. He is AKC and CKC Registered, Health Guaranteed for 1 year, with Full Breeding Rights, and is $900.
Original photos attached
I emailed Patti to express interest. She told me she needed a $300 nonrefundable deposit to hold him.
On February 21, 2017, I mail a check to Patti for $300. I asked to send the deposit via Paypal for buyer protection but she refused & advised she will only accept a check or money order, period. On March 14, 2017, Patti deposited my check (I had asked her to hold it until funds were available & she did)
Every several days Patti posted new pictures, as the puppy grew
On April 1, 2017, I log on to Patti's website and notice the latest photo of the puppy. I cannot believe my eyes. He is not solid white, but white & tan and his once pink nose she advised would be "liver" is now spotted & freckled, I am deeply disappointed. I believed I was buying a "solid white" puppy. I placed a deposit on a "solid white" puppy.
I booked a trip to Alabama to purchase a "solid white" puppy with one blue eye. I made hotel & rental car reservations and purchased a round trip flight. I am stressed about losing that money, but I know I just can't buy him. It wouldn't be fair to the puppy or me.
I notify Patti on April 1, 2017, he is not what I believed I was buying. He is not solid white with one blue eye and a liver nose. He is white n tan with a spotted nose. I ask Patty for a refund.
Patti's response on April 2, 2017, to my request for a refund:
"Eve, I am sorry, but it was a Non-Refundable Deposit, and I told you that before you ever sent me any money...and I waited with a check of yours for a long time before you paid me. There are no Refunds...I could have already sold him."
On April 4, 2017, I log on to Patti's website and see a new photo of the puppy. I note she changed the description from "extreme blue" to "extreme blue n tan" and the puppy is sold:
"Carlie’s Short Haired AKC and CKC Registered Extreme Blue and Tan Piebald Male is Sold to Chris."
I email Patti on April 4: "I am happy to see Carlie's extreme blue piebald smooth male puppy has been sold. I ask that you kindly forward a check in the amount of $300 representing the return of monies I paid for this puppy, by check or money order to..."
NO. She steadfast refuses to return the deposit, and advised she'd provided a receipt stating the $300 deposit was "nonrefundable." I search our email threads. I do not find a receipt & ask her to produce it. To date, she has not produced the receipt she claims she provided.
I put a $300 deposit down to purchase a solid white puppy not a white n tan puppy. This transaction took place by email there is no contract of sale, or document setting forth the terms regarding the deposit. The puppy does not match the written description or photos of the puppy advertised that I put a deposit on to buy and the puppy is now sold.
I am requesting a refund of the $300 deposit.
