puppy contract

[dgalloway]

I sold a pure bred boxer puppy in July, and the new owners signed a contract with me stating that if they no longer want the dog, that I will be notified immediately and given first rights to the dog. They have had him now for about six months and have tried to sell him 2 times without notifying me or giving me the option to take him back. I told her I want him back, and she said she changed her mind and now wants to keep him. she refuses to give him back to me. Not even for a refund, which it clearly states in our contract is up to my discretion. I have the add in the paper that proves she tried to sell him and I truely believe this is just a power trip for her. My lawyer said I should just give up on it because if I sued, I would have to state an amount of money that I want from her and it would take a large amount of money to sue as well as a ton of time...possible six months or so till I could even get the dog back if that's what the judge decides. I don't want any money, just want the dog back to re-home. Is there anything I can do?

 

[Michael Wechsler]

Your lawyer is right. You want the dog - not the money. In order to do so, you'd need to file a case in a higher court than small claims - that will be a few hundred dollars. Then you'd probably need to request a judge to intervene and issue a restraining order, preventing the dog from being sold or transferred. I'm guessing that you don't have special clauses in the agreement and you'll also need to go through with the case to get the dog, etc. etc. etc.

What might be best? Here's a thought - perhaps you may want to send them a demand letter, certified mail, and tell them exactly what you said here - breach of contract, attempts to sell the dog to third parties, etc. Let them know you're greatly disappointed and thought you made a deal with honest people and you cannot understand why they refuse to honor the agreement and just do the right thing. Inform them that you want to dog and, if you cannot get the dog back and they cannot do the right thing, you will sue them for for additional damages such as pain and suffering and attorneys fees. Perhaps that will get the remedy you seek using the courts via some economical fashion.

Best of luck, sorry about the dog. Others here feel free to put in your opinions...