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Breach of contract?

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Mark180

Junior Member
What is the name of your state (only U.S. law)? NY

A dog breeder sold me a dog and it has all sorts of stipulations and says failure to comply means $1,000 payment to them, lawyer fees, etc. Without going into all the reasons for why, I chose to not comply figuring the extra payment would be worth getting out of the contract. Now the breeder is saying the AKC papers were not guaranteed if breach of contract and payment made (contract seems to be in his favor), or he would give limited registration if I continue to comply with contract. Contract only listed 'AKC registration papers' and said nothing of limited or full. He's saying I'm in breach of contract and can be made to pay the money, even if I follow the contract at this point. Also, part of the contract says the dog (a girl) must be bred by her second season unless mutually agreed on by both parties for a later season. He's suppose to choose the stud and no contact was ever made about it, and now the dog is on her third season. The contract makes no mention of who contacts the other person. Did we both breach the contract at that point (without realizing it) and make the contract void?, also, if we both breached it, would I have a good chance of getting full papers without paying the $1,000 payment for breaching?
 
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tranquility

Senior Member
Did we both breach the contract at that point (without realizing it) and make the contract void?,
I don't know if both breached, but, even if they did it would not make the contract "void".

also, if we both breached it, would I have a good chance of getting full papers without paying the $1,000 payment for breaching?
Both need to fulfill the contract.
 

mmmagique

Member
You're not going to get "breeding papers" for the price of "pet papers". So you either pay the $1000. or have the contract re-written and breed the dog as the breeder wanted in the beginning. (but later)

Or you could just get her fixed, (which is probably preferable) and have a great pet! :)
 

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