Can a buyer legally take back a puppy after they have returned it to the breeder?

[EmmaNigel]

What is the name of your state (only U.S. law)? Pennsylvania

I am a dog breeder. I had a buyer purchase a puppy from me several months ago and return him due to a health issue on buyers part. I had them sign an agreement (we both signed it) that if I decide to sell the puppy I would give them the money I got back (minus vet fees while in my care) or if I decided to keep the puppy, no money is to be refunded. The contract states that it is at my discretion if I keep or sell the puppy. I decided to keep the puppy. The buyer is now threatening that if I don't give them back their money, they want the dog back. The puppy was returned to me and has been in my care for 5 months. Can the buyer legally get the puppy back since a contract was signed between the both of us?

 

[Proserpina]

What is the name of your state (only U.S. law)? Pennsylvania

I am a dog breeder. I had a buyer purchase a puppy from me several months ago and return him due to a health issue on buyers part. I had them sign an agreement (we both signed it) that if I decide to sell the puppy I would give them the money I got back (minus vet fees while in my care) or if I decided to keep the puppy, no money is to be refunded. The contract states that it is at my discretion if I keep or sell the puppy. I decided to keep the puppy. The buyer is now threatening that if I don't give them back their money, they want the dog back. The puppy was returned to me and has been in my care for 5 months. Can the buyer legally get the puppy back since a contract was signed between the both of us?

You have the puppy AND the money?

While you may have a contract, there appears to be a lack of consideration here.

Read this: http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2

 

[latigo]

What is the name of your state (only U.S. law)? Pennsylvania

I am a dog breeder. I had a buyer purchase a puppy from me several months ago and return him due to a health issue on buyers part. I had them sign an agreement (we both signed it) that if I decide to sell the puppy I would give them the money I got back (minus vet fees while in my care) or if I decided to keep the puppy, no money is to be refunded. The contract states that it is at my discretion if I keep or sell the puppy. I decided to keep the puppy. The buyer is now threatening that if I don't give them back their money, they want the dog back. The puppy was returned to me and has been in my care for 5 months. Can the buyer legally get the puppy back since a contract was signed between the both of us?

Do you sincerely believe that you can get away with that swindle?

How about letting me take one of your expensive pups and I'll write up an agreement that if I decide to sell it, I'll pay for it. But if I decide to keep it you get zilch?

You may not think that such an agreement is unconscionable and thus unenforceable, but you'll have a tough time convincing a judge that it isn't.

And if you think the deal is binding simply because your hapless buyer foolishly signed it, think again.

 

[TigerD]

A requirement to surrender a dog to the breeder without refund in certain circumstances is quite common. However, as noted, this contract may need revision. Perhaps you should get a sample contract from the AKC or a more established breeder.

DC

 

[Rwedunyet]

Did you offer a replacement puppy? How old and what breed is the dog? Do you intend to title this dog?

and Could you post, word for word, a copy of your contracts? I may can help with your contract.

Many breeder contracts require that an owner return a dog to the breeder if the owner is unable to keep the dog. I wont purchase from a breeder who does not have this requirement. Sounds silly I guess, but it tells me that the breeder cares about his/her dogs and their bloodline by attempting to prevent their dogs from ending up at a rescue or shelter. Most contracts do not require the breeder to pay for the returned dog, but a good breeder will offer a replacement puppy in the right situation. The previous owner's poor health is not a good reason to provide a replacement puppy.

I agree with debtcollector, you seriously need to revamp your breeder contract. If you plan on taking your puppies and/or grown dogs back, you need to CLEARLY state whether or not you will refund any money. You need to include a mandatory spay/neuter (offer a partial reimbursement upon proof of spay/neuter). Clearly spell out your health guarantee, and the requirements for obtaining a replacement puppy, if appropriate. If your buyer plans to show the puppy, some contracts will allow for a co-breeder rights, or sole breeder rights once the dog or bitch is titled. No part of your contract should EVER allow for you to pay financial compensation based an "if", unless the dog is returned within the guarantee/grace period. If you are not offering a limited health guarantee or grace period, you need to stop breeding until you can do so. It's black and white, grey areas are not acceptable. Grey areas render a contract unenforceable.

 

[betachains]

Do you sincerely believe that you can get away with that swindle?

How about letting me take one of your expensive pups and I'll write up an agreement that if I decide to sell it, I'll pay for it. But if I decide to keep it you get zilch?

You may not think that such an agreement is unconscionable and thus unenforceable, but you'll have a tough time convincing a judge that it isn't.

And if you think the deal is binding simply because your hapless buyer foolishly signed it, think again.

Huh? It is pretty standard that the purchaser can return the puppy with no compensation.

 

[Proserpina]

I'd love to see what the "contract" actually says.

 

[Rwedunyet]

Me too, Pro.

I wonder if OP will come back and post the contract.

I was a breeder for a while, and sold dogs to be used as service dogs. May not be the most knowledgeable person around here, but I'm fairly competent at breeder contracts.

 

[EmmaNigel]

Me too, Pro.

I wonder if OP will come back and post the contract.

I was a breeder for a while, and sold dogs to be used as service dogs. May not be the most knowledgeable person around here, but I'm fairly competent at breeder contracts.

The first part of my contract states that I have agreed to take back the puppy from the buyer. It has the buyers name and the date the pup was returned. Second part states: "We the breeder agree to take the puppy back and either keep him or find another suitable home for him at our discretion. If said puppy is resold, the price we resell for will be sent back to the buyer (minus vet fees incurred while in our care) as soon as the puppy is placed in its new home". It was then signed and dated by both of us.

This is the first time I have run into this problem in the 9 years we have been breeding. We try to ensure that all of our pups get the very best possible home with people who are ready for the commitment. I was definitely wrong about this buyer. I get a call telling me she wants the dog gone that day. I asked what the problem was and she tells me raising a puppy was harder than she expected and with her medical issue she needed the dog gone. I made arrangements and brought the pup back that afternoon. I had her sign the contract and I took the pup back. The pup had fleas when she came back to me and was nervous around small children, before selling her she was fine with kids. I did not find a home I was comfortable with selling her too and I made the decision to keep her. This was 5 months ago. I now got a letter in the mail the other day from this buyer that if she can't get her money back she wants the puppy back.

 

[EmmaNigel]

Me too, Pro.

I wonder if OP will come back and post the contract.

I was a breeder for a while, and sold dogs to be used as service dogs. May not be the most knowledgeable person around here, but I'm fairly competent at breeder contracts.

I also want to mention that the puppy was not returned due to a health issue, this is simply because the buyer didn't want the responsibility anymore. I was shocked to get that phone call, before that she sent me emails and we had talked on the phone multiple times and every time she said how much she loved the pup. I am not comfortable letting the pup go back to her. The pup has adjusted well here and I don't want a home for any of our pups that is so easily willing to let them go.

 

[Rwedunyet]

It would be helpful if you would answer the rest of the questions, and provide the contents of your original contract. Your original contract should have all this covered BEFORE the pup is sold.

However, I cant see that your contract, as it is, is worth much at all. There is too much "if" involved.

From a breeder standpoint, I would ignore her request completely and wait to see IF she actually tried to make a legal move at all.

I was once in a somewhat similar position, however, I had a pretty solid contract with no grey areas.

From my own contract:

The dog/bitch may be returned for a full refund and for any reason, minus initial wellness exam and recommended treatment fees until the age of 6 months.

In the event that the dog/bitch must be re-homed after the age of 6 months, any and all placements MUST be mutually approved by the current owners and the breeder (my name here). (My name here) agrees that she will provide a home for the dog/bitch in the event that a mutually approved placement cannot be provided within 8 weeks, and that no monies shall be exchanged between the current owners and the breeder, (My name here), during this re-homing process. Upon placement into the home of (my name here) all rights, including but not limited to breeding rights, showing rights, and training rights, are fully restored to (my name here).