Contract dispute

[Mark180]

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

Hello,

Let me first off say that I'm not fully sure if I'm posting this in the right forum. My parents bought a dog from a breeder in NJ (we live in NY) and part of the contract was for the dog to be bred and the breeder keeping two of the puppies from the litter, unless it is proven the dog is unable to breed. The contract also states that the breeder co-owns the dog until the breeding requirement has been fulfilled, at which time, the breeder signs over the AKC papers for the dog. At the end, there is a clause stating that failure to comply results in my parents paying the breeder. My parents have so far followed the contract, but have recently decided they would rather pay the money and keep all of the litter. The breeder is threatening court action and also mentioned the possibility of taking the dog my parents bought (which the contract says the breeder co-owns). They are not mentioning the money, but instead focus solely on lawsuit threats to have my parents hand over two dogs of the breeders choice. I don't know a lot about the law, but my understanding from what I read in the contract is that, while it is not written to give us a choice between money or dogs, we would be choosing to not comply and therefore, hand over the money, which my parents are fine with. There is nothing in the contract about a timeline to pay off the money for failing to comply (it simply states the money and lawyer and court fees). There is also nothing about my parents solely owning the dog at that point or getting the AKC papers (which in all honesty, they really aren't too concerned about). Short of working out some agreement, would the contract bind the breeder to taking money (with a possible timeline to pay it off) and would the payment result in my parents solely owning the dog and her puppies?

Thank you,

Mark

 

[swalsh411]

The breeder can sue for damages due to breach of contract. She cannot successfully sue to force them to give the dog back. If they are in possession of the dog it's their property. There is no such thing as a "title" to dog like with cars.

 

[justalayman]

The contract also states that the breeder co-owns the dog until the breeding requirement has been fulfilled, at which time, the breeder signs over the AKC papers for the dog.

based on this statement, paying "all the money" (whatever that means), and keeping all of the litter is not an option in the contract. If you do not comply with the contract, there is no requirement to provide the AKC papers.

while it is not written to give us a choice between money or dogs, we would be choosing to not comply and therefore, hand over the money, which my parents are fine with.

but that is not your choice to make. As such, the seller can sue and seek some remedy to the situation. He would have a right to seek to rescind the sale (completely undo it), specific performance (where all parties are ordered to comply with the contract as written) or any other remedy he chooses.

It would appear he is seeking the option of specific performance or a rescission. He will likely one or the other if it goes to court. If your parents refuse to comply, the court will order some other remedy or impose penalties for refusing to comply with a court order.

Short of working out some agreement, would the contract bind the breeder to taking money (with a possible timeline to pay it off) and would the payment result in my parents solely owning the dog and her puppies?

Not from what you have presented. If the result you suggest is not an option within the contract (and it doesn't appear to be), it isn't up to your parents to decide that is how they want things to end up.

 

[justalayman]

The breeder can sue for damages due to breach of contract. She cannot successfully sue to force them to give the dog back. If they are in possession of the dog it's their property. There is no such thing as a "title" to dog like with cars.

incorrect. A rescission of the sale would allow the breeder to reclaim complete ownership of the dog in question.

and yes, there is such a thing as title to a dog. It is not registered with the state generally but there is a title to a dog just as with anything else. Even if it is an intangible item, there is still a title.

Kind of like real estate. There is no certificate of title you can hold in your hand but there surely is an intangible title that can be proven. A certificate of title is only a physical representation of the intangible title which is actually nothing more than a right of ownership.