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Seller refuses to give copy of contract for dog

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334ZXGLF

Junior Member
Arizona (only U.S. law)

I purchased a dog on payments the original verbal agreement was that the dog was to have full AKC registration(although the seller is not the breeder of the dog) and the right to breed him. Upon the last payment the seller wanted the dog back, but I refused and wanted to continue to finish paying off the dog, there was quite a struggle about the issue and the seller finally aggreed to accecpt the final payment and sign over the AKC registration. The Seller however wanted me to sign a handwritten contract and in the contract it stated that I was not allowed to breed the dog. Not realizing this I signed. I also asked for a copy of the contract, after a few days of waiting for my copy I asked again and the seller stated in writting that he would not provide me with a copy of the handwritten contract. My question is, does the fact that he is refusing to provide me with a copy of the handwritten contract make the contract void? Does this dismiss the contract? Thanks!
 


Mass_Shyster

Senior Member
Arizona (only U.S. law)

I purchased a dog on payments the original verbal agreement was that the dog was to have full AKC registration(although the seller is not the breeder of the dog) and the right to breed him. Upon the last payment the seller wanted the dog back, but I refused and wanted to continue to finish paying off the dog, there was quite a struggle about the issue and the seller finally aggreed to accecpt the final payment and sign over the AKC registration. The Seller however wanted me to sign a handwritten contract and in the contract it stated that I was not allowed to breed the dog. Not realizing this I signed. I also asked for a copy of the contract, after a few days of waiting for my copy I asked again and the seller stated in writting that he would not provide me with a copy of the handwritten contract. My question is, does the fact that he is refusing to provide me with a copy of the handwritten contract make the contract void? Does this dismiss the contract? Thanks!
Refusing to provide you with a copy of the contract does not make it unenforceable. He could always claim that he gave you one and you lost it.

but....

As you described it, the contract modification may be unenforceable.

You agreed to pay X for the animal with registration and breeding rights. After you began paying, the other party changed the rules, and forced you to give up breeding rights. Unless you were given something in exchange for this modification, it is likely unenforceable. It sounds like all the party agreed to do was what he was already required to do under the terms of the contract.

So what happens if you breed the dog? Are you subject to some penalties for breeding?

What happens if you sell the dog, and the new owner breeds the dog? Are you subject to penalties?

It sounds like the seller would have to sue you for breach of contract. At that point, you would have to prove that the original contract did not call for any restrictions on breeding, and that the modified contract is unenforceable for lack of consideration.

That lawsuit will cost both sides. Are both sides willing to wage a legal battle? Are both sides capable of waging a legal battle?
 

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