• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Purchase of Breeding Dogs

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

jacey

Guest
We purchased a pair of breeding dogs a few days ago. The ad said Breeding Pair of Mastiffs. We purchased them and brought them home. Double checking the male dog we noticed that he had high testicles. Took him to the vet and was told he would need to be neutered. We paid $1500.00 for the pair. When talking to the sellers about this, they said they would work with us on it and get back to me. Haven't heard from them since then. Since I have the receipt for the purchase price and the ad, would I be able to get my money back? We live in Minnesota and the dogs were purchased in Iowa. If I take this to small claims court, would I be able to charge them for any vet bills aquired and boarding of the dogs until it is settled? These dogs have very big appetites? The sellers knew that we bought these dogs for breeding and not for pet quality. Please help!
 


JETX

Senior Member
It sounds to me like you are claiming a 'breach of contract' in that the dogs cannot be used for breeding, and possibly a violation of the 'warranty of merchantability' in that the product cannot be used for the purpose that it was clearly intended.

So first, you need to determine if you have a contract and if there was an understanding of the use of the 'product' (I know, these are dogs, not equipment, but in the eyes of the law, they are property and not live animals).

1) Does the bill of sale (contract) refer to these as 'breeding' dogs? If so, then you might be able to support your claim.
2) What, if anything, does the bill of sale say about if the dogs were not acceptable for breeding??
3) What is the (fair market) value of the two dogs if NOT for breeding purposes?? (I don't propose to know the value, but it seems that $1500 for two mastiffs does not represent an excessive value... and based on answers to these questions that difference in value may be your only 'damages'.)
4) Do you have the sellers agreement ("would work with us on it") in writing?? If not, send them a letter (Certified RRR) detailing your situation, there statement to work with you, your out of pocket costs and what you expect them to do. Let them know that you are willing to negotiate a resolution. Give them a specific deadline (7 days??) to respond. Make your letter neutral and to the point. Do not ramble or threaten.
5) Finally, is this raised 'testes' a problem that either cannot be 'fixed' or something that an experienced 'dog person' should have noticed on inspection??? If yes to either of these, it could weaken your case.

Finally, you need to decide what you will do. I have known of several of these cases where the 'new' owner has fallen in love with the dogs anyway and still wanted to keep them. If this is the case, then you could not recover any costs (food, boarding, etc) since they would be normal expenses. Are you prepared to give both dogs back if you pursue this matter to the end (either court or agreed return)???
 
D

dick

Guest
Breeding dogs

Just my personal opinon,but you should get either a new
male(from the person you bought dog). Or get full refund,
including any vet or shelter expenses.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top