What are my odds?

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

Hi Everyone! This is my first post and I appreciate all the input I can get! I bought a dog from a breeder (a reputable breeder) and took the dog home. I took the dog to my vet about a month after I had her and found out the dog needed some type of inner ear surgery. I did let the dog swim in my pool and the vet said she wasnt sure how the inner ear problem happened. I told the breeder that the dog had to have surgery but I didnt ask for any help. Now I had made arrangements to pay the breeder in installments. I had only made one installment for the dog when I found out she had to have surgery, and I dont think I should have to pay the rest since I paid for the dog to have surgery. My question is: Can the breeder take me to court since technically I have not paid for the dog in full? Can the breeder call the police and can the police make me give the dog back?

Thanks for your help!

Since this would be a civil dispute, the only way the police would become involved would be to carry out an order from the Court to have the dog returned to the breeder for non-payment, after the breeder sues you.

At the time you agreed to purchase the dog, I'm sure that you didn't stipulate to the breeder that if the dog needed costly medical care within the first year, that you would no longer be obligated to pay the remaining balance you owe for the dog. Pay the breeder or expect to get sued. You don't appear to be very old because of the way your post is worded.

You let the dog go swimming. The dog now has inner-ear problems. Are really wanting everyone here to believe that the "vet doesn't know how the problem happened"? That's crap. You know it, the vet knows it, and we know it. Why is it that people are so quick to screw another person and dodge responsibility?

Pay the breeder what you owe and grow up. That's what you need to do.

You owe the breeder the total amount of the contract. Why did you wait a month to take the dog to the vet?

ada17 said:

Can the breeder take me to court since technically I have not paid for the dog in full?

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Technically???
You simply have NOT paid for the dog and that is a breach of contract. Yes, the breeder can take you to court and based on your post, my opinion is that she would win.

Can the breeder call the police and can the police make me give the dog back?

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Unlikely, but it is possible. Depends on the specific terms of the contract. Some contracts have the seller retain ownership until the FULL payments are made. If your contract includes that clause it could be possible for the seller to contact the police to escort during recovery. Unlikely... but possible.

Well I never had a contract with the breeder! She sold my grandparents a dog and knew my grandparents from church. We worked out the arrangements together, and she let me make the installation payments since I am in college. My other concern is since the dog wasnt paid in full by me - who technically owns the dog? Me or the breeder? When I found out the dog had an ear problem I should have just returned the dog, right?

ada17 said:

I bought a dog from a breeder

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Ok, you bought the dog.

ada17 said:

She sold my grandparents a dog

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Wait. You said you bought the dog. Which is it?

ada17 said:

who technically owns the dog? Me or the breeder?

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Have you paid for the dog in full? If not, then the breeder owns the dog, but that doesn't make the breeder responsible for medical care after you let the dog go swimming, or for anything else for that matter while the dog is in your custody and control, during a time that was agreed to purchase the dog.

The breeder had previously sold my grandparents a dog. Then I got a dog from her. So you say the breeder owns the dog, technically, can the police come to my house to get the dog?

I dont want to get in trouble but I dont think I owe for the dog since I paid for the dog to have surgery. The breeder sent me a letter in the mail requesting payment but I ignored it, and now the time period that was give for payment has elapsed. I dont think I owe anything because I never signed a contract. Aren't I right?

Do yourself, the breeder, and the dog a favor. Take the dog back. You don't seem to quite grasp the idea of purchasing something in payments, or your legal responsibility to it while you have it.

If you purchased a new car and financed it, would you own it? No. The finance company owns it until you have paid the remaining balance in full. If you crashed the car before it was paid for and paid to have it repaired, does that absolve you from having to pay the remaining balance? Not at all.

The breeder owns the dog. I've already answered your question about the police / Sheriff's dept.'s involvement if it were to come to that.

I just can't imagine that you think you don't have to pay the remaining balance YOU OWE to the breeder for the dog. Seriously, take the dog back. You can avoid being sued and having the police come to your house to execute a Court order allowing the breeder to take possession of their property after they are successful in Court.

Do you really want to create ill-feelings between yourself and people that your Grandparents know and have probably known for a long time from church? Jeez!

Ok I understand everything you said. Thanks for the info......BUT - We never had a contract, I never signed anything, I just verbally agreed to the payment thing. The breeder doesnt have any proof that I owe her any money at all. That means she cant sue me, right?? she doesnt have any evidence I owe her anything!

Do you make it a practice to try to screw people that you owe money to? Is this a habit of yours?

TAKE THE DOG BACK OR PAY THE BREEDER FOR WHAT YOU OWE HER!!!!!

YOU OWE HER FOR THE DOG**************YOU HAVE TO PAY HER THE DOG**************

THE DOG IS NOT YOURS UNTIL YOU PAY HER!!!!!! SHE CAN SUE YOU IN COURT AND WIN!!!!

SHE DOESN'T NEED A CONTRACT!!! SHE WILL ONLY NEED THE DOGS DNA TO PROVE OWNERSHIP

DID I MENTION THAT YOU HAVE TO PAY FOR THE DAMN DOG?

TAKE THE DOG BACK IDIOT!!! YOU ARE NOT SMART ENOUGH TO HAVE A PURE-BREED ANIMAL!!!!

I can't believe that you would even THINK about creating problems for your Grandparents over this. You are an immature individual that only thinks of yourself. You're a fool!

Go get a stray off of the street. That's more your style.

Jesus you're stupid.

Okay thanks for the advice. I'll let you know what happens.

ada17 said:

The breeder had previously sold my grandparents a dog. Then I got a dog from her. So you say the breeder owns the dog, technically, can the police come to my house to get the dog?

I dont want to get in trouble but I dont think I owe for the dog since I paid for the dog to have surgery. The breeder sent me a letter in the mail requesting payment but I ignored it, and now the time period that was give for payment has elapsed. I dont think I owe anything because I never signed a contract. Aren't I right?

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You certainly had a contract. There was a meeting of the minds: the breeder agreed to sell the dog for a price, you agreed to purchase the dog for that price. You gave the breeder money and a promise to pay. Meeting of the minds plus consideration equals contract.

The contract does not have to be carved into stone to exist.