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Breech of contract?

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LoveMyPuppa

Junior Member
What is the name of your state? Ohio

This post may be a little long-winded, but I feel that there are many details that anyone reading this should know.

My husband and I have a pair of bird dogs. They are both AKC registered, both with outstanding pedigrees. We bred the pair, and the female whelped 10 beautiful puppies early in 2006. We sold 7 of the pups, decided to keep one female, and were looking for buyers for the other 2 pups. An emergency family situation arose in July of 2006, and we were forced to make the decision to place an ad in the local paper and advertise the pups "Free to a good home", as we were supposed to move across the country. A man came to look at the pups. After speaking to him for close to an hour, my husband and I felt that he would be a good owner. We talked to him about the importance of feeding the pup high quality dog food (he assured us he would continue feeding the pup the same food we feed our dogs). We discussed the importance of proper training, and again he assured us that he would work with the dog on a weekly basis, and would hunt the dog frequently. We live in a very cold area of the United States - winters in Ohio can be brutal. We discussed with him the importance of proper care if the pup were to be an outside dog, and he assured us the pup would be a house dog. The next day, the man brought his son to our home, asking if we still had another pup available. The man and his son wanted to make the pups a hunting pair, and said they would be getting involved in field trials. My husband and I thought it was a wonderful idea, and agreed to give the last pup to the man's son. (Let me insert here that the family emergency subsided, and we didn't have to move across the country)

To shorten this post ... we have discovered that this man is neglecting and abusing these dogs. They are both in a small outside kenned that has no roof. There is one dog house that has no floor, so the dogs are sleeping in inches of mud and feces. The stench is overwhelming. The dogs are covered in mud and feces. They are both too thin, and both times I have been to see the dogs, their food and water pans have been empty and filthy - one time I found all of the pans filled with muddy nasty water.

Husband wants to sue for breech of contract and try to get the dogs back. Everything was verbal, and I don't think it would work. I want to call the authorities, but husband is afraid if we go that route we will lose any chance of getting the dogs back, and they may end up being put to sleep, or in a worse home.

What is our best course of action?
 
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LoveMyPuppa

Junior Member
Ok, I shortened the post. Would like to add, though, that we have offered the man a large sum of money to buy the dogs from him. He refused.

My husband feels that the man breeched the verbal contract, and that we can get the dogs back by going to court because the ad we put in the paper says "Free to a GOOD home." and clearly, they are not in a good home.
 

BelizeBreeze

Senior Member
Ok, I shortened the post. Would like to add, though, that we have offered the man a large sum of money to buy the dogs from him. He refused.

My husband feels that the man breeched the verbal contract, and that we can get the dogs back by going to court because the ad we put in the paper says "Free to a GOOD home." and clearly, they are not in a good home.
no contract exists, either written or verbal. Therefore, all you have is to file a complaint with the local animal shelter.
 

JETX

Senior Member
I agree with BB. You gave the pups unconditionally to someone. There is NO contract and you have no right to impose conditions on the owners.... or rights to the animals.

Next time you face this type of situation... put your conditions in writing and get the proposed owners signature.
 

Mellie2019

Junior Member
Call the Authorities

Personally, I would start with taking pictures of the situation if possible. Then I would put a "what if?" call to humane society. Asking if you found this situation, what would the procedure be for you to "adopt" the dogs if they were removed from the home.

Most dogs are not not put to sleep immediately. They get care and then placed for adoption. Maybe if you "stake" a claim for priority, you can get them back. Court may take too long. Immediate action would be photos and Humane Society.
 

Ohiogal

Queen Bee
Personally, I would start with taking pictures of the situation if possible. Then I would put a "what if?" call to humane society. Asking if you found this situation, what would the procedure be for you to "adopt" the dogs if they were removed from the home.

Most dogs are not not put to sleep immediately. They get care and then placed for adoption. Maybe if you "stake" a claim for priority, you can get them back. Court may take too long. Immediate action would be photos and Humane Society.
And if OP shows up on the guy's property to take pictures she better realize that she will be breaking the law.
 

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