We do have the dog. The contract states that upon full payment we would receive AKC registered paper, which we have paid and he has not delivered on. After time has went on, we have found out by his own admission that the puppies are not registered with AKC at this time. Both parents are from other countries and only one is registered. If you would like to see the contract I can produce it you both.
First... the applicable Statute of Limitations:
810 ILCS 5/2‑725. Statute of Limitations in Contracts for Sale.
(1) An action for breach of any contract for sale must be commenced within 4 years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.
(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.
Second.... your claim...
At best, you MIGHT recover the value difference between a dog without papers v. one with papers. Part of the value would be whatever your intent was with the dog. If your intent is to try to recover the full value of the dog... you have to be prepared to return the dog.
