Gift-legal procedures

[Zulu_01]

What is the name of your state? Florida

My friend received a dog from her boyfriend last year as a gift, they broke up and now the bf is asking her to chip in the payments for the dog. He told her that if she doesn’t pay the dog shop will take the dog back? Is this possible? My friend received the dog as a gift, the dog is under her exboyfriends name but she has the "official certificate of veterinary inspection for sale of dog or cat" from the dept of agriculture and consumer services of the state of Florida. She also has paid for the vaccines since the dog was given to her as a gift last year. Is there such thing as a proof of ownership on a dog? what if the dog is a gift? how can you prove that it was a gift? she called the pet store and they told her that they have financing thru HSBC(up to 48 months). Her boyfriend did the credit application and his name is on the dog's microchip. What are the legal ramifications of this? The boyfriend called her and told her that either she continues with the payments or he will take her to court and they will take the dog away. I know this might sound light compared to other legal issues, but what can she do and is the ex-boyfriend able to do what he states?

 

[dcatz]

It’s a rotten situation for your friend, and any post about animals will usually get more of a response in the forums, but my personal opinion is that the ex can do what he threatens. I think that you didn’t get a more ready response because “gifts” themselves often devolve to a “he said – she said” type of situation, when there is a parting of the ways and because financing of the gift is not a common element.

The OCVI is simply an indication that the dog was brought into FL from out-of-state. It’s needed to get an animal in and it’s the basis for a kind of “lemon law” for pets. It’s a
legible certificate of veterinary inspection signed by the examining veterinarian licensed by the state of origin and accredited by the United States Department of Agriculture, that shows the age, sex, breed, color, and health record of the dog or cat, the printed or typed names and addresses of the person or business from whom the animal was obtained, the consignor or seller, the consignee or purchaser, and the examining veterinarian, and the veterinarian's license number. The official certificate of veterinary inspection must list all vaccines and deworming medications administered to the dog or cat, including the manufacturer, vaccine, type, lot number, expiration date, and the dates of administration thereof, and must state that the examining veterinarian warrants that, to the best of his knowledge, the animal has no sign of contagious or infectious diseases and has no evidence of internal or external parasites, including coccidiosis and ear mites, but excluding fleas and ticks.
If an animal with an OCVI is found to be diseased within 14 days of purchase, it can be returned for the purchase price. It doesn’t help your friend much.

Let’s analogize to another kind of financing – that of a car. If the ex financed a car, gave it to your friend and then stopped payments, the financing company could take the car and sue the ex for the balance on the contract. As between the financing company and the ex, it would seem that the company has superior rights. As between the ex and your friend, his name is on the financing agreement and on the microchip, and I think he has superior rights (that he appears ready to exercise out of spite). There is such a thing as proof of ownership of the animal, and she doesn’t have it.

And, by the way, while I didn’t know it financed pet purchases, as an institution HSBC is not known for its tolerance or compassion (about animals or anything else). Has your friend seen the financing agreement and does she know exactly what the shop’s rights are, if payments stop? At this point, I’m guessing.

If the vehicle analogy is close, I think your friend has to decide if she wants to make payments or risk losing the dog. I don’t know what is meant by “chip in” but, if she is going to make payments, she also might want to investigate getting the financing agreement transferred to her and getting the ex out of the picture or have a separate written agreement with the ex that title (probably a bill of sale) will be hers when the payments are complete. (Too bad – she’ll pay principal and interest on her “gift”).

 

[Zulu_01]

From my understanding the shop was already paid, if we go back to the car analogy is the bank who reposses the car and not the dealership, correct?. Usually pet shops will not take a dogs back because they sell puppies and they have no use for a grown dog. If the ex is listed in the financing papers he will be the one who the bank will be going after and might even sell the debt to a collections agency. Is this accurate? so basically she has no other option than paying the debt and making sure that the dog is transferred under her name? What kind of documentation should she ask for to make sure everything is transferred on to her name?

 

[dcatz]

Yes, in the car analogy, the financing company (bank or otherwise-HSBC certainly finances cars) would have the repossession rights. And it’s a far from perfect analogy, because I don’t expect the financing company would want to take the dog back either. It was more a way of trying to get to who had the superior right to claim “ownership” of the dog and what might happen if payments stopped. My guess is that he would be sued by HSBC and, with respect to your friend, the ex could probably claim the dog and keep it or sell it. He might offer to sell it to her for all I know. I was just trying to address your question of whether he could do what he was suggesting, and that I believe he could do.
As to what documentation she would want, I’m guessing again, but I would think it would include whatever he gets to show that the financing obligation was fulfilled, and I speculated that to be something like a bill of sale. I would get the dog licensed and change the chip. I wouldn’t be surprised if her vet couldn’t give her less speculative information.