Defmation of Character?

[craigcody]

I am being sued over the purchase of a puppy, The woman sold him to me based on a lie, I stopped payment on the check 2 hours after I purchased him. the vet said he could not be used for breeding based on a genetic problem he had, I purchased the dog to breed at a future date.
She refused to take him back and is now suing me.
This woman and I had been on good terms until this issue, I had told her of another dealing with another breeder whom i was going to purchase a dog from and use his stud in a few weeks.
Since this mess she has sent him emails warning him not to deal with me and that i was dishonest and a theif.
The emails go on but those are clear points she made to him.
He now tells me that he wants no part of the mess she brought him into.
I am buying a puppy from him now but the option to breed with his stud is now in question.
Is what she done not slander? would it be worth me counter sueing her in small claims?

 

[craigcody]

I am being sued over the purchase of a puppy, The woman sold him to me based on a lie, I stopped payment on the check 2 hours after I purchased him. the vet said he could not be used for breeding based on a genetic problem he had, I purchased the dog to breed at a future date.
She refused to take him back and is now suing me.
This woman and I had been on good terms until this issue, I had told her of another dealing with another breeder whom i was going to purchase a dog from and use his stud in a few weeks.
Since this mess she has sent him emails warning him not to deal with me and that i was dishonest and a theif.
The emails go on but those are clear points she made to him.
He now tells me that he wants no part of the mess she brought him into.
I am buying a puppy from him now but the option to breed with his stud is now in question.
Is what she done not slander? would it be worth me counter sueing her in small claims?

My state is Utah

 

[racer72]

What you did is called fraud. Your situation is a perfect example of settling a civil dispute illegally. Only a court can overturn a legal sale, not you. I agree with the seller, you are a thief.

 

[stephenk]

Are you claiming the seller knew about the genetic problem?

 

[cbg]

Personally I feel sorry for the puppy.

 

[sgoodfleisch]

Breeders

Personally I feel sorry for the puppy.

I feel sorry for any dog that is used for breeding....I just adopted a dog that was rescued from a breeder....The Breeders quot"You don't want that dog it's used just for breeding" Sad.....

 

[dallas702]

Did you ever return the dog???

If she is suing you, just wait until you get to court and tell the judge why you stopped payment. You'll either have to pay again and keep the dog, or she'll keep the dog and you'll get a lesson in dealing with these issues the legal way.

I think Judge Wapner would see it your way. Judge Judy might make both of you wish you never met, though.

BTW: when you go to court be sure you take the vet with you or have his signed affidavit that the dog is not fit for breeding.

 

[sgoodfleisch]

Here comes the judge

Did you ever return the dog???

If she is suing you, just wait until you get to court and tell the judge why you stopped payment. You'll either have to pay again and keep the dog, or she'll keep the dog and you'll get a lesson in dealing with these issues the legal way.

I think Judge Wapner would see it your way. Judge Judy might make both of you wish you never met, though.

BTW: when you go to court be sure you take the vet with you or have his signed affidavit that the dog is not fit for breeding.

Judge Judy makes everbody wish they never met---But you got to love her...

 

[dallas702]

Judge Judy makes everbody wish they never met---But you got to love her...

Try to picture her in 7th grade when some testosterone-bubbling boy made a rude remark to her.

 

[OHgurl2002]

Possibly "libel"

slander and libel are specific forms of defamation. slander is an oral statement and libel is when it's written. To prove defamation, you need to show that there was 1. a falsely defamatory statement, 2. of and concerning YOU, 3. that it was publicated to a third person. In such cases, you may be able to receive special/pecuniary damages (a qualifiable montary loss), general/presumed damages (damages that can be presumed from the nature of the statement made), and/or punitive damages (must show the other person had a bad intent or ill will - it's used to "punish"). My suggestion is to get legal counsel. Take him or her ALL of the emails you can get the third party (the new breeder) to give you, as this will be evidence that the statements were made and published to a third party.

As far as the puppy goes. The Seller must have known that you were going to use it for breeding purposes and that it had such a disorder that it wouldn't be possible to breed for it to be fraud. If so, you may be able to rescind the contract. Call an attorney! Give him or her all documents regarding the purchase of the dog.

I AM NOT FROM UTAH and am UNFAMILIAR WITH UTAH LAWS.

 

[Just Blue]

Try to picture her in 7th grade when some testosterone-bubbling boy made a rude remark to her.

OMG! Too funny! **************

 

[OHgurl2002]

Not fraud...

What you did is called fraud. Your situation is a perfect example of settling a civil dispute illegally. Only a court can overturn a legal sale, not you. I agree with the seller, you are a thief.

What you did IS NOT fraud. If a judge would find for the Seller, you may be liable for Breach of Contract, but not fraud.