Dog Purchase Contract and Delayed Delivery

[HopefulDogOwner]

I am located in Florida.

I entered into a written contract to purchase/adopt a dog through a rescue that also provides training to rescue pets, and partial payment (more than 50%)has already been made. Final payment due upon delivery of dog.

The contract states multiple times that ownership transfers to me at SIGNING and that the current owner relinquishes ALL rights and claims as of signing. The agreement also lists a specific date for physical transfer of the dog and states that any change to that transfer date must be mutually agreed upon by both parties.

That transfer date has now been missed and pushed back twice without my agreement. The seller continues to retain possession of the dog and has indicated in text they alone will decide when the dog is ready to be released, which appears inconsistent with the contract language. This is not a puppy who is too young to leave mom. This is a dog in basic obedience training. We have seen him multiple times but cannot get the owner to confirm final transfer date (despite one existing in the contract and having been missed already). No clear updates about training progress are provided to justify additional delays.

In Florida, if a contract states ownership transfers at signing but the seller continues to retain possession and delay transfer without mutual agreement, what are my legal options? Is this typically treated as breach of contract, wrongful retention of property, or another type of claim?

I am trying to understand what remedies are generally available before deciding next steps.

This has become incredibly stressful on my family. What should have been a beautiful experience is now dragging my entire family through uncertainty.

 

[AlmostThere]

Have you reached out to the seller/rescue organization to back out of the adoption? Is the seller a pet owner, and the rescue is playing matchmaker, or is the dog in the rescue or foster possession? What is their reason for the delay? Have you googled others who have used this rescue to see if they are generally trustworthy?

 

[HopefulDogOwner]

Have you reached out to the seller/rescue organization to back out of the adoption? Is the seller a pet owner, and the rescue is playing matchmaker, or is the dog in the rescue or foster possession? What is their reason for the delay? Have you googled others who have used this rescue to see if they are generally trustworthy?

This is a dog trainer business who also does adoptions. We felt good going in, spoke to multiple prior adopters who gave positive feedback, checked her sunbiz, etc. We thought we did good research. However after signing the contract communication became largely one sided and initiated mostly by me. Updates on the dogs status are far and few between and usually do not include training progress or milestones being met.
She pushed the delivery date once for personal reasons and a second time for training concerns.We got the only training update regarding his progress when pushed delivery a second time - noting he had not met his training goals. She offered a new date for pick up. We tried to engage in a civil dialogue (all through text with proof)and she became defensive. We ultimately agreed on a new date and asked her to confirm it back to us..at which time she said the dog only goes home when she feels he is ready and that she has sole discretion (this contradicts her own contract terms). She would not confirm the new date (that she offered) back to us.
At this point we are uneasy about communication and delivery details remain uncertain. I fully expect this next date to be missed and want to be prepared on how to move forward if civil resolution becomes impossible. We have not engaged in any hostility but are having problems collecting basic information from her regarding our dog.

 

[adjusterjack]

Yes, breach of contract.

Three choices.

Sue for specific performance. Not something usually done in small claims court. Using regular court will take money and months.

Cancel the contract and get your money back. If she won't pay, sue in small claims court.

Wait, wait, wait, and wait.

If you decide to cancel and want a dog that will love you forever, go to the local dog pound and get one that's ready to go.

 

[AlmostThere]

This is a dog trainer business who also does adoptions. We felt good going in, spoke to multiple prior adopters who gave positive feedback, checked her sunbiz, etc. We thought we did good research. However after signing the contract communication became largely one sided and initiated mostly by me. Updates on the dogs status are far and few between and usually do not include training progress or milestones being met.
She pushed the delivery date once for personal reasons and a second time for training concerns.We got the only training update regarding his progress when pushed delivery a second time - noting he had not met his training goals. She offered a new date for pick up. We tried to engage in a civil dialogue (all through text with proof)and she became defensive. We ultimately agreed on a new date and asked her to confirm it back to us..at which time she said the dog only goes home when she feels he is ready and that she has sole discretion (this contradicts her own contract terms). She would not confirm the new date (that she offered) back to us.
At this point we are uneasy about communication and delivery details remain uncertain. I fully expect this next date to be missed and want to be prepared on how to move forward if civil resolution becomes impossible. We have not engaged in any hostility but are having problems collecting basic information from her regarding our dog.

Dog owner reply here - if a trainer is hesitant to place a dog with you, then you should be asking why. What behavior is concenring the trainer? You might be better off looking for a difference dog. As someone who has adopted numerous hard to place dogs over the years, there several red flags here.

 

[HopefulDogOwner]

Dog owner reply here - if a trainer is hesitant to place a dog with you, then you should be asking why. What behavior is concenring the trainer? You might be better off looking for a difference dog. As someone who has adopted numerous hard to place dogs over the years, there several red flags here.

Thank you, I appreciate your perspective. We have met him twice and hes a very well mannered frenchie. Unfortunately lack of clear communication breaks the trust. If she would like to dissolve the contract we are definitely open to it as I do agree best placement for the dog is best even if it is not with us. But she cannot keep our dog and our money. There ought to be resolution in either direction.

 

[AlmostThere]

Thank you, I appreciate your perspective. We have met him twice and hes a very well mannered frenchie. Unfortunately lack of clear communication breaks the trust. If she would like to dissolve the contract we are definitely open to it as I do agree best placement for the dog is best even if it is not with us. But she cannot keep our dog and our money. There ought to be resolution in either direction.

There is something about this dog's behavior that is making the trainer uncomfortable. Well-mannered in a meet-and-greet is far from a solid temperament test, nor is it a measure of safety around children and other animals.

You should consider asking the trainer for a refund or to have your deposit applied to a different dog. Unsolicited advice: Sign up for pet vet insurance the day you adopt any dog, and make a decision if you want to continue it after a year. Trust me, it's not a huge amount if you don't end up using it, but if you need it, you will keep it for the rest of your dog's life. If you wait and issues arise, those issues will not be covered if you pick up insurance later. This goes doubly for a French Bulldog, a breed well known for a wide range of expensive health issues.

 

[HopefulDogOwner]

There is something about this dog's behavior that is making the trainer uncomfortable. Well-mannered in a meet-and-greet is far from a solid temperament test, nor is it a measure of safety around children and other animals.

You should consider asking the trainer for a refund or to have your deposit applied to a different dog. Unsolicited advice: Sign up for pet vet insurance the day you adopt any dog, and make a decision if you want to continue it after a year. Trust me, it's not a huge amount if you don't end up using it, but if you need it, you will keep it for the rest of your dog's life. If you wait and issues arise, those issues will not be covered if you pick up insurance later. This goes doubly for a French Bulldog, a breed well known for a wide range of expensive health issues.

Thank you for your thoughts! I do have vet insurance for him but will cancel it if this adoption doesnt work out.

 

[quincy]

To Ktharitic0219, your post was reported to the moderator for review and removal. Please do not spam this forum.

 

[AlmostThere]

@HopefulDogOwner How did things work out?