Puppy Contract Question

[swordfish1200]

What is the name of your state (only U.S. law)? Penssylvania

I bought a Great Dane under a contract stating that if we did not want the dog it is to be returned to the breeder with no refund. We have a friend who wants the dog and I asked the breeder and she said no. The dog is only 9 weeks old, so I have a feeling that the breeder will resell her. THe breeder seems very shadey, she will not let us see where she leaves, she meets at a McDonalds. The dog appeared from the start to be coming from a puppy mill in our opinion. I really don't want the dog to go back to her. Originally she gave us a male puppy that was sickly and we returned him for the female. The contract was never updated, and still says male on it. Is the contract still binding?

 

[Proserpina]

What is the name of your state (only U.S. law)? Penssylvania

I bought a Great Dane under a contract stating that if we did not want the dog it is to be returned to the breeder with no refund. We have a friend who wants the dog and I asked the breeder and she said no. The dog is only 9 weeks old, so I have a feeling that the breeder will resell her. THe breeder seems very shadey, she will not let us see where she leaves, she meets at a McDonalds. The dog appeared from the start to be coming from a puppy mill in our opinion. I really don't want the dog to go back to her. Originally she gave us a male puppy that was sickly and we returned him for the female. The contract was never updated, and still says male on it. Is the contract still binding?

With all due respect, are you ASKING to be sued?

You were absolutely FINE with the original terms. Now that your friend wants the puppy it's no longer okay?

 

[jiggy78]

You should have run far far away the second she said you could not see her facility. That just screams PUPPY MILL. Why would you support such a horrible industry? You think people who run then operate in an ethical manner?

 

[OHRoadwarrior]

Hmmmm, Lets be very clear here. Do you want to GIVE the puppy to your friend, or are you asking your friend to take care of the puppy for you, until it becomes convenient for you to have her in your home full time?

 

[Mass_Shyster]

Unless there is an AKC registration involved, I do not see how the breeder could possibly hope to enforce this term.

Also, it appears that OP had a contract for a male that was returned (with no refund given) under the terms of the contract. There is no contract for a female.

 

[tranquility]

While the legal issues can be more complex for such a small amount, I like OHRoadwarrior's simple response. It might not win the day if the contract was enforceable, but, how will the "breeder" know in the first place? In the second, what would the damages be if sued and lost? You're not really going to be in a worse position than now.

 

[latigo]

While the legal issues can be more complex for such a small amount, I like OHRoadwarrior's simple response. It might not win the day if the contract was enforceable, but, how will the "breeder" know in the first place? In the second, what would the damages be if sued and lost? You're not really going to be in a worse position than now.

Assuming that the contract is enforceable, the breeder's measure of damages would be the value of the dog.

However, in my humble opinion the clause requiring the return of the animal without compensation is one of adhesion (a non-negotiable take-it-or-leave-it thing).

And although adhesion contracts are not inherently invalid, this one seems so lopsided and unfair as to be seen as unconscionable and unenforceable.

Also, I question the strength of any argument that the original agreement was significantly affected by substituting the female for the male.

[SUP](But then I’m seldom right.)[/SUP]

 

[tranquility]

Assuming that the contract is enforceable, the breeder's measure of damages would be the value of the dog.

Or, the dog--which the breeder is already asking for back.

 

[latigo]

Or, the dog--which the breeder is already asking for back.

Then the cause of action would be replevin or in the alternative the value of the dog. Right?

But I don’t think the breeder would get out of the chute (kennel *).

[SUP][*] More worthless trivia:

Scene from Neil Simon’s. ”The Cheap Detective”. Cinema spoof on “Casablanca” and “The Maltese Falcon” – Peter Falk, Madeline Kahn and others.

Kahn: (Denese Mandereley and 18 other aliases) to cheap detective Peter Falk (Lou Peckinpaugh):

“My 17 year old niece climbed of the wall at her boarding school, "The Hail Mary Sister Therese Convent and Kennels” and hasn’t been seen since.

Falk: “Kennels? . . . Isn’t that for dogs?”

Kahn: “Well I’m afraid none of the girls were very pretty.”[/sup]

 

[JennK2009]

Please give this dog to your friend.

Let the “breeder” sue you. They won’t. And, if they do, they will not win.

Thanks again latigo.

 

[Xaroe]

I adopted a puppy 3 years ago and right away the puppy was showing signs of aggression. We trained the puppy by a trainer that stated it should go away but it didn't. We have 3 other dogs that all play well together but this dog (boxer) one day bit our small dog so bad it drew blood and was very deep. I have the picture. Anyways when I adopted the pet I had no idea about any (contract) and I sent the dog to a shelter. The owner found out about it and is threatening to take it to court over (breach of contract). When I asked here what she hopes to accomplish over taking it to court she told me she doesnt know what the ramifications are but she will speak with her lawyer. I am doing everything I can to locate the dog and the shelter representitive stated it went to a boxer rescue place. Can I be sued for this? If so what can she sue me for? By the way im sure the contract is there I just dont remember reading that part. Also this dog is not Akc registered.