Asked in Consumer Law, Contracts and Animal / Dog Law for Colorado

Q: Paid in full for a puppy with receipt now breeder says they are keeping him

This can't been done right?

1 Lawyer Answer

A: If the item (the puppy) has been clearly identified, you have provided full payment, and all other conditions of the sale have been met by you, you have fully performed on an agreement with detrimental reliance. The agreement is locked; the breeder can seek your approval to void the agreement (i.e. returning the payment), but you are not required to accept this offer.

You can get your money back. If the breeder refuses, sue the breeder (you have an easy win case). This likely can be handled in small claims court. If the puppy was sold to another buyer, you likely have the superior claim to the puppy (assuming you want to sue the other innocent buyer to gain the puppy back). Specific performance (when the court forced a party to do something--like give you the puppy) is not generally available if you sue another buyer, but specific performance is available for the breeder.

1 user found this answer helpful

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