Kaysville, UT asked in Animal / Dog Law and Small Claims for Utah

Q: I bought a dog and 2 months later the lady wants him back, can she by law take him?

I bought a dog 2 months ago and now the lady that sold me the dog is saying that she wants him back and is saying legally the dog is still hers. I paid $500.00 for the dog and I have a bank statement saying I sent her the money. Can she’s call the cops and come after me?

1 Lawyer Answer
Wesley Winsor
Wesley Winsor
Answered
  • Saint George, UT
  • Licensed in Utah

A: Animals are property. And I guess technically would fall under the "statute of frauds" that states that goods sold over $500 need a written contract in order to be enforceable. Was there a contract or some type of writing generated for the sale of the dog? Or was it a cash deal of exactly $500? If over $500, she may try to argue that the contract was invalid, but even so your actions completed the contract and I don't see her prevailing in court as she gave you the dog and she gave you the money. If delivery hadn't been made, then she would have a stronger position. At any rate, if the purchase price was $500 or less then it wouldn't fall under the statute of frauds.

If she tries to come take it away, you can call the police, or if she takes it when you aren't there, then call the cops. The cops will deem it a "civil matter" and can only make sure that you guys don't "breach the peace". If she is trying to get it back "legally" she will need to file suit against you otherwise if she takes it, she will be stealing it.

I hope this helps.

Wes

1 user found this answer helpful

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