Colorado Springs, CO asked in Animal / Dog Law for Colorado

Q: If I rehomed a dog and there was a fee and the person two days later brought him back but not because the dog was bad

Or anything wrong with dog...do we have to Refund the rehoming fee? When I posted my dog up for rehoming I was very specific on my wants for my dog and the guys reasoning has turned into tons of excuse and expects a refund but we had no agreement and I stated that when he surrendered him to us without notice but a text that he was bringing him back to us

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2 Lawyer Answers
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
Answered
  • Animal & Dog Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: If there was no specific agreement on refunding the purchase price of the dog you can likely not refund him. But be careful - he could take you to small claims court. If he wins, you will Ben liable

For the refund and possibly court costs and/or attorney fees, depending on if the court awards those. However, there is the reality of filing fees, which could make it not worth filing to get back a small amount of money. It is going to depend on this guy and how much he wants to prove a point.

Juliet Piccone
Juliet Piccone
Answered
  • Animal & Dog Law Lawyer
  • Greenwood Village, CO
  • Licensed in Colorado

A: I disagree with the other answer. If the purchaser takes you to small claims court, there will be no attorney, and attorney fees are not recoverable anyway because there is no written contract or statute that allows them. That being said, usually rehoming fees are charged so that the pet hopefully goes to a good home and not to someone who will use it as bait in dog fighting, or flip it for a profit. Since he returned the dog, the honorable thing seems to be to refund what he paid, but you probably don't "technically" have to do that since there's nothing in writing. Sometimes doing the right thing is not the same as doing the technically legal thing. I hope you find a good home for your pup. Please consider a no kill rescue instead of a stranger.

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