Salt Lake City, UT asked in Animal / Dog Law and Contracts for Utah

Q: If I got a dog from an organization but months later changed my mind. Do I have to return the dog to them?

Yes we signed a contract but it was under $500 for the dog. I don’t see how they would have a right to her after a transaction took place.

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

A: Hello,

I am not sure I understand the situation. Let me see if I have this correct: 1) You purchased a dog from an organization for less than $500. 2) Later you changed your mind.

I am trouble understanding what 2) is intended to mean. Are you saying that you changed your mind about the dog and returned it? Or maybe you are saying that the organization changed its mind and now wants the dog back. That would make your question more logical. I will answer the question based on the assumption that the organization wants the dog back.

The answer is, you probably can keep the dog, but it depends on the contract. If the contract had some sort of trial period and reserved in the seller the right to recover the dog, then they have the right. Contracts (even odd ones) are enforceable as long as they are for an illegal purpose, unconscionable, or were not legitimate in the first place (i.e. fraud, dealing with a minor, etc).

The statute of frauds states that contracts for the purchase of goods are unenforceable if they are not in writing. The Dog is considered a "good". So if there was a written contract, then it would be enforceable if it was over or under $500.

I hope this helps.

Wes

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