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.

Related Topics:
1 Lawyer Answer
Wesley Winsor
PREMIUM
Answered

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.