Q: If I purchase a dog from a breeder and pay in full - breeder then decides to keep the dog, can I sue for the dog?
Details:
-Put down $1,000 deposit for show puppy over a year ago with a breeder in California
-Seller bred, produced 1 dog, which we wanted. We proceeded to give the seller the other $1,500 for the animal with the understanding we would pick the dog up at 12 weeks
-Seller sent contract stating we had purchased the animal. Seller provided an endless stream of text messages and emails with pictures of the dog claiming it was ours.
-Seller contacted me today to state she was no longer giving me the dog because of seller's "medical issues". In truth, seller simply doesn't want to give up the dog because the dog has turned out better than she expected, and she anticipates turning it into a very profitable show dog
-Seller was not willing to come to a compromise, and claims she can simply wash her hands of us by sending us back the $2,500, $1000 of which she's had for over a year and $1,500 of which she's had for 2 months
I have a contract that says the dog is mine
A:
Of course you can sue. Your post indicates you are in Washington, while your question is posted in the California forum. In CA, you could sue in Small Claims court for breach of contract (you can recover up to $10k in CA Small Claims), and for specific performance (which would be for delivery of the puppy).
Plaintiff's Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)
Request for Court Order and Answer; Form SC-105 (Request for Return of Property, filed with SC-100)
Order on Request for Court Order; Form SC-105A
Proof of Service; Form SC-104
http://www.courts.ca.gov/forms.htm?filter=SC
No guaranties that these are the appropriate forms or that a Small Claims Judge will rule in your favor.
A:
According to the contract, you are entitled to get the dog, since that is what you paid for. You do not have to accept the $2,500 "refund" from the seller. You have a right to "Specific Performance" of the contract by the seller. That means you can go to Court and force the seller to give you the dog. If the seller refuses to give you the dog, the seller has breached the contract.
I suggest you contact the breeder and explain to him/them that you are entitled to have the dog, rather than the money, under the legal theory of Specific Performance, and if they refuse you will sue them in small claims court. This may prompt a settlement out of Court.
Since I have not read the contract, I am giving you my best answer based on the facts that you gave me. Good Luck.
Thomas A Grossman, Attorney
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