Q: I sold my boyfriends dog for $300 without his permission. Can I get the dog back?
The person who purchased her said my boyfriend could see the dog ongoing and even watch the dog while they had their 2 family vacations each year. The purchaser has not held up to their end of the agreement. What do i do?
A:
Hello,
I am sorry for your predicament.
I am guessing that this dog didn't have some paper title or appear on some state registry that lists the dog and the owner and some kind of identification number. If they do then, then it would be easier for your BF to talk to the police to go and retrieve his dog and then the purchasers would have a claim against you for fraud or selling something that didn't belong to you.
When you say, that the purchasers are not holding up their side of the deal, are you saying that they haven't completely paid? Did you have some sort of sales agreement? If so you can sue them in small claims for the remaining purchase price or you may be able to sue for possession of the dog. This claim would be you against him even though you were not the original owner of the dog.
The length of time since the transaction may come into play as well. If your BF wants his dog back, he will need to provide proof of ownership. This might be a receipt or testimony of others who know how and were witnesses to him acquiring the dog.
All of this does not exculpate you from the liability to the purchaser for selling something you were not authorized to do.
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.
