West Jordan, UT asked in Animal / Dog Law for Utah

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?

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1 Lawyer Answer

Wesley Winsor

Answered
  • Saint George, UT
  • Licensed in Utah

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

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