Memphis, TN asked in Animal / Dog Law for Ohio

Q: I bought a dog for an agreed price from a woman Friday, today she told me she was "unaware of the lease the breeder had"

she wants me to return the dog or pay the balance of a lease i didnt sign. Since paying the agreed price and having it agreed upon via text do i have to return the dog?

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2 Lawyer Answers
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Cleveland Heights, OH
  • Licensed in Ohio

A: No. You are what's called a bona fide purchaser, which means you took possession of the purchased property without any knowledge, actual or constructive, of any other ownership interest in the property (the dog). As a matter of law, you do not have to pay the lease. You may want to consider returning the dog though. Responsible breeders go through great effort to make sure that their dogs go to responsible people and have an interest in protecting their breed lines.

Taylor P Waters
Taylor P Waters
Answered
  • Animal & Dog Law Lawyer
  • Worthington, OH
  • Licensed in Ohio

A: No, you don't have to return the dog. It would be the prior owner who would be liable to the breeder, not you.

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