Q: Breeder of $2000 eng bulldog pup allowed pup to go home with a buyer and do payments. She had me babysit twice and ...
I recognized signs of minor animal abuse. I Do not want to continue the sale. Do I have the right to go take him? She still owes 500. And I will give her back the payments she has paid. We live in Salem,Oregon. We do not have a formal contract. I think this is time sensitive. Can anyone please help me with this?
A:
Assuming you keep the dog and issue a refund, what is the worst they buyer can legally do? The buyer could issue a demand under ORS 20.082 for breach of contract, wait 30 days, and sue for specific performance and demand attorney fees and costs and prevail. In this case, the buyer would get the dog and you would be stuck with attorney fees and costs. Under ORS 20.082 if the buyer lost, you would be awarded your attorney fees and costs.
If you refused to complete the sale, the buyer could also find an equivalent dog. If the new equivalent dog is more expensive, it is possible that you could be responsible for the difference in price if the court does not grant specific performance.
You might want to ask the owner about the evidence of abuse in a non-confrontational way and see the response before making a decision not to sell. There may be an innocent explanation for the evidence you see. I would document the evidence. If a lawsuit were to be filed, it would be your burden to show the dog was abused which you could argue goes to the foundation of the contract, as you did not sell the dog to be abused. If the abuse is obvious, it is, of course, more likely you would prevail if you were sued.
There is also the real world to consider. If this is a person abusive toward animals, the could be abusive toward humans too, so I would handle the situation accordingly.
1 user found this answer helpful
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.
