Portland, OR asked in Animal / Dog Law for Oregon

Q: Breeder of $2k bulldog pup let pup go home with a buyer (ex’s cousin) & do payments. She had me babysit twice and ...

Upon picking the pup up from their home, the grandma (slow, overwhelmed loud) is there with the two twins & toddler. I didn’t know she would be spending so much time w/pup while the they work full days & many vacations a year. I don’t contract to sell to neglect & abusive people,(grandma).The pup was in a small kennel and she did not let him out the 2x @ night that he should’ve been let out twice & slept in soiled already small kennel. The 2nd time he clung to me too long (not normal) & favoring his back leg. I texted buyer non-confronting asking and she got defensive, came got pup said the pup is just fine and quit talking to me and now it’s been 3days.

I do not want to finish the sale. She still owes 500 an wont give him up. I will give her back the payments paid. We DONT have a contract. I called police in her town and he said dogs are considered property and I could repo him, but said I couldn’t just take him or felony for stealing companion pet? How do I repo him legally?

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1 Lawyer Answer
Kristina M. Bergsten
PREMIUM
Answered

A: So, repo (repossession) would require you to prove a breach of contract for nonpayment. You can file a lawsuit under a verbal agreement because that is as enforceable as a written contract. You just have the additional hurdle of proving the contract existed. This can easily be done given the payments she's already made and if there are any text messages or other written messages memorializing the agreement. Try looking for local civil litigation counsel or contract attorneys to help you.

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