Winter Haven, FL asked in Criminal Law and Small Claims for Florida

Q: Can I file charges of theft or sue somebody for not delivering a puppy

Two weeks after conception the neighbor claimed she had a sonogram done and we were expecting 8 to 10 puppies in the litter I did not believe this was true you need 21 days to have an Acurate sonogram so I offered and insisted on getting a second opinion with my vet, the neighbor was reluctant and refused and reassured me that this was accurate so I neutered my dog based on the reassurance of 8 to 10 puppies, well the day of the pregnancy she only had one, one puppy, I was supposed to get first pick of the litter and because it was only one puppy litter I went ahead and paid for it. And my neighbor agreed that it was still mine. 5 weeks go by once a week we in my family visited it named her, played with her got acquainted with her and 3 days before the 6-week mark she refused to hand her over after telling my wife and two kids and myself leading us to believe that this was our dog to have she refuses to give it to us, I can prove money was given for specifically in the puppy as well

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2 Lawyer Answers

A: No, since the puppy was not in your possession, the neighbor can't be charged with the crime of theft. However it does appear that you have a civil case for specific performance of the contract.

1 user found this answer helpful

A: Yes, you can sue her. She offered the puppy, you accepted the offer, and provided her with consideration in the form of money, and you also took the action of neutering your dog based on her reassurance.

1 user found this answer helpful

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