Asked in Contracts, Civil Litigation and Small Claims for Idaho

Q: A price was agreed on regarding purchase of a dog. I paid price. She won't give me the dog. Does she owe me the dog?

Original asking 200, I said I could not afford that. She asked what I could afford, I said my max limit was 100.00. she said she was okay with that. I said okay and paid the 100.00. she said she would deliver the dog. Several hours later she insisted I send her another 100 because she took dog to vet for a rehoming injection? I said no, because I already paid for the dog, she insists that I haven't, that the money was spent on the vet. I stated that I was not responsible for a vet bill especially since I didn't request it and she never mentioned an additional cost before I paid the originally agreed price. I know where she lives, but don't want to be arrested for showing up to pick up my purchased puppy.

1 Lawyer Answer

A: She owes you $100, period. She proposed what we call a "counter offer," i.e., you get the dog if you pay $100 + cost of rehoming etc. This "counteroffer" was NOT accepted by you. The only offer and acceptance of that offer, was your acceptance of her offer to sell the dog to you for $100. If she fails to take your money or takes your money and still wants to extort another fee for whatever, then sue her in Small Claims Court. This goes up to $5,000 and the filing fee + service fee, is all you're out, in terms of money. And the best part of it is, you'll get the $100 back PLUS the filing fee and service costs!

Good Luck to you!

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