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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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three days ago i asked a question about my dog and it was a

Customer Question

three days ago i asked a question about my dog and it was a oral contract do you think I will win my case and get my dog back.
Submitted: 5 years ago.
Category: Legal
Expert:  MShore replied 5 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Do you recall whom you spoke with?
Customer: replied 5 years ago.
the guy I spoke with is bald head and had on some sun glass.
Expert:  MShore replied 5 years ago.
I'm sorry, I was referring to the Just Answer expert you spoke with.
Customer: replied 5 years ago.

I can not recall his name but I can explane it all over to you if you do not mine

Expert:  MShore replied 5 years ago.
I do not mind, lease proceed.
Customer: replied 5 years ago.
the lawer go by texlayer
Expert:  MShore replied 5 years ago.
Thank you, XXXXX XXXXX opt out in order that you two can reconnect.
Customer: replied 5 years ago.

but you did not answer any thing yet

 

Customer: replied 5 years ago.

three weeks ago I gave my dog away 1 week later I call the guy and asked for him back bacaues my son neede him back bad. my son have ADHD the man said no and hung up the phone the next week my husband called the man and talked to him. the man stated that we give him 250.00 the next day and we can have the dog back. The next day we called him and the man said it not going to happen and hung up the phone we won't your dog l back and my son need the dog to.

Customer: replied 5 years ago.
did you get the last one
Customer: replied 5 years ago.
Relist: Incomplete answer.
have some ond else answer the question
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your post.

My apologies on the delay. Are you seeking Tex-lawyer to assist you, or at this point you wish for any expert to take over?
Customer: replied 5 years ago.
I would like Tex- lawyer to help but if he is not available then you can help
Expert:  Dimitry K., Esq. replied 5 years ago.
Please permit me 15 minutes. I will contact him directly via email, and if he is not online, I will respond back. Will that suffice?
Customer: replied 5 years ago.
ok thank you very much
Expert:  Dimitry K., Esq. replied 5 years ago.
My apologies on the delay, it appears your previous expert is not answering.

I have reviewed the situation and your follow-up information. My apologies on being the bearer of unwelcome news but I really do not see that as something that you can prevail under. There is even a legitimate argument that the other person can bring up stating that he was only making an offer to negotiate, not a full fledged offer (likely not a good argument, but still a valid one). In either case it becomes your word against his and in that situation the courts will likely not find in your favor as there is no evidence in writing that an oral agreement took place. Therefore your chances of success are fairly low, at least based on the facts you provided in this question.

Good luck.
Customer: replied 5 years ago.

even though the man said "call me and we will meet up and you give me $250 for the exchange of the dog?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

While he said it, there is no evidence of that beyond your comments and the comments of your significant other--it becomes your word against his. Plus, there was never actual "acceptance"; you never stated that you agreed to the terms, which means that it was possibly an offer but was not yet accepted and therefore it was not yet binding.

Good luck.
Customer: replied 5 years ago.
we did accept the offer and he said ok then the next day he said nope not going to happen. yes we did except it and again he said ok.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

In that case you still have to prove to the judge that the offer took place and the accept took place as well. The problem here is you have the burden of proof, that is, it is up to you to show that the situation was more likely than not that it happened the way you describe. Here, in this case, the courts will likely see both stories as equally valid, and because you did not meet your burden of proof, the case would be dismissed.

Good luck.
Customer: replied 5 years ago.
did you get the last statment
Customer: replied 5 years ago.
Relist: Answer quality.
Expert:  Dimitry K., Esq. replied 5 years ago.
No, I did not. What was your last statement?
Customer: replied 5 years ago.
Relist: Inaccurate answer.
Expert:  Dimitry K., Esq. replied 5 years ago.
You stated that you had a follow-up. What was it so I can respond?

Also, my apologies but while you may believe my answer to be "inaccurate", you asked for an honest assessment of your chances. That is what I provided to you. I realize you hoped for a different response but it would be dishonest and unprofessional of me to provide you with information that is anything but accurate, even if it is not what you hoped or wished to hear.

Good luck and take care.
Customer: replied 5 years ago.
Relist: Other.
I would like to nwork with one person only. and tha,t is text lawyer can he please text back
Expert:  TexLaw replied 5 years ago.
I'm afraid the previous attorney is likely correct. You gave the dog away. Then you called the new owner and told him you want the dog back. He told you no. Later he told you that if you paid him $250.00 he would give you the dog back.

The question is, did you tell the man you will pay him $250 for the return of the dog in the exact same telephone conversation as when he said he would take $250? If so, then you have an argument for breach of contract. If not, then lets talk about exactly what was said during those conversations to see if there was an oral contract formed.

However, based on the information you have supplied right now, I agree with your prior attorney, you don't have any legal action to take to recover the dog, unless you can show an oral contract or you first gave the dog under something that would qualify as a legal mistake.
Customer: replied 5 years ago.

when he said give him 250.00 he'll give the dog back then the next day we called him to meet up with him to get the dog as well as give him the 250.00 he said nop that was not going to happen and was not going to get the dog.

Expert:  TexLaw replied 5 years ago.
I understand, but the question is whether a binding oral contract was formed over the phone when you spoke to him the first time and he offered to sell the dog back to you for $250.00. The question turns on whether you accepted the offer at the moment that he made the offer while he was talking to you on the phone. If you said, "ok, I'll call you tomorrow to meet up and pay you the $250." Then you have a contract and you can sue him on it.

If not, then you may have lost your opportunity to form a contract. If you believe that the man did not withdraw the offer before you accepted it the next day, and did something that was wrong, then I suggest you get a court to decide the issue by suing the man. Since you are seeking specific performance, you have to file in superior court, as small claims court does not have the power to order him to turn over the dog.
Customer: replied 5 years ago.
yes we did accepted the offer to pay the 250.00 right then and there and did not think twice about it.
Expert:  TexLaw replied 5 years ago.
Then, it appears you have your answer. He orally formed a contract with you for the dog. You can either sue him for the specific performance of that contract and get the dog back, or you can sue him for money damages.

If you find this answer acceptable, please press Accept.

Best Regards,
Zachary D. Norris
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience: Lead trial/International commercial attorney licensed 11 yrs
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