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MShore
MShore, Attorney
Category: Legal
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Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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If someone gave their dog away, only stipulation is that if

Resolved Question:

If someone gave their dog away, only stipulation is that if we were to give it away she would have first chance to take it back, can she demand the dog back?
Submitted: 1 year ago.
Category: Legal
Expert:  MShore replied 1 year ago.
Thank you for the post, I am happy to assist you by answering your questions. No, once the dog was given away, that act was final unless and until the condition of first refusal arises. Is there any paperwork affirming the release of the dog to your custody?
Customer: replied 1 year ago.

There is no written paperwork...we have texts and she (through a mutual friend) gave the dog to us on a Sunday and brought the ownership papers to me personally on Tuesday. She then sent a text the next Sunday (week after giving away the dog) and asked for her back. I talked to her the next day and said no we would not give the dog back. She gave it away because she doesn't have time for it, is gone 12 hour days 4 days a week. So 1 text and 1 call and now we have a court order to show for Due Cause hearing!

Expert:  MShore replied 1 year ago.
What exactly did she state in her text messages?
Customer: replied 1 year ago.

The first text message, I sent to her, the night we picked-up the dog. I told her thank you for the dog....her response was "I love her, but am glad she will have a good home". Then, like I said, she dropped off all the paperwork to me 2 days later. The only other text from her was the one a week later...."Sorry but I am having anxiety over my dog. Do you think I could get her after work. Really sorry, thought I could part with her but I can't"

Expert:  MShore replied 1 year ago.
Thank you Angus, because the text does not have any condition for the retrieval of the dog, the dog is considered to be your property when given to you, as affirmed by receipt of the paperwork two days after the dog was placed in your possession. I assume you have spent some money for food, vet bills, etc. confirming your ownership of the dog as well. Please let me know if this does not answer your question or if you have any follow up questions.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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