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Question

I sold my pure breed 6 month doberman puppy to a woman who abused the dog by caging her up endlessly. She also tied the puppy who had just recently been spayed with a 30lb weight and made her run alonmgside a horse. She calimed to be an ex-breeder and trainer and this is the very reason I sold my puppy to her. She claimed to be able to handle this particular breed very well and that too was not true. I met her through the breeder and the sale took place on the breeders property. I received $500.00 for the sale. This woman called me 10 days later at night and asked me to pick up the puppy which I did. I gave her back a personal check for $500.00 on that day. After I spoke to the breeder and the puppy's trainer, I placed a stop payment on the check because this person lied in every sense and put me, my family and the puppy through much pain which we did not need. Now this woman is taking me to court as she wants her money back. Do I have any defense in this situation? How and what do

Submitted: 15 days and 5 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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State/Country relating to Question: New York

Already Tried:
I told this woman to show me proof that she was indeed an ex-breeder and trainer and then I would consider reimbursing her funds. She has not done so. I also called the humane society and they are unable to help me to open up an investigation due to lack of resources as there are only two officers who cover 4 counties.

Posted by socrateaser 15 days and 5 hours ago.

Answer

Contract law does not provide for punishment, except in cases of fraud. If you have evidence that the buyer was abusing the animal, your recourse is to contact law enforcement (police/sheriff) and report the abuse. If you accepted the return of the animal, then the buyer is entitled to her payment. Stopping payment may constitute a fraud on your part, leaving you open to punitive damages,in addition to the original payment amount.

 

I understand that you may feel justified in your actions -- however, the court may find that the law compels a different outcome. So, you may want to consider returning the buyer's money.

 

Hope this helps.

 

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15 days and 5 hours ago.

Reply

This woman purchased my puppy through the breeder who also believed her that she was a "doberman" person and knew what she was doing? Is that fraud?

Accepted Answer

In other words, you want to counterclaim that the buyer defrauded you by claiming to be other than she actually was, and that had she not, you would never have sold the animal to her.

 

Okay, you could do that. This still doesn't give you the right to stop payment on the check, but if you could show that the animal is permanently injured, then you could get damages for that.

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Expert: socrateaser
Pos. Feedback: 98.8 %
Accepts: 
Answered: 11/5/2009

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