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rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience:  NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
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I am not sure which specialist this would go under but here ...

Resolved Question:

I am not sure which specialist this would go under but here goes. I show and breed dogs. I sold a 2 show puppies to someone and the problem I am having is with the second puppy purchased. It is a male puppy and now she doesn''t want the dog but won''t return him to me as stated in the contract with no monies returned to her unless dog has hereditary defect. Which he doesn''t. If he had a defect then she could get a repplacement pup but no monies returned. Contract also states puppy cannot be sold or given away without my approval of new buyer . She wants to add a co owner to the registration papers. I told her that is like giving away half the dog and inorder to do this I would need to approve the co owner and this new person would have to sign my contract. Now the original puppy buyer is saying my contract is unconstitution and invalid. I have all her emails that she sent to me on this matter that are very contradictory in what she planned to do with this pup/dog and the contract she sig
Submitted: 9 years ago.
Category: Business Law
Expert:  rvlaw replied 9 years ago.

Hi and welcome.

You can bind the buyer but you cannot bind 3rd persons forcing them to sign the contract. You could sue to force the buyer to perform the contract because the puppy is unique. You would have to get personal jurisdiction over the buyer....not an issue if she lives in your state. If she lives out of state, you may be able to sue in your state and serve her in her state if the sale took place in your state. You would need to sue for a judgment declaring the contract valid.


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Customer: replied 9 years ago.
Dog was sold in my state and person resides in my state. What would be a good solution so this wouldn't happen in the future? No contract? Can't think of a better contract unless put in the one I have about taking them to small claims with a cap of $5,000 which is it in Texas. I don't want to be controlling BUT I want to proctect my dogs from abuse such as being over bred or abuse.
Expert:  rvlaw replied 9 years ago.

You cannot control what your buyers do is not practical and clauses cannot be enforced. You don't have the legal right to sue for any amount because of what they did with the dog. sorry

Rich dog lover - king charles spaniel "Pebbles" :-)