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I gave my puppy to a person and the paper work. I want my

Customer Question
dog back and have not...
I gave my puppy to a person and the paper work. I want my dog back and have not cashed the check. Since I have not cashed the check which is consideration for the verbal contract can I request to have my dog back and give her back the check?
Submitted: 1 year ago.Category: Consumer Protection Law
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Answered in 5 minutes by:
11/30/2015
Consumer Protection Lawyer: RGMacEsq, Lawyer replied 1 year ago
RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 17,262
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Unfortunately the contract is almost certainly complete. That is, you don't have the right to "rescind" the contract unless there's something in writing that would say that you do. But you stated that it was a verbal contract, so that would not apply in this matter. In a bilateral contract (I will do X in exchange for you doing Y) the consideration is actually the promise to do X or Y. So for example, if you this person prior to giving the puppy that you would not actually give that puppy, you couldn't get out of the contract by saying that she never gave you the check (and thus no consideration). She could still sue (and win) for breach of contract in such a matter. Once you actually have possession of the check, it's even more certain, in that the "ball is in your court". It's constructive possession of the money. You don't have to cash the check, but she has done everything that she can do to give you the money, so she has completed her contractual obligations. Only if the check were to bounce would you have a claim to a breach of contract on her part and rescission of the contract then.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

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Consumer Protection Lawyer: RGMacEsq, Lawyer replied 1 year ago

Did you have any other questions before you rate this answer?

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Consumer Protection Lawyer: RGMacEsq, Lawyer replied 1 year ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

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Consumer Protection Lawyer: RGMacEsq, Lawyer replied 1 year ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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Consumer Protection Lawyer: RGMacEsq, Lawyer replied 1 year ago

Hello?

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Consumer Protection Lawyer: RGMacEsq, Lawyer replied 1 year ago

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~35 minutes with you in this chat today) and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Customer reply replied 1 year ago
Very professional and helpful. Thank you and I would use this service again.
Consumer Protection Lawyer: RGMacEsq, Lawyer replied 1 year ago

My pleasure. Please rate this answer so that I get credit for the time and effort put into it. It's crucial that you rate it for it to close out and for me to get credit for it.

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Consumer Protection Lawyer: RGMacEsq, Lawyer replied 1 year ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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Consumer Protection Lawyer: RGMacEsq, Lawyer replied 1 year ago

Did you have any other questions before you rate this answer? Again, I am waiting for your actual rating to close out the question.

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Consumer Protection Lawyer: RGMacEsq, Lawyer replied 1 year ago

I see that you still have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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Consumer Protection Lawyer: RGMacEsq, Lawyer replied 1 year ago

Hello?

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Consumer Protection Lawyer: RGMacEsq, Lawyer replied 1 year ago

Again,

I see that you still have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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RGMacEsq
RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 17,262
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Experience: Licensed Texas General Practice Attorney

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