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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We gave our dog away because we found out we could not keep

Customer Question

We gave our dog away because we found out we could not keep her here but just found out we could but the people will not give her back there was no written contract do we have any legal rights
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Unfortunately, no. Unless you had a contract which specified that you can "void" the contract within a certain amount of time, this was a gift from one party to another. As such, it was FINAL. There is no "right" to take back the item (the dog is considered an "item" when it comes to things like this).

Someone in your situation can try to claim that the dog was only given temporarily and seek the dog back in small claims court. However as you have already stated that this was a gift, this would be a lie. Lying to the court can carry penalties.

You can try arguing that the gift was not final, and was premised on the fact that if you could secure the dog to stay there, the gift would be voided. But if so, you would have to prove this by a preponderance of the evidence.

In short, it would be up to the Judge, and what and whom they believe - whether this was a FINAL GIFT, a TEMPORARY LOAN, or a GIFT WITH CONTINGENCY, etc.

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Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!