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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33372
Experience:  Began practicing law in 1992
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Foolishly my husband sold our new puppy to new owners,they

Customer Question

Foolishly my husband sold our new puppy to new owners,they paid cash what we paid for it(we didn't realize the true value and gave it for the same price),however next morning I called and told them we would give them the money back(there was no written contract) and we made a mistake and wanted it back.This is not a financial issue,we just miss her and want her back desperately.They already have 2 or 3 others ,but this was our first dog,they refused. we still have purchase contract and receipt for it,but he gave them immunization papers etc with it and crossed out his name.
I am devastated and want the puppy back,anything possible to be done.
I don't know what living conditions the dog has now,but would have have the best life with us.can anyone check on this if I pursue a civil suit ,what are my options.? Thank you
Submitted: 9 months ago.
Category: Legal
Expert:  Marc replied 9 months ago.

Hello. My name is ***** ***** I will try to assist you this morning.

I am very sorry about your plight and, as an animal love myself, I can imagine how distraught you must feel. The good news is that, if the new owners refuse to return the puppy, you may find relief in court. In general, a contract is not enforceable if there was "meeting of the minds" as to an essential term, such as price. In your case, there is no evidence of any mutual agreement - no written contract or anything else that shows that you agreed to give the new owners the puppy for a particular price. While verbal agreements can be enforceable, such cases are typically very fact sensitive - that is, a judge will typically take into consideration other facts, such as the conduct of the parties, possible misunderstandings, or other circumstances.

In your case, since a judge has no written agreement to look at, he/she will listen to the reasons why you want the puppy back. While there are no guarantees, there is a fair chance the judge will find that there was no agreement and that the new owners must return the puppy to you upon repayment (and possibly other nominal costs). You might also suggest that, to the extent that there was any agreement, your terms of sale required the new owners to take good care of the puppy, and that you have come to believe that they are not.

I hope you'll be able to resolve this without resorting to legal action. But I hope this information helps you to understand your options. If you are satisfied, please feel free to rate my answer, as that is the only way I get credit. Meanwhile, good luck to you!

Customer: replied 9 months ago.
Expert:  Dwayne B. replied 9 months ago.

Hi, different expert here. You had requested a new expert.

This is Dwayne B. and I will try and assist.

Was there something about Marc's answer that you didn't understand? He is an excellent expert and seems to have covered the issues you asked about but I'm more than happy to try and assist and clear up any confusion.