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 The Bird Lady
Posts: 6440
   
Location: The end of the Earth, SE AR | Okay you legal-minded barrel buddies, I have a few questions:
If a contract for a pet does not contain the words "non-refundable" and the buyer wants to not purchase the pet, would a judge rule that a refund was due?
What if the seller sent an email sand text tating they would give a deposit but then sent a second email saying they changed their mind and would not offer one?, would a judge rule a refund was due?
Does it matter if the buyer never received a copy of the contract signed by the seller?
What if the seller misrepresented the age of the pet and there was proof (be it a bit bizzare) ?
Thanks in advance for your opinions/advice.
Edited by rollingrfarm 2014-10-30 10:28 AM
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Expert
Posts: 1343
Location: East Texas | I am a paralegal in Texas. My advice is to take your contract to an attorney and let them look at it for you (whether your are the buyer or seller). Without seeing the document and knowing the laws of the State you are in, we can probably give some advice, but unless someone is an attorney, it would be just that... our advice and opinions! Good Luck!!! |
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The Bird Lady
Posts: 6440
Location: The end of the Earth, SE AR | I'll probably spend more in a 1 hour session with an attorney than I will lose in the deposit.
I hate to see someone get away with misepresenting something, taking in other unsuspectiving victims and then using threats to force them to honor the contract when they realize they've been a victim of a hoax. |
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  Fact Checker
Posts: 16575
Location: Displaced Iowegian | rollingrfarm - 2014-10-30 10:23 AM Okay you legal-minded barrel buddies, I have a few questions:
If a contract for a pet does not contain the words "non-refundable" and the buyer wants to not purchase the pet, would a judge rule that a refund was due? If the reason the buyer was not buying the puppy was due to misrepresentation as you have stated, I think the judge would rule in your favor.
What if the seller sent an email sand text tating they would give a deposit but then sent a second email saying they changed their mind and would not offer one?, would a judge rule a refund was due? I would think so........
Does it matter if the buyer never received a copy of the contract signed by the seller?
What if the seller misrepresented the age of the pet and there was proof (be it a bit bizzare) ?
Thanks in advance for your opinions/advice.
Small Claims court costs a lot less than an hour with an attorney....I would take the chance and sue her for the refund plus court costs. Did you send her a certified letter of demand for the refund?
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Extreme Veteran
Posts: 596
Location: Somewhere in the middle of nowhere | NJJ - 2014-10-30 10:26 AM rollingrfarm - 2014-10-30 10:23 AM Okay you legal-minded barrel buddies, I have a few questions:
If a contract for a pet does not contain the words "non-refundable" and the buyer wants to not purchase the pet, would a judge rule that a refund was due? If the reason the buyer was not buying the puppy was due to misrepresentation as you have stated, I think the judge would rule in your favor.
What if the seller sent an email sand text tating they would give a deposit but then sent a second email saying they changed their mind and would not offer one?, would a judge rule a refund was due? I would think so........
Does it matter if the buyer never received a copy of the contract signed by the seller?
What if the seller misrepresented the age of the pet and there was proof (be it a bit bizzare) ?
Thanks in advance for your opinions/advice.
Small Claims court costs a lot less than an hour with an attorney....I would take the chance and sue her for the refund plus court costs. Did you send her a certified letter of demand for the refund?
This was my thought as well.....good luck!  |
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The Bird Lady
Posts: 6440
Location: The end of the Earth, SE AR | She refused the cerified letter and emailed me to say she won't pick it up and changed her mind and would only give a refund if my vet said the puppies were sick. I told her 5 week old puppies that cannot stand or walk are very sick. She is very threatening and insulting. To go court with her will be a day off work to file , a day off work to appear and about $100 in diesel. Court fees are $90. If I pursue this I've got to win
Edited by rollingrfarm 2014-10-30 1:10 PM
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 Cute Little Imp
Posts: 2747
Location: N Texas | If the animal is misrepresented, she owes you your money back. I'm sure part of the guarantee was a healthy animal, which it sounds it is not. Either way she needs to cough up some money and make it right. If she doesn't, she clearly is not a responsible breeder. |
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 Warmblood with Wings
Posts: 27846
Location: Florida.. | I know here in Florida it is illegal to sell puppies or Kittens under the age of 8 weeks so if you have proof they arent and it is there as well.. then they will rule in your favor.
https://www.animallaw.info/topic/table-state-laws-concerning-minimum-age-sale-puppies
Edited by Bibliafarm 2014-10-30 11:14 PM
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The Bird Lady
Posts: 6440
Location: The end of the Earth, SE AR | I have proof of when she said they were born and I have proof of what they looked like at 5 weeks which is that they looked more like 3 week old puppies. I would have to get a veterinarian to go to court with me and I don't know too many vets who want to spend the day sitting in court. I am no longer purchasing a puppy from her so I would not be able to show what the pups look like at 4 weeks. And since she lied about what the puppies dam/momma looked like, I'm sure she'd bring fake picture of the pups. Her last insulting hateful email said that the puppies were scared and that's why they didn't stand or walk. So I would need proof that's not the case. I'm just going to try to work through AKC. |
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