Legal Question in Civil Litigation in California
You Have to Pay Full Price
I sold a purebred puppy to someone for $200 dollars, I normally charge $800 to $1,000 for the same puppy. This puppy was sold on a pet only basis and was not meant for being bred to sell other puppies. The people I sold him to are suing me for not letting them have full registration for the purebred puppy. These people did not pay full price, so they cannot register there puppy with full breeding rights. They want their money back, a days pay reimbursement for missing work and want to keep the dog. What will the court do?
2 Answers from Attorneys
Re: You Have to Pay Full Price
I'm not sure what you mean when you say you sold the puppy on a pet-only basis. Did you explain to the buyers that they were not going to receive the registration a breeder would need? Better yet, did you do so in writing? It seems to me that a buyer of a pure-bred puppy would expect it to be registered unless they were actually informed that it was not. If they weren't made aware of this, your decision to lower the price may not impress a judge very much, unless the buyers were well-informed about such transactions and should have known that such a price implied that no registration would be included.
I can't imagine that the court will let them keep the dog *and* get a refund; if they want their money back, then they should be required to give you back the dog. I think their request for a day's pay will not be taken very seriously. If you can document that you explained the registration issue, you will probably prevail.
Edward Hoffman
Law Offices of Edward A. Hoffman
11620 Wilshire Boulevard, #340
Re: You Have to Pay Full Price
Your question is not a unique question. The answer hinges on what you told the buyers and what did you give them in writing.
Also, were the buyers "sophisticated" buyers, and are you "in the business"
of selling dogs. While you sold the dog and a fraction of the normal selling price, the court would take that into account.
Further, the court most likely will not allow them to get their money abck AND keep the dog. That would be double recovery. Also, lost
wages are not recoverable. How long did they keep the dog before all of this arose?? Short time is better form them, long time is better for you.
My suggestion is to offer them their money back and they give you the dog back, providing they did
not have the dog for a long time. If they do not agree, at least you can go to court and say you tried to work it out and they were unreasonable.
GOOD LUCK
Robert E. Drescher
Law Offices of Robert E. Drescher
23958 Avenida Crescenta
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