Legal Question in Civil Litigation in California
We want our puppy back
We advertised our puppy for sale and ended up selling him to a couple. We made a mistake and now want him back. We called the couple 24 hours after the purchase was made and tried to resolve the issue. We offered them their money back as well as any additional expenses that they procured. They adamantly refused. Initially we were told that he would not be alone. That is not the case. He's a puppy left alone in a house for 10 hours a day, whereas with us someone was with him 24 hours a day. Do we have a small claims case?
3 Answers from Attorneys
Re: We want our puppy back
No you do not.
Re: We want our puppy back
You may be able to have the contract recinded due to fraud or misrepresentation. There is a new trend in the law to treat dogs as something more than mere chattels. I do not believe that small claims court would be the proper forum for such an action.
Re: We want our puppy back
You are probably out of luck. For most purposes the sale of an animal is treated by the law just like the sale of any other property. You received your purchase price for the puppy and that is generally all the court will care about.
Mr. Bravos is correct that the law has begun to treat animals differently from other property in some respects, but this generally involves giving the animals protection from mistreatment. Many people leave their dogs alone all day, so I can't imagine a court ruling that doing so is improper.
I realize that the buyers told you they would not do this, and you may be able to press a fraud claim on this basis as Mr. Bravos suggests. Doing so will cost a lot of money and take a long time, and your chances of success seem dubious. During that time, the puppy will almost certainly form a bond with his new family despite being left alone much of the day, and his bond with you will fade. If you win the case and get him back, he will be an adult who does not consider you his family any more and who feels he has been removed from his home. Is that what you want? If you are genuinely concerned about his welfare, perhaps you should let this matter go.
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