Legal Question in Civil Litigation in Colorado

Personal

1 month ago today I sold a 7 month old siberian husky to a neighbor of mine for three hundred dollars with a 150 deposit and an agreement she would pay me the other 150 on the following pay date. I agreed and she came back the next week and asked me to extend the payment until the following paydate I agreed and again got a receipt. Today she was suppose to pay me the other 150 and she harrassed my neighbor claiming she wanted back and she was to return the dog. please can you tell me who is in the right do I owe her 150? or does she owe me 150?


Asked on 2/15/07, 10:18 pm

1 Answer from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: Personal

Based on what you've said, you clearly have a case against your neighbor for the remaining $150. You could take her to small claims court and sue for the amount, plus court costs.

On the other hand, you may want to consider the best interests of the husky pup. Your neighbor doesn't sound like a fit owner (she doesn't want the dog; she probably doesn't deserve the dog, and the dog certainly doesn't deserve her.)

You might instead ask her to return the dog, do NOT refund her money, and make a new contract instead. You agree to make reasonable efforts to sell the husky to someone else, and pay her whatever you make on the sale over $150, up to $150, minus your actual costs for feeding, and maintaining the health of, the pup, until the sale.

That means that if you sell the dog again for $300, you each would get $150. That would give you the full value of the dog (because you've already been paid $150), and that would also get her deposit back.

If you make less than $300 on the new sale, she would only get whatever amount is over $150, again minus costs. If you make more than $300, the overage is yours.

If this is a pure-bred Siberian, you should have no trouble getting $300 again for it. It's a beautiful breed.

Good luck.

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Answered on 2/16/07, 6:09 pm


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