Legal Question in Consumer Law in Florida

Puppy given as a gift

A friend of the family who breeds AKC registered dogs gave a puppy to my wife at no charge. We have since decided that we can no longer keep the dog and are attempting to sell it to recover the money we have put in towards shots and other related expenses. The person who gave us the dog says we cannot do that & wants the dog back and refuses to cover any vet costs. They claim my wife signed a contract that said she couldn't sell or give the dog away. She did not sign any contract. Also, they did not sign the AKC form for us to be able to register the dog. Can they legally take the dog back when it was given as a gift?


Asked on 7/30/07, 10:00 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Puppy given as a gift

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A gift is a gift unless it comes with a signed contract that lists specific conditions which makes it a conditonal gift. If your gift came with a signed agreement stating that it could not be sold, then you would be in violation by selling the dog and damages could be sought by the other party. On the other hand, if there was no agreement, then it can be freely sold, given or exchanged with another party.

Scott R. Jay, Esq.

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Answered on 7/30/07, 10:32 am
Johm Smith tom's

Re: Puppy given as a gift

You and your wife, aside from the friend, are the only ones who know what conditions/representations accompanied your acquiring possession of the dog. Good, responsible breeders often condition free dogs on the option to recover the dog if you do not intend to keep it. The vet costs for a new puppy are lower than what people pay for high quality dogs.

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Answered on 7/30/07, 11:07 am


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