Legal Question in Business Law in Illinois

Dog returned to breeder W/O registration

We are breeders in NJ (23 years in the breed&showing) sold a Show Prospect puppy on a co own to a man in IL, ( less than 2 yrs in the breed) he signed & initialed every page ~ he returned the dog less than 6 months later) saying she was not show quality, our contract states that the determnation of dogs show career is up to the breeders, our contract also states & he acknowleges that if the dog is returned at any time it is to be returned with signed over AKC registration & without conpensation~ he acknowleges this fact by email many times ~ we went & got the dog dog from a friend of his( she was in poor physical condition) both before & after we got her but he has demanded X amount of $$ for the AKC registration ~ he has broken many more of the contract stipulations , but I just want to get the AKC reistration back so we will be sole owners of the dog & show her if we want ~ we did at one time offer him an amount of $$ ( even though by contract we di not have to , I was doing so in good faith & he verbally & by email agreed to that amount , then decided it was to low & is no holding out for a larger $$

We have sent him a letter stating the violations & asking for the AKC reg. Is a lawyer our next move?


Asked on 7/03/07, 9:53 am

2 Answers from Attorneys
Noelle Ansley Noelle Ansley

Re: Dog returned to breeder W/O registration

I recommend an attorney to assist you with this because you increase the chances that this guy will stop changing the terms and making demands if you've got someone else dealing with the situation for you. There are attorneys out there who specialize in animal-related issues, particularly dog and horse deals. If you don't know of anyone who can help you, contact your local bar association and see if they can refer someone to you.

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Answered on 7/03/07, 11:57 am
John Corbett Corbett Law Firm LLC

Re: Dog returned to breeder W/O registration

If you have not yet returned any of the buyer's money, don't.

If you can disconnect yourself from your emotional attachment to show dogs, you will see the issues more like a judge would. You goods were sold and paid for. Buyer rejected the goods but made an incomplete return which did not comply with the contact. You may (1) refuse to accept the return and leave the buyer to his remedies, or (2) accept the nonconforming return and give the buyer credit for the value of the return less the commericially reasonable costs of resale. The resale value is, of course, diminished by the lack of AKC papers. The buyer has purchase the dog and its papers and is under no obligation to return the papers to you. Correspondingly, you are under no obligation to refund any money to the buyer except if you resell the dog at a profit or if you contract says otherwise.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 7/03/07, 12:12 pm


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