Legal Question in Real Estate Law in New York
we recently gave away our dog to a young couple free with the understanding that he would have a good home and if they could not keep him to return him to us. the day after they picked him up they put him for sale on craigs list for $1100 stating that they had him since he was a puppy and that if they could not sell him they were taking him to the spca. we contacted them and told them what the agreement was and to return him to us but they refused, we finally got him back after giving them $200 is there anything we can do?
1 Answer from Attorneys
Your question made me think of the old expression, "The more I get to know people, the more I like my dog."
The couple who tried to deceive you acted in a repulsive way. From a purely legal perspective, they breached their contract with you and committed fraud. In a perfect world, there would be some substantial punishment for their actions. Unfortunately, the best you can reasonably do is to get your $200 back by suing in small claims court. I would strongly encourage you to do that, because to allow those persons ("persons" is a term I use loosely in this context) to benefit even a penny from their wrongdoing would be regrettable.
I hope that you have some writing (even an e-mail would do) that expresses the agreement that you had with them; if you don't, all is not lost -- your testimony can help establish the existence of the contract, which need not be in writing.
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