Legal Question in Business Law in North Carolina
Dog Breeder Refuses to Refund Money
I purchased a AKC pup from a breeder in Florida for $450.00. I signed an agreement that stated "Buyer agrees if for any reason the buyer no longer wants above puppy the buyer will contact the breeder and the breeder has first option for the puppy back at no cost." I interpreted this to mean that if I return the puppy I pay for the shipping cost. I don't think she can keep my money and the dog (which she can then turn around and sell again). We have had the puppy for 2 and a half weeks. It does not get along with my 5 and 3 year old sons. I could just as easily sell the puppy out right and she would never know. I would then be able to recoup some of my financial lose. It makes no sense to return something of value and not receive something of value in exchange.
2 Answers from Attorneys
Dog Breeder Refund
You are correct that the agreement you signed doesn't make sense. But you did sign it. Most people don't think about this kind of problem until it actually comes up. It is at least arguable, I guess, that the breeder decided NOT to exercise his/her "first option" by refusing to offer you something for the dog. And it does seem unlikely that they will sue you out-of-state for $450. Not many lawyers have time to fool with small amount like that unless they handle them in quantity. So I'd be sorely tempted to call up the breeder and say "If I don't get a check from you for $____ within 7 days, I will assume that you do not want the dog back". And THEN HANG UP THE PHONE WITHOUT DISCUSSING IT FURTHER" (assuming, of course, that they have your mailing address).
Right ... there'd be no sense in saying seller had a $0 option.
And a court would agree, I'm sure. Before sending back the dog, ask the seller to clarify that statementwith another -- signed -- which states what price selleris willing to pay for it -- but presumably NOT more than what you paid. In fact, I suggest you offer back the dogand get the money from them before sending the dog back.That just seems to make more sense for a couple of reasons, one being that you're less likely to try to keep the dog than they would be to keep the money, and another being thatyou could presumably sell the dog elsewhere for cash up frontso you shouldn't have to guess whether or when you'll be paidif you let them take that option. Most options are transactedas cash up front.
Good luck! Your state's laws may differ and there may even beunique laws for dog sales that I'm not aware of, but I think thisis good info.