Legal Question in Civil Litigation in Pennsylvania
Papers for Puppies
When looking for a dog to breed with our dog, an aquaintance said that her dog had papers, and wanted to breed with our dog.. But her dog didnt preform, so while she had our female at her home she bred her with another dog that she had..she stated that she was pruchasing the dog, and would have no problem providing papers for that dog. I paid her a $400.00 stud fee, and sold the puppies as having papers available. She now states that the dog was rescued, and she cant provide me with the papers. I am afarid that I will have to refund the prices of the puppies.
2 Answers from Attorneys
Re: Papers for Puppies
Yes you will. If you have everything in writing, you can sue to recover your loss from the person who mated your dog to the mutt. If not, you will have a problem suing, so next time, create and get the paperwork you need!
Re: Papers for Puppies
You asked about damages for dogs of questionable breed.
There are a few avenues. The first would be to confirm that the sire was not pure. Or if possible confirm that it was pure. Can they DNA test dogs for this?
The next step would be to seek out the adoptees and offer recission. This is more effective than offering a refund. Dogs are still catagorized as chattel, that is property. You would have to refund the fee paid but the adoptee would also have to give up the dog. Few people will be able to give up the dog. Moreover, the adoptees have little claim because you could not offer papers at the time of sale.
You should disclose what you know to the parties, mainly so nobody compounds the error by breeding the dogs based on questionable provenance. If any repercussions come of the events then the original party should pay because she had no right to mate an unregistered animal with your.
Better to have learned your lesson and not do any further business with the breeder. You may even want to cautiously disclose these events in the breed community.
But the best part is that if the dogs are not pure then you are probably better of with your friends as mixed breeds generally don't have the inherent problems that pure breeds do.
Regards,
Roger
Dyed in the wool lover of mutts.