Legal Question in Consumer Law in Texas

Verbal Agreement binding?

We attempted to purchase a dog through a rescue mission. We went through many hoops in order to get aproved. We were told that we could have the dog. We went and purchased several hundred dollars worth of things for him and attempted to get him. The owner is now telling us that we can not have him. It has been a month long process and we have already formed an attatchment too him(especially kids.) I have several emails documenting the interactions. Is she bound by her verbal contract? She now wants to keep the dog because we left him an extra day due to the hurricane. Do we have any options? Thanks


Asked on 9/30/05, 5:21 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Verbal Agreement binding?

Verbal agreements/contracts are binding. The problem usually comes in proving up the terms of the agreement. If you can do that, you now have a choice of approach.

You can sue for specific performance to gain possession of the particular dog, or sue for breach and subsequent damages; i.e. costs and expenses incurred anticipating receipt of the dog.

They can be combined in one lawsuit at the county court level, with you having your choice of remedy. That will be expensive, although you may be in a position to recover attorney fees as part of the judgment. Collection is problematic.

If you just sue for damages due to the breach, you can recover a money judgment of up to $5,000.00 plus costs of court in Small Claims. Proof of the contract, and damages, is easier in Small Claims, and you don't need a lawyer.

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Answered on 9/30/05, 5:42 pm

Re: Verbal Agreement binding?

While you may be able to sue the question would be can all of this be worked out with a simple phone call or a letter. What shelter is this? Are they in the houston area?

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Answered on 10/01/05, 11:24 pm


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