Legal Question in Consumer Law in Utah
Sold Yorkie Puppy AKC
In 5/2003 a girlfriend and I bought a male AKC Yorkie and we registered him. We gave him to my Sister-In-Law with the agreement that we would have breeding rights. On 3/12/05 my AKC Yorkie whelped 4 puppies. On 5/13/ 2005 I sold my smallest female to a couple in Idaho for $1,000. The litter was AKC reg.. On 2/3/06 I rcv'd a letter from AKC, the DNA did not match on the male dog (father of the litter). ''The DNA results indicate that this dog could not be the offspring of the parents to which it is registered.'' Then again on 4/26/06 I received another letter from the AKC stating that the male dog's parentage could not be proved. So the AKC cancelled his registration. Therefore, the litters which he sired were all cancelled as well. Every puppy owner rcv'd the letters from the AKC. On 5/10/06 I received a call from the Idaho puppy owners and they were requesting money back for the puppy they purchased for $1,000 since it's not a purebred. The lady said that they are not going to breed her but are just keeping her as a pet. But because I can't prove she's a purebred, they want money back. I sold the puppy believing it was AKC reg and then it was cancelled. Am I obligated to pay them $850 which they are requesting?
1 Answer from Attorneys
Re: Sold Yorkie Puppy AKC
The refund should be the difference between the $1000 and the market price for a pet quality dog. I suspect a pet quality dog, but still a pure breed although not registered, is only a few hundred less than the AKC purebred price. Do your research.
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