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Can my daughter sue for damages?
My daughter breeds and raises AKC Golden Retrievers. A lady put a $100 non-refundable deposit to hold a pup for a week. Signed the contract and left. My daughter held the pup, lady came back in a week and paid the balance in cash, never spending any time with the pup, but claimed she knew the breed well and had a 6 month old at home. 24 hours later, she emailed my daughter, put stop payment on the check, asked for a full refund because she claimed the pup was "aggressive" and my daughter knew that he was but sold him to her anyway. Threatened to sue her for the balance.
My daughters bank is giving her to the 29th to clear up the check and $35 fee they charged. Meanwhile, lady claimed she had to pay $100 for H.E.L.P. (rescue shelter) to take the pup for her. My daughter contacted HELP, concerned about the welfare and condition of the pup. The supervisor spoke with her and had taken him home that first night and kept him for a few days. Told my daughter she could tell he came from good breeding, pup showed absolutely NO signs of aggression, not towards food, people, kids, or other dogs. Also said he was well socialized. Never even have an accident in the house. Pup is 11 weeks old. She ran him through all the tests. He was immediately adopted by another lady from the shelter who is also very pleased with the pup and his temperament.
How can my daughter recoup her deposit and fee, and with her being reported to the AKC, agricultural dept, HELP, does she have grounds to claim damages? She's just happy the pup has a good home but worries about being sued and her bank refusing to cash checks if this isn't cleared up. The supervisor already told her if her (20 year) expert opinion is needed legally, she'd be more than willing to help. This was the first time any buyer wanted to return/demand refund for a pup. How would you handle this? Thanks!
Ralph T, I haven't personally read her contract but the gist of it is the non-refundable deposit is to hold a pup only. If the buyer changes their mind, they're out the deposit. Pretty standard. The buyer is aware of this before ever signing the contract. By stopping payment on the deposit check when my daughter kept her end of deal (holding this pup specifically for her for a full week) the buyer broke the contract. The rest was paid in cash. The day after she paid the balance and picked up the pup is when she stopped payment on the non-refundable deposit, thereby stealing money from my daughter.
If the buyer goes through with the sale, the deposit is obviously put towards the purchase price. The contract guarantees the buyer is receiving a healthy, vet checked, AKC pup, current on all shots, wormings, etc and the buyer agrees to bring to their own vet within 3-4 days of purchase date. It states nothing about "temperament" as most pups DO bite and chew on things, i
Lady Katherine, You cannot sell a pup "as is".Buyers have a legal right to expect a healthy puppy. She must guarantee that. If the pup ends up sick and she refuses to refund, she's the one who'll be sued. That's also why the buyer agrees to the vet check soon after purchase and why she has all the required vaccines, wormings, checks already done. No breeder can ever guarantee "behavior" or "aggressiveness" not knowing how the pup is being treated/raised. But that's the issue with this buyer and why she stopped payment and reported my daughter. For "knowingly selling aggressive puppies"
Ralph T, sorry, I ran out of room. If she files in small claims court, I wonder if simply writing "Theft, check fraud. stopped payment on non-refundable deposit. Defamation" would be enough to file? Then just have all her back and forth emails and docs together and any witnesses and/or affidavits with her on the court date?
6 Answers
- Dave87gnLv 78 years agoFavorite Answer
I wouldnt take the dog back without the lady paying all costs incurred..the deposit and the bank fees
and if she refuses. I would threaten to sue and file a police report for fraud..you are not allowed to stop payment on a check- that's exactly the same stealing.
- Ralph TLv 78 years ago
The woman purchased the pup under the terms of the contract.
What are the terms for refunds and sale cancellations?
What is the state law for business transactions?
To get a refund,the purchaser has to return the merchandise - your daughter can sue for the balance due for the pup since the buyer is not in possession of the pup and therefore cannot return the pup for a refund.
As for the stop payment on the check fee,that should have been charged to the buyers bank account,not hers.
However,your daughter can also include those fees in her suit against the woman plus court and legal fees.
Depending on the limits,she can sue the buyer in small claims court and can have the person she talked to from H.E.L.P. testify in court as well as the people who currently own the pup.
As for the AKC,she will have to provide what ever information they ask for in the resolution of the issues.
I am not a lawyer,my post is based entirely on what information from life experience,reading and watching programs dealing with legal issues.
For specific legal information,you should consult an attorney as to your best course of action.
- KevinMLv 78 years ago
This will be a hard battle and a lot of effort to recoup a few hundred dollars. I recommend that she contact the local DA and prosecute the woman for check fraud. She showed bad faith by not contacting your daughter first to take the pup back!
- Arthur WLv 78 years ago
Sue her in small claims court for money owed here and for Defamation of Character and Slander. Good luck
Source(s): Florida Paralegal - How do you think about the answers? You can sign in to vote the answer.
- LadyCatherineLv 78 years ago
first thing your daughter needs to do is re do her contracts with the people that buy dogs from her, stating that dogs are sold "as is" and no refunds.
second, it would cost her more to sue the lady, then the amount she has lost.
