Are Contracts for selling pups useless? - Page 2

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Brittany

by Brittany on 07 June 2007 - 18:06

spook101, You must not know much about lawyers and the way they practice. You can find a lawyer who does FREE consultation.

yellowrose of Texas could find a lawyer who practice this... receive free advice and if the lawyer thinks that she has a case.. they'll take it and if you do not win the case, you don't pay.

In my opinion I think yellowrose of Texas has a case against this guy.. He simply violated the breach of agreement in the contract.

yellowrose of Texas, Go to your lawyers office and let him/her know about this... Don't believe what this idiot says.. He might be pulling your leg. Go get legal help.


by Jehannum on 07 June 2007 - 18:06

You dont need a lawyer to sue in small claims court at all.

It costs nothing to go and stand before the judge and state your case. I think that you will win, and this guy is telling you it wont stand so that you will be discouraged and go away.

I think you should sue him. If anything, you will get a free test of your contract and you will have a better idea of how to revise it. I really think you will win though. I think that the DBA line he was feeding you was a load of bull, personally.


trysil

by trysil on 07 June 2007 - 18:06

On the registered name: If you as the breeder mailed in the papers to the AKC then the name could not have been changed. In the future you should have the buyers write a check to the AKC at the time of purchase or include it in your purchase price.

 If you really want the pup back then pay them the extra $100 and buy the pup back. It would not be worth the hassle of a small claims case over $100. Sure there is the point of it but you won't get compensated for your time or headache. If it was a $10,000 matter then it would be worth hiring an attorney. A good attorney (??) would tell you the same. Better to spend the attorney fees on a clear concise contract as advised above.


by Jehannum on 07 June 2007 - 18:06

Heres some good links for you Yellowrose:

 You will see here that small claims is for problems just like this and most people do not have a lawyer at all. It costs 10 bucks to file. I say go for it!

http://www.peopleslawyer.net/smallclaims/

 http://library.law.smu.edu/resguide/smclaims.htm

 

 

 


by LMH on 07 June 2007 - 19:06

And I say don't.  You're fiesty, and I admire your spirit........but, why not chalk this one down to bad judgment .  Try and buy the pup back....give him $650.  He raised the price only $100---another $50 will probably will be enough to tempt him. (You've had enough lately, Yellow..........take the easy way out.  I know it's not your style......but you can rest up for another day.)

yellowrose of Texas

by yellowrose of Texas on 07 June 2007 - 19:06

He just emailed me and said he didnt care about my contract if I wanted my dog pay him the $600.00 and quit hiding behind emails , they are for cowards....bottom line , he said , you have till Sat. to pay for him or hes going to another who is sending me a deposit......and when are you refunding my deposit on the litter that didnt take....my contract says no refunds no matter for what reason , but he says the contract doesnt address rolling it over on another female if the one he paid on has no pupppies, but I told him verbally, no refunds, hes the one wanted to pay on all these litters,,,and I told him Id call him when next female gave birth....let him take me to court , then , over the $100.00 non refundable deposit that Im not giving him or his preacher back........

by Badpuppy on 07 June 2007 - 19:06

 Yellowrose

Has this person registered the dog yet? If not, I have an idea that might help you...

  badpuppy00 @ yahoo . com


by spook101 on 07 June 2007 - 19:06

Brittany, I may know a little bit more about , lawyers fees, business law, contracts and contract enforcement then you are willing to give me credit for. From your statements to YR it is obvious you know very little.

Small claims is the only viable way to go about this and the best that can happen is the individual may be told to return the dog for the price of the sale. Now the more interesting part will be trying to enforce the judgement, especially if this person does not live in the same state.


yellowrose of Texas

by yellowrose of Texas on 07 June 2007 - 19:06

Hes in the same state, about 2 hours drive from me and I have till Saturday to get him   I will take someone with me. I love my dogs and I will eat beans and turn off my ac if i have to to pay for this pup and get him registered correctly and hishas to have a transfer sheet also because I filled out his name on the back     Im too old for all this I think....Why do people not care about their word or honor anylong   He just stated in his email  I dont care about your contract.......

4pack

by 4pack on 07 June 2007 - 19:06

I'm trying to make a list of honest breeders, lets put him on the...hell no I wouldn't touch him with a ten foot poll list.





 


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