Question:
dog sold now owner wants me to take it back or go to court?
2008-10-20 17:07:55 UTC
i had a dog that i sold to a women through craigslist for 300 there was no paperwork signed and i had mentioned if things didnt work out i would take the dog back. 2 weeks later she wanted me to take the dog back as well as her money. i can not take the dog back now because i have recently switched jobs.i told her to take the dog to the humane society and now she wants to take me to court. can she do this?
44 answers:
Becky
2008-10-20 17:14:28 UTC
Take the dog back. Give her her money back, or at least half of it. You had a verbal agreement, but even more important, this is a life that you are willing to keep the money for and cast it off to join the ranks of homeless animals. You can find another buyer for the dog, or at the very least contact a rescue and find a foster home. You owe your dog this. Please do the right thing.
Rosalie
2008-10-20 17:17:32 UTC
She can take you to court, but all you both have is, from your description, an unwitnessed verbal agreement. Unless there was someone else there who witnessed your saying that, she will have no proof.



On the other hand, it isn't ethical for you to back out on your word if you took responsibility for ensuring that the dog would get a good home, either.



Perhaps you can resolve it by finding a proper rescue that will help rehome the dog without it being euthanized because neither of you are appropriate. Look on Petfinder.com in your area, and find her a good rescue group to take the dog into foster, if that's the best you can do. If it a particular breed, there is also breed rescue to approach - but do make an effort to do better than telling her just to dump the dog at the local shelter.



By going to court, you will both be wasting valuable time of municipal employees that have far more important things to resolve, and it won't help the dog anyway. Why not buck up and help her find the right place for the dog, if it's not with you.
2008-10-20 17:20:06 UTC
You should offer to take the dog back so that you know it is going to a better home this time as you have obviously failed to find the poor thing a home for life. You should tell her that you will give her any money that you get for the dog less advertising.

Something about this situation does not fell right.

You say you sold her the dog for 300 i assume it is not a puppy you bred as surely you would of said so. if i am right and it is an adult dog then how many more homes is the poor dog going to have and why does everyone want shut of it.

Poor dog!
Sou Eu
2008-10-20 17:27:11 UTC
Well, I don't think either one of you should have owned the dog in the first place since you are both so irresponsible. This is just another example of animal cruelty that disregards the life of "man's best friend" to compensate for economical hardships. If there is anything humane about you, you would take the dog back like you promised and work out a way to pay back that person, then, if you really have to, take all the time necessary to find your dog a home that is prepared to provide it a long and happy life.
2008-10-20 17:17:37 UTC
If you went to court and admitted to the Judge that you said you would "take the dog back if it didn't work out" then the Judge would say that is the agreement you made, take the dog back. So if the the agreement was really something else.... (for example)"I'll take it back within the first week." then say so. Of course, if it is a verbal agreement with no other witnesses and you simply don't admit to having made that statement (you will be morally wrong of course) then the buyer cannot prove that the agreement exists... You Win. I cannot believe the buyer will go to the trouble of taking you to court, it is probably just a threat... suggest that she sell the dog herself.
Shih Tzu Mom
2008-10-20 17:17:37 UTC
What would a new job have to do with not being able to take the dog back now, when you said you would before? It sounds to me like you didn't want the dog for some reason, sold it to her and now it's "You bought it, it's yours."

Did this lady find out it has health problems and that's why you sold it to her? If so, she might be able to hold you to the verbal aggreement in Small Claims Court.

I really feel bad for the pup in question. This is just what's wrong with our 'throw away' society.....you don't want something, get rid of it, and go get another! Now, very likely this poor pup will end up in a shelter somewhere, like so many others.
amanda Y
2008-10-20 17:17:31 UTC
1st of all if you ever make a sale or transaction always always protect yourself and have something signed ALWAYS. and if you sold the dog you shouldn't say you will take it back if something goes wrong. its an animal not an electrical product! Advise her that your more than happy for her to take you to court as it will cost her a fortune and she has bought the dog with the intent on keeping it and caring for it. its her fault too for buying a dog probably on impulse. unless the dog is vicious or has bitten or attacked anyone then she really has absolutely no case. it will be frowned upon that she bought the dog in the first place. i really hope this helps you but plaese make sure no matter how small an item is always get a signature to protect yourself!!! :)
kerrbear
2008-10-20 17:19:18 UTC
I'm with Momma, the poor dog is the one with the most to lose. I would give it some time. She may have acted in haste, maybe the dog was naughty and she was frustrated. Puppies can be a challenge. I remember once I felt like returning my Lab when she was a pup, she was chewing everything up. i ended up buying a crate and a baby gate. She is 11 years old now and turned out to be the best dog I have ever had.
Anonymous
2008-10-20 17:18:47 UTC
if she doesnt have anything in written form stating that you actually told her you'd take the dog back then she'd lose. however, i wouldnt mention that again cause she could be recording it or have someone there as a witness. i wonder what is her reason as to why she doesnt want the dog now after two weeks? is it sick? she just cant give it back and take the money back, but maybe it might be a good thing for her to spend the money for court. gl
aimeelucille
2008-10-20 17:16:40 UTC
she can, because you said that youd take the dog back. its a verbal argeement. but, its very unlikely that she will cuz it will cost her more than $300 to take you to court. & if she did the worst would really just be you taking the dog back & giving her money back to her (which you should do if you can). did you say youd take it back & refund her money? if you never said anything about a refund, just take the dog. otherwise, see if you can work something out w/her. maybe take the dog & give her the money later. or make like a payment plan. maybe she can re sell the dog. good luck!
ChichiMom
2008-10-20 17:17:50 UTC
If there was nothing in writing about money back, you are ok. If a third party heard you verbally agree to take the dog back, and nothing was said about money back you are OK. But it;s a shame the poor dog has to go through all this as well as being unwanted by either of you.
Sound Bay Newfoundlands
2008-10-20 17:16:40 UTC
I don't know if she can take you to court, but this is one of the reasons animals should not be sold online. Both parties do not really know who they are dealing with. Regardless, if you said you would take the dog back then you really owe it to her to try to work something out that would work for both of you and the best situation for the dog. A reputable person would take the dog back then try to find a suitable home for him elsewhere. Finding the best situation for the dog should be both of your goals.
2 boxers mom
2008-10-20 17:22:14 UTC
If there is a contract you have to take the dog back or be at risk for a breach of contract suit. As for giving her money back she is sh it out of luck legally. You told her you would take it back if she could not keep it I suggest you do and then if needed you can find it another home. And anyone can take anyone else to court for any reason. Good luck;)
Lanie
2008-10-20 17:12:52 UTC
this is an ethics question...you did initially tell her you would take the dog back if it didn't work out, you didn't give a time frame. The moral and right thing to do would be take the dog back and give her her money back. I don't know what the job switching has to do with the dog ?
grrngirl
2008-10-20 17:16:27 UTC
Wow. You sold a dog to some loser apparently that loser doesn't want the dog anymore and you said take the dog to the humane society????!!!!

Your both losers and neither one of you should own a pet if your solution is to dump them off at a humane society when things get rough.
Gems
2008-10-20 17:16:13 UTC
legally if you told her youd take the dog back you had a verbal contract and have to...

the money would be an issue...a court will tell you that if you take the dog back you cant keep the money...



personally id take the dog back give the chick her money and take the dog to the shelter yourself if you cant keep it...



craigslist forbids the SALE of animals and $300 is too high for an adoption fee so you wouldnt have a leg to stand on in court....

i figure you may have already spent that money but you owe it to the dog and this woman who you already made said promise to to take the dog back and refund her fee.



the only time they cant claim the adoptin fee back is if they personally domnated it to a shelter in their name in exchange...

if you donated it to a shelter in their name YOU owe the woman said donation fee back...but since this was obviously a sale, yes she can take you to court for the full fee!
Lizzie
2008-10-20 17:14:18 UTC
Yes, she can sue you in small claims court. You had a verbal contract. If you're able to, get on one of those TV court shows. They will pay your court costs but you'll still have to take the dog back. Otherwise, you need to get $300 to pay her back and find a home for this dog, fast.
Silver Moon
2008-10-20 17:13:38 UTC
You have found an irresponsible owner for the dog.

Do the dog a favor, get into contact with breed rescue and talk to them about the situation. Hopefully they can take the dog or help you find a home for the dog that is stable.
Ali
2008-10-20 17:28:49 UTC
She can tke you to court. but unless she has a very good reason a cival judge will dismiss the case. she would ahve to be able to prove that something is wrong with the dog. and since there is no paperwork. she really has nothing to go on.
Eggroll Jenkins ™
2008-10-20 17:12:32 UTC
Why does she want her money back? Is it because the dog is a different breed than what you stated on craigslist? If so, then she can take you to court....if she just wants to give the dog back with no solid reason, I would say go ahead take me to court!
L.F.
2008-10-20 17:14:17 UTC
You made an agreement you should live up to it. You owe the woman and the dog better.



What does switching jobs have to do with anything? Most people who own a dog, have jobs.
Kenny
2008-10-20 17:13:35 UTC
well you did say you would take the dog back, why not just take her back and take thedog to humane society yourself, next time you say something like this it should be something along the lines of "if things are not working I will take the dog back within (blank amount of time) ", and it should not matter, two weeks is nothing, take it back and try to re-sell it, you don't sound like a responsible breeder though.
jen415
2008-10-20 17:15:11 UTC
She can take you to court, especially if you are in California or NY.



However since there is no proof she bought the dog from you, its easy to drop the case.



Also if the dog is NOT a certified breed with paperwork then there should be no reason , legally, she has to return the dog. Only certified dogs are held to any standards that would warant a return. Certified dogs can be "defective" a normal dog can NOT.



I say-screw her. But I am mean
2008-10-20 17:27:49 UTC
I believe you may be in the Wrong simply because, "you told her if things didn't work out you WOULD take the dog back."

Unless you gave her a time frame and didn't mention it in your Post.

You would feel better if you did the right thing, and sometimes that's

not easy, but Always the Best.

You gave your WORD...

God bless.
tallerfella
2008-10-20 17:16:41 UTC
Take the dog back. That fact that you have no paperwork is a moot point. ESPECIALLY since you have posted this here admitting you would take the dog back................
Zwinky Fan
2008-10-20 17:15:19 UTC
go to court but not those public courts just say i sold a dog and if things go rong give it back 2 me i switched jobs now and i cant take the dog back lie or something about y u cant take it back she wont no if u lied or not
ladystang
2008-10-20 19:42:53 UTC
boy, does any one you know trust you to do what you say you will. you told the woman you would take dog back. was any reason given for this? any other stipulations? take the dog back.
2008-10-20 17:15:04 UTC
No. But you sure are a miserable person, allowing a dog you owned to be euthanized, which will certainly happen at the animal shelter.
מימי
2008-10-20 17:11:04 UTC
No. If she bought it's really her problem. Although you shouldn't have offered to take it back if you were changing jobs in 2 weeks - you had to know your circumstances would change. As for getting her money back, if you offered to take the dog back, but never to give her the money back then she shouldn't expect to get it back.



Give some thought as to what you can do for this dog though because if he ends up in a shelter, there is a very good chance he will get killed. Maybe look for someone to adopt him.
?
2008-10-20 17:13:50 UTC
Why would you tell her you would take the dog back if you had no intentions of taking the dog back?



You verbally agreed to do something, so do it.
2008-10-20 17:11:51 UTC
I don't really think there is a court case here, no papers were signed.



But why did you say you would take the dog back....if you could not?
Raye
2008-10-20 17:11:18 UTC
What's wrong with the dog that she wants to give it back?
TrAtheist
2008-10-20 17:11:49 UTC
Why did you tell her you would take it back if you couldn't?

Luckily for you, there was no paperwork signed and dated.

Poor dog.
Cheko
2008-10-20 17:14:06 UTC
Verbal agreements do not hold up on court, especially if there were no witnesses. Your word against hers, so let her spend money on lawyers.
Angry Ginger
2008-10-20 17:11:17 UTC
Yes. You had a verbal agreement with her.
Mia Carlina
2008-10-20 17:12:29 UTC
yes...especially if you admit that you told her that you would take the dog back. In court, deny that you ever said that... LOL...
N3v3r Sh0ut N3v3r <3
2008-10-20 17:13:51 UTC
Tell them it's theirs and so tell em to screw off.And to take the dog to the pound.
2008-10-20 17:10:53 UTC
Go to court...
casey s
2008-10-20 17:14:10 UTC
he said she said that's what the Judge will think so don't worry and just don't talk to her any more
2008-10-20 17:11:27 UTC
No way, it's HER dog, her problem.
blonde08
2008-10-20 17:13:12 UTC
you lied, but theres nothing she can do
;)
2008-10-20 17:13:26 UTC
no she can't do that. she doesn't have any proof. so f*ck her.
2008-10-20 17:11:23 UTC
No she cannot (no evidence)
2008-10-20 17:11:01 UTC
tell this ***** to **** off.. she bought it... she can take it!


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