Legalities of NI Sale Discussions

I can only do my best! But thank you for your support!

Hi!

Well you have my support on this one too! Speaking as a breeder, I was furious when a lady rang me a few years ago to tell me that a dog I hadn't sold to her had an apparant neuroligical condition (was proven untrue). It turned out the dog had been sold to her by his original owners when their marriage collapsed. I had told them, as I tell EVERY puppy buyer, I am happy to take back a dog at whatever age and for whatever reason, but they sold him without even consulting me!

Have to agree with the others, seek professional advice from the CA, however if he has returned your deposit cheque along with a letter I am not sure where you go from here. Personnally I feel this is between him and the breeder, if she can regain ownership of the dog then maybe you can home her?

This is a very unfortunate state of affairs, I too could not oust a dog in favour of a baby, many of my own dogs were here well before my children and they co-exist wonderfully, I shall watch this thread with interest.

Thinking of you....................

I can answer this one as I was at a case where someone took a deposit then refused to sell the dog. You can sue for expenses...my friend did and he was paid both the money for another dog and expenses. The woman who took the deposit...it is a binding contract...was fined 2000 pounds.

if you have a written contract stating the terms of sale ie the deposit you had paid and the agreement of the outstanding payments, it is legally binding.
the fact you paid and they accepted the 80 deposit shows you was both in aggreement re sale of goods/dog.
i don't think you can force the sale even though they have gone back on the contract on thier side but you can claim expenses refund etc you have paid due to the agreement not going through.
although that doesn't help her and you get together.
you could tell them you have a case and getting advice etc which may be a bit under hand but it might be enough for them to see it through, cause took to court they haven't got a leg to stand on and would end up worse off than the 80 quid gained.
if push came to shove you may get asked if you want a refund or want to carry on with the purchase as originally agreed.

The fact that you have had your deposit returned would appear to complicate matters??

it does but all it really shows is that they have broke the agreement and that the deposit was paid at the time. although it means you can't state fraud etc as it hasn't been cashed.

In this case then maybe they'd rather part with the dog than have to go through all this? Here's hoping.

Leo's right. The dude sounds like a right idiot, shame he is the owner of the dog.

At the end of the day..if breeders took better care as to where they placed their puppies this sort of thing could be avoided. Yes I know it does go wrong sometimes, but a little extra care goes a long way.

Very true. I also think any breeder who will only take back dogs able to live in kennels is not really fulfilling their moral obligation to rehome whenever necessary after all many pets will live in the home.
I think dogs are pretty adaptable anyway and as this dog had already stayed with them in kennels for a holiday without problems that excuse seems particularly lame to me.

Yes of course it is nonsence, I would happily without question take back any pup I have bred no matter what age, no matter what problems it caused for us. That is called being a responsible breeder.

She did want to take her back but was worried about the dog as the NI breed get so attached to there Humans that they can pine badly if let alone. I'm not sure if any of you non NI owners know how dependant they get on there people and other dogs in thier pack?

I have found our breeder to be very good and she has re-homed dogs before for people who's arrangements have changed.
If it was me i would now not allow people who have not had there families yet to own one, but you can only vet so much, often people only let you see what they want you to see!!!!!

I am a first time N.I owner, and haven't found my 2 different from any other dog I have had with regards to companionship.

I have Irish Wolfhounds the biggest babies in the world and I still insist that for any reason if they cannot be cared for properly I will without question take them back....there is no excuse, she is responsible as the breeder and she should have taken the dog back. If she didn't want to have that responsibility then she should have thought about that before she bred.
You cannot discriminate against prospective parents, what needs to be done is a thorough check on home and family, get to know the people and put them on a waiting list then when puppies come along you know the people who are taking on one of your babies.

Going back to the original questions, If anyone knows any legal folk I would be grateful if someone could tell me if i should see a solicitor or just give it up?

Please be careful to check the sorce if you are offered a Northern Inuit bitch that is 2.5yrs old and has the pet name of Gia, also spayed and looks half white with the only colour on her back and sides. Also from the Northampton/Bedford area, Thanks to all of you have given useful advise!!!

it depend how far you want to take it.
at the end of the day its a civil case which can drag on for months.
i would seek advice from the cab before it costs you any cash to take it to court.
unless you have all the evidence you need to show whats happened etc and your case is strong,you could end up with the cost if you lose.
its only you who can proceed if you choose too.

I agree with this, once you have a deposit down and a bill of sale I don't think he's allowed to "change his mind", at the very least he owes you your deposit back, and you could probably sue for your time and the money you spent getting there and back. The fear of small claims court might scare him into giving you your dog.

I know this isn't relevant to your case Runningcloud but I just wanted to say that sometimes things happen.

I had to give up my beloved Utonagan a year ago. He developed severe separation anxiety and I already had 2 small children and was pregnant with my 3rd and the stress was too much for me. I couldn't go out the house and leave him. He needed some one to give him the time and attention he deserved and who could devote their time to training him to be left, something I couldn't do. So I made the heartbreaking decision to have him rehomed as it was best for him. I have missed him everyday since and not a day goes past when I don't regret what I did and I wish I could have done more for him and if I could turn back time I would.

Sometime's a dog can't be for life and you must put their welfare before your own, and yes had I known I was going to have another baby then I wouldn't have bought a puppy but thing's don't always work out as you planned.

Sorry for the long ramble but I get upset when people make harsh judgements on peolpe's decision's to have their dog rehomed.

Oh Dixiechick that's a sad story. I'm so sorry. It must have taken so much out of you to give up your loved dog - Loki tries my patience sometimes and I'm sure people look at us in astonishment when they see me going out with my baby in a back carrier and Loki straining at the leash ... but to part with him ...? I'd pine for his silly fur-face far too much so I can see how hard your decision was. I'm sure you did the right thing for him.
HUGS!
xxxxx

sorry to hear this too dixiechick. What bloodline was he from? If you have withdrawal symptoms and you are ever near Bolton come over and have a fix off my 2