Legal Question in Civil Litigation in California
I have an 11 month old Italian Mastiff that I purchased from a breeder as a pet for my family, when the puppy was 6 weeks old. I live in California and the puppy was in Arizona. A few days before we left to pick the puppy up the breeder called and asked us if he could keep the breeding rights to the puppy. We didn't really think anything of it and said yes. The breeder wrote up a contract and we signed it. Our puppy contracted parvo after bringing him home and survived. He now has what is called "cherry eye" in both eyes, which has to be surgically removed. He is extremely hyper and when we take him to the dog park to be socialized other dog owners end up leaving b/c our dog is playing a little big aggressively. He is still just a puppy and we want to make sure we keep socializing him but since he is unaltered he comes across as aggressive to other dog owners.
When the puppy was a few months younger we emailed the breeder and expressed our concern about getting him neutered. The vet suggested it as well as our trainer. We emailed the breeder and asked if we could get him neutered b/c first and foremost we bought him as a pet and our family cannot enjoy him b/c he is so hyper all the time. We also expressed concern of his past health issues and the breeder shouldn't want to breed him if he has had parvo and cherry eye. The breeder replied that we were trying to skirt our responsibilities that we signed in the contract and that we weren't taking care of our dog and that is why he got parvo. He said we could not get him neutered.
This dog was purchased as a pet. We would like to be able to take him to the dog park and let him run. We want to take him to doggy daycare but they won't accept unaltered dogs. We also want him to be a good family pet. He is a lovey dog but we cannot enjoy him fully until he settles down.
The breeder is an egotistical cop and I am afraid if I break the contract and get him neutered he is going to act out in some crazy form of recourse. If he does sue me for breaking the contract what does he have the right to? Can he get money from my bank account? Can he force me to give the dog back? Can he put a lien on my house?
All I want to do is have a family pet like we originally intended.
Thank you for your time.
1 Answer from Attorneys
First question is wasn't your dog vaccinated and didn't you keep your dog away from public places where he could get parvo until he had all his shots. If not then it maybe was your fault that he got parvo. As to the neutering it depends on what your agreement says but if you consider the safety of your family then neutering would be a justifiable excuse to break the contract. by the way did he offer you any money or a discount for the breeding rights? If not then the contract might be invalid for what we attorney's call lack of consideration. Next he can't do anything to any of your assets until and unless he gets a judgment against you first which means he has to sue you and prove his case. If he is making these threats or any other you should tell him you will report him to his internal affairs department. Just because he is a cop doesn't entitle him to be a bully.
The responsible thing to do is have your dog neutered so he doesn�t become a danger to your family or anyone else or that matter. Remember in California you are strictly liable to anyone he bites. Again given his size, our laws and the potential he has for being aggressive if not neutered do you want to take that chance?
Hope that helps and good luck.
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