Legal Question in Civil Litigation in Indiana
Pet Contract
Just over a year ago I purchased a puppy. I bought her from a breeder and took my dog home and she was my best friend for a year. Then with my job and apartment living, I was forced to find her a new home because I couldn't take care of her as she needed. It was my fault for not reading the contract that I signed at purchase very well, but the breeder is now coming after me for a penalty fee because I did not give her the first opportunity to take the puppy back. My only recourse is that the contract says 'the breeder reserves the right to first buy-back option or refusal if this puppy is resold''. I didn't ''resell'' the puppy, I simply found her a home that could take care of her, there was no money involved. Do I have a legal leg to stand on? It was hard enough to have to give up my best friend in the first place.
3 Answers from Attorneys
Re: Pet Contract
A thin, wobbly leg. I assume that the contract does not define resell.
Re: Pet Contract
I think you have a complete defense. The breeder's interest is in the commercial sale of a product and maintaining the breeder's reputation for commercial purposes. So if the contract states that the option is in the event of reselling, and does not mention any restriction for gifts, then you win. Explain this reasoning to the breeder. Good luck.
Re: Pet Contract
I agree with Mr. DuMond. However, you might consider asking the person to whom you gave your puppy to return the dog to you. Explan the circumstances. Perhaps the person will understand and then you can let the BReeder buy the puppy back. You can even offer to let the person you gave the dog to keep the money. This may resolve your problem if that person is willng to work with you.
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