Dog sold to us by owner, but original breeder wants him back

silver07

Hi, i brought a dog 2 and a half years ago off the owners, but the original breeder has found out, and he had the people we brought our dog from sign a document saying he would get returned to breeder if ever they didn't want him, now the breeder is saying we don't own the dog and he wants him back. Is the document legally binding and does that therefore mean he isn't ours and have the power to take him back? Thanks in advanced.

Rev

I've no idea but I suggest you seek some proper legal advice.

Most good breeders do put a clause in the contract stating that should the owner no longer want the puppy then it is to be returned to the breeder. The original owner will have signed a contract to this effect.

How enforceable that contract is I have no idea but people don't draw up contracts and sign them for fun. So I would suggest you get some proper advice from a solicitor ASAP as nobody here will know.

krlyr

Contracts do have to be reasonable..just because the owner has signed something, doesn't mean it's enforceable. Pets are considered property, and it could be deemed unreasonable for someone to not have full control over their property (e.g. it's unlikely a car garage could say "You must give me back your car instead of reselling it")

I would perhaps give the company Doglaw a call, they specialise in dog-related law, and do deal with issues like custody/ownership battles. You pay by the minute for your phone call, so probably worth getting all the details written down and bulletpoint the questions you want to ask, so you can get clear answers without having to keep phoning back.

jrtfan

I agree with Rev that you should take advice from a Solicitor on this. When we adopted a Greyhound from the Retired Greyhound Trust, the paperwork we signed included an agreement to return the dog to them if ever we found ourselves in the position of having to give it up (he's since passed away). The RGT - or a similar, reputable rehoming charity - might be able to give you some idea of how binding these things are, although I suspect a lot will depend on how various contracts have been worded. A legal professional would be your only safe option, imho.

The law has changed slightly regarding owners and registered keepers too, I believe, with the introduction of compulsory microchipping last month. So if I were you, I'd also double-check with PetLog that your dog's microchip details are fully up to date at this point in time - unless you're certain about this already, of course.

Good luck.

Artytarty

Have you had your dog neutered? That may swing things in your favour as he will be of no use to the breeder and he won't be concerned about you breeding from him either.
This is a horrible situation to be in .please let us know how it goes for you.

ripplyuk

You could speak to a solicitor to be sure, but if it was me, I wouldn't be too worried. The contract was between the breeder and the people you bought the dog from. If they take legal action, I assume this would be between those parties, not the breeder and you.

You've had the dog a long time so I seriously doubt any judge is going to insist you return him. It's possible the people who sold you the dog would have to pay some sort of compensation to the breeder.

hollydays

silver07 wrote: »

Hi, i brought a dog 2 and a half years ago off the owners, but the original breeder has found out, and he had the people we brought our dog from sign a document saying he would get returned to breeder if ever they didn't want him, now the breeder is saying we don't own the dog and he wants him back. Is the document legally binding and does that therefore mean he isn't ours and have the power to take him back? Thanks in advanced.

How soon after the original owner bought it, did you buy it?
The kennel club put a statement in their contract about rehoming, it's just that you say you agree to offer the dog back to the breeder for rehoming, I doubt it's legally enforceable. Im no legal expert but you bought the dog in good faith and presumably.......are taking good care of it??
Breeders do this to try to make sure their dog isn't sent to an unsuitable home I guess, it's not necessarily about breeding, it's what caring owners do.
Have you actually seen this " document"?

teddysmum

Some good breeders are concerned about the welfare of animals they breed and don't want them falling into unscrupulous hands (especially those of puppy farmers), so perhaps meeting the breeder and letting them see that the dog is happy with you will resolve matters.


I think the signing to return to a rescue may be binding as some rescues don't consider the animal to be owned by the adopting party (as they gave a donation and didn't purchase), but they are willing to negotiate if an alternative good home is found, so I think this breeder could well do the same.

catkins

teddysmum wrote: »

I think the signing to return to a rescue may be binding as some rescues don't consider the animal to be owned by the adopting party (as they gave a donation and didn't purchase), but they are willing to negotiate if an alternative good home is found, so I think this breeder could well do the same.

I have a friend who runs a rescue for dogs. She gets new owners to sign that they will give the dog back to her if any problems.

Recently she heard from a couple that had adopted one of her dogs that they had had him put to sleep (he was only 3 years old). I don't want to go into details but it was not for health reasons. My friend was angry and very upset as they never told her there was any problem.

She got on to a solicitor that specialises in dog law and they said that a contract from a rescue is not binding in any way

tiger_eyes

If the previous owner signed and then broke a contract with the breeder, the previous owner may have a problem. Not you.

antrobus

tiger_eyes wrote: »

If the previous owner signed and then broke a contract with the breeder, the previous owner may have a problem. Not you.

Would be my conclusion as well.

There is no contract between the OP and the original breeder. Therefore the breeder has no basis for any legal action against the OP. They could indeed sue the original purchaser for breach of contract, but exactly what for I'm not sure, since they won't be able to show a financial loss.