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

jrtfan

catkins wrote: »

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

antrobus wrote:

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.

Could the breeder insist on having the dog returned to them though, even though the OP is blameless in this situation?

elsien

When you say the breeder is saying he wants him back, has the breeder contacted you directly? Verbally or in writing? Or is this a second hand message from the first owner?

It may be that the breeder just wants to check that the dog is ok and has been rehomed to someone who's going to take proper care of him. In which case, reassuring them of that may be the quicker and easier option.

hollydays

jrtfan wrote: »

Could the breeder insist on having the dog returned to them though, even though the OP is blameless in this situation?

One imagines they would need to take that to court to enforce it, sounds impossible .
How can they demand you hand it over?

donnac2558

My take on this is, the breeder is trying to stop people buying a dog and then just selling it off on Gumtree. A good breeder will vet and get a feel of the person they are selling to. This breeder does not know you, the dog could be used for breeding or beaten etc.

What I would do is get the phone number of the breeder, have a chat with them. Invite them to come and see how loved and happy your dog is.

silver07

Hi, thank you for your reply's, we have spoke to him and we where just getting a vibe he feels like he belongs to him, as he stated, he technically belongs to me, among other salesman sounding conversation. We have booked him in to get neutered now as we wont be able to breed him due to endorsements, and hopefully he wont be worth the effort for the breeder to put up a fight for him as he wont gain anything. i have been advised also to speak to citizens advice, which could be useful on determining how legal the "contract" is. But no way we are letting our boy go, take us to court if he wants, we will throw everything at it to keep him. Thanks again guys, minds at ease a bit more now.

Money_saving_maniac

silver07 wrote: »

Hi, thank you for your reply's, we have spoke to him and we where just getting a vibe he feels like he belongs to him, as he stated, he technically belongs to me, among other salesman sounding conversation. We have booked him in to get neutered now as we wont be able to breed him due to endorsements, and hopefully he wont be worth the effort for the breeder to put up a fight for him as he wont gain anything. i have been advised also to speak to citizens advice, which could be useful on determining how legal the "contract" is. But no way we are letting our boy go, take us to court if he wants, we will throw everything at it to keep him. Thanks again guys, minds at ease a bit more now.

Don't worry, even the breeder has acknowledged that the dog is yours and he has no right to it.