My question involves a consumer law issue in the State of: California
Details:
-Put down $1,000 deposit for show puppy over a year ago with a breeder in California
-Seller had 1 breeding that didn't take, 2nd breeding 6 months later produced 1 dog, which we wanted. We proceeded to give the seller the other $1,500 for the animal with the understanding we would pick the dog up at 12 weeks
-Seller sent contract stating we had purchased the animal. Seller provided an endless stream of text messages and emails with pictures of the dog claiming it was ours.
-Seller contacted me today to state she was no longer giving me the dog because of seller's "medical issues". In truth, seller simply doesn't want to give up the dog because the dog has turned out better than she expected, and she anticipates turning it into a very profitable show dog
-I (buyer) offered various remedies, including assisting seller with a future breeding of her existing dog while she's recovering from shoulder surgery or pick of litter should we ever decide to breed the dog.
-Seller was not willing to come to a compromise, and claims she can simply wash her hands of us by sending us back the $2,500, $1000 of which she's had for over a year and $1,500 of which she's had for 2 months
I have a contract that says the dog is mine, god knows how many text messages affirming the dog is mine. I've paid for the dog in full. I want the dog. I've been waiting over 3 years for this animal and turned down numerous other opportunities for a fur baby explicitly to work with this breeder, which I now understand to be a monumental mistake.
My question is, do I have legal remedy to get an injunction or to force the seller to give me the dog? I understand in the eyes of the law, a dog is considered property, and by that metric, the property belongs to me but is merely under the seller's present stewardship. I don't care about the money, I was interested in getting into showing. There's an obvious breach of contract issue at play here, but I want to make sure my remedies aren't merely monetary (especially since damages are almost impossible to calculate given the future worth of the dog) and I can demand my property be given to me before pushing this matter.
Details:
-Put down $1,000 deposit for show puppy over a year ago with a breeder in California
-Seller had 1 breeding that didn't take, 2nd breeding 6 months later produced 1 dog, which we wanted. We proceeded to give the seller the other $1,500 for the animal with the understanding we would pick the dog up at 12 weeks
-Seller sent contract stating we had purchased the animal. Seller provided an endless stream of text messages and emails with pictures of the dog claiming it was ours.
-Seller contacted me today to state she was no longer giving me the dog because of seller's "medical issues". In truth, seller simply doesn't want to give up the dog because the dog has turned out better than she expected, and she anticipates turning it into a very profitable show dog
-I (buyer) offered various remedies, including assisting seller with a future breeding of her existing dog while she's recovering from shoulder surgery or pick of litter should we ever decide to breed the dog.
-Seller was not willing to come to a compromise, and claims she can simply wash her hands of us by sending us back the $2,500, $1000 of which she's had for over a year and $1,500 of which she's had for 2 months
I have a contract that says the dog is mine, god knows how many text messages affirming the dog is mine. I've paid for the dog in full. I want the dog. I've been waiting over 3 years for this animal and turned down numerous other opportunities for a fur baby explicitly to work with this breeder, which I now understand to be a monumental mistake.
My question is, do I have legal remedy to get an injunction or to force the seller to give me the dog? I understand in the eyes of the law, a dog is considered property, and by that metric, the property belongs to me but is merely under the seller's present stewardship. I don't care about the money, I was interested in getting into showing. There's an obvious breach of contract issue at play here, but I want to make sure my remedies aren't merely monetary (especially since damages are almost impossible to calculate given the future worth of the dog) and I can demand my property be given to me before pushing this matter.
Purchased Show Dog from Seller, They Want to Renege. Options
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