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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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/Madam, My fiancee has recently purchased a guard

Resolved Question:

Dear Sir/Madam,
My fiancee has recently purchased a guard dog from a breeder and signed an agreement which I would like your advice on how enforceable it is?
The dog has been with us ~6 weeks but due to her 'high drive' and 'aggression' to 'invited house visitors' we've agreed the dog is not for us and we want to find her a new home and re-coup our investment of £2,000.
As a side matter, she has been identified by a professional dog trainer as having 'fear aggression' which does not make her an ideal guard dog and may result in her biting one of our guests e.g. the house-keeper.
The breeder has said they will not provide a refund (none expected unless their is a legal recourse) but as per the agreement she needs to be sent back to them to sell on.
We would prefer to sell her ourselves and find a good home for her.
A copy of the agreement is enclosed :
"SUSSEXWOLVES KENNELS
GP SECURITY DOGS, TRAINERS, BREEDERS and IMPORTERS of POHRANICNI STRAZE BLOODLINE GSD's
kennel club reg NO..(###) ###-####
HEDGE-ROWS Shrub Lane, Burwash EAST SUSSEX, TN19-7EB
Payment date Sunday 30/112014
Recieved the balance of £1,000.00 to make full payment for Cidney at £1,500.00, a Semi-long haired black sable female, Daughter of Dag and Elsie. You are signing to agree on this day Sunday 30th of november 2014 that if for any reason you can not keep Cid, and need to re-home her, she has to be retuned back to the kennels and we will vet and monitor prospective buyers on your behalf. She is not to be sold to a third party for profit gain or breeding. I understand that i need to get first and second vaccination done with my vets. Also Cid, is sold without kennel club papers as she has never been registered. Cidney has been with us since she was born, and is in first class health an condition.
An extra payment of £45 for a pinch collar will also be added to final payment making it £1,045.00 in Total."
Please advise.
Thanks, Richard
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did you understand what you were signing, ie they would get first refusal?

Alex Watts :

If you did sell, would this breeder ever, in reality find out?

Customer:

Hi Alex,

Customer:

My fiancee did understand what she was signing but in typical fashion wasn't expecting this to be an issue.

Customer:

Foolishly, my fiancee has contacted the breeder to advise she is not happy with the dog

Customer:

Hence the breeder is evoking the agreement.

Alex Watts :

Oh I see.

Alex Watts :

Would the breeder give the £2000 back as part of the agreement?

Customer:

They will give us the sale proceeds less boarding fee's, etc. i.e. if they do not find her a new owner in the short-term there could be no funds remaining.

Alex Watts : Ok. There is a contract clearly but the terms seem very unfair.
Alex Watts : Surely it's your dog you can do what you want with it?
Alex Watts : you can challenge the terms
Alex Watts : Unfair Terms in Consumer Contracts Regulations 1999 States
Alex Watts : Regulation 5(1)[n 3] defines the principle of unfair as If a contractual term has not been individually negotiated and, the term causes significant imbalance in the parties rights and obligations, thenthe term is contrary to the requirement of good faith.
Alex Watts : "Has not been individually negotiated" encompasses terms of which the consumer has not had the opportunity to mould. Terms that have been individually negotiated are outside this regulation, while other contract terms may be within the regulation
Alex Watts : Therefore you could argue it is unfair if you are pursued.
Alex Watts : But I would do what you want anyway and sell the dog, if the seller tries to pursue you, any claim can be defended on the above basis.
Alex Watts : can I clairfy anything for you about this today please?
Customer: Thanks Alex. That was my thinking that while a signed agreement is in place the terms are unfair and hence unenforceable.
Alex Watts : I agree. Can I clarify anything else for you?
Customer:

Many thanks Alex for your help. All the best, Richard

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