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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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After the recent birth of our Son and a particularly troubled

Customer Question

After the recent birth of our Son and a particularly troubled week I convinced my partner that our pet Dog must be found a new home.
We have had Stan for a year and although tricky he is part of the family.
After lots of convincing I reluctantly put Stan up for adoption and found him a new home.
The couple witnessed my partners extreme grief at the sale and took the dog. 3 hours later we contacted the new owners by email and requested the sale was voided as we had made a mistake.
They claimed they had actually felt like they had stolen a dog and although disappointed would return him the following evening.
This morning they changed there mind informed us they are keeping Stan, having given us sufficient chance to say no! Now they will not reply to email.
Can you please tell us where we stand
Claire and Ian
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am really sorry but I'm afraid there is nothing that can be done.
You sold him. Come what may, you sold him. You cannot change your mind. When you enter a sale you are entering into a contract and you are bound.
The probably took legal advice and realised that they didn't have to comply and they do not.
I'm very sorry but you have no claim at all.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Even if they agreed in writing to return the dog? What if the dog was not mine to sell and I displayed undue influence over my partner to give up his dog.
Expert:  Jo C. replied 1 year ago.
Yes. Their agreement wasn't part of a contract.
This isn't undue influence. He agreed to the sale.
You might have put pressure on him as he clearly would not have done it otherwise but that doesn't make it undue influence.
I'm really sorry but you cannot change your mind once you have rehomed a dog. There is no basis in law to do so and also it is not good for the dogs which is something a Judge would consider if he he won't refer to it in court.
Customer: replied 1 year ago.
So we should give up as there is nothing we can do?
The original advert stated the £100 was in exchange for Stans things, not for Stan.
There is no evidence that Ian was complicit in this arrangement and there is no question that the dog had a wonderful life with us. He is just vocal when left alone but Ian has agreed to a walker for those times.
Expert:  Jo C. replied 1 year ago.
Thank you.
You have left a negative rating. I will be happy to continue with this if that was a mistake.
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 1 year ago.
There is evidence that he was complicit. He was there.
Anyway, the right course of action would have been to complain to the police about you for theft.
I'm really sorry but this is no more than that he is regretting a rehoming which I understand but it is not actionable.