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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor.
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I purchased a puppy from a breeder on 23/07/2016 Breeders

Customer Question

I purchased a puppy from a breeder on 23/07/2016
Breeders details: Val Beckett***** Douth Hiendly, South Yorks S72 9BY Contact details***********
I found out that I was allergic to the puppy so advertised her
on the 1/08/2016 Rose Gallagher Westvill, Dalmonach Road, Dunbartonshire G83 9AQ took the puppy (I line in Cumbria and Rose lives in Scotland)
1/8/2016 I contacted the breeder whom I purchased the puppy from ( Val Beckett) and explained that I was allergic and whom the puppy was with
The breeder informed me that I had signed a contract stating that the puppy must be returned to the breeder and can not be sold within 4 weeks of purchase
2/8/2016 and 3/8/2016 I contacted Rose Gallagher and asked for the puppy to be returned. I explained that I had made a terrible mistake. Any verbal contract we had was
null and void due to an existing contract with the breeder. No signed contract exists between myself and Rose Gallagher who is refusing to return the puppy. I sought legal advice and have been advised to report the puppy as stolen
The puppy is called Pebbles and is KC registered Maltese puppy and registered with the Kennel club and micro chipped in my name
Please can you clarify
can i report the puppy as stolen as no signed contract exists,
any verbal contract is void due to the existing contract with the breeder stating puppy can not be sold
The puppy is registered in my name and therefore still belongs to me and should legally be returned to me if I report her as stolen
Please can you give me the correct legislation to refer to
Submitted: 4 months ago.
Category: Law
Expert:  Ash replied 4 months ago.

Hello my name is ***** ***** I Will help you.

Just to be clear, you brought the puppy, but you want to report it as stolen?
I dont quite understand?
Alex

Customer: replied 4 months ago.
Please can you read my original question again
I found out that I was allergic to the puppy so advertised her
on the 1/08/2016 Rose Gallagher Westvill, Dalmonach Road,Dunbartonshire G83 9AQ took the puppy (I line in Cumbria and Rose lives in Scotland)
1/8/2016 I contacted the breeder whom I purchased the puppy from ( Val Beckett) and explained that I was allergic and whom the puppy was with
The breeder informed me that I had signed a contract stating that the puppy must be returned to the breeder and can not be sold within 4 weeks of purchase2/8/2016 and 3/8/2016 I contacted Rose Gallagher and asked for the puppy to be returned. I explained that I had made a terrible mistake. Any verbal contract we had was
null and void due to an existing contract with the breeder. No signed contract exists between myself and Rose Gallagher who is refusing to return the puppy. I sought legal advice and have been advised to report the puppy as stolenThe puppy is called Pebbles and is KC registered Maltese puppy and registered with the Kennel club and micro chipped in my namePlease can you clarify
can i report the puppy as stolen as no signed contract exists,
any verbal contract is void due to the existing contract with the breeder stating puppy can not be sold
The puppy is registered in my name and therefore still belongs to me and should legally be returned to me if I report her as stolen
Please can you give me the correct legislation to refer to
Expert:  JGM replied 4 months ago.

You can't report the puppy as stolen. It hasn't been stolen. You sold it on. Whoever gave you advice to report it as stolen shouldn't be in practice as a lawyer as that advice is ridiculous. The verbal contract with Rose is perfectly valid under Scots law. She is entitled to keep the puppy. The contract with the breeder is also perfectly valid. However you are in breach of that contract and the breeder could sue you for damages if the breeder can establish a loss arising from your breach of contract. There is no legislation to refer to here. All of the law on this is simple contract law. You have made a mistake but you can't simply unravel the verbal contract with Rose. Ownership of the puppy now rests with her irrespective of the KC paperwork. In fact you may be in breach of the contract with Rose by not procuring a transfer of that paperwork following the sale. Happy to discuss further. In the meantime I hope that gives you some indication of the law of contract here. Please leave a positive rating so that I am credited for my time.

Customer: replied 4 months ago.
is there anyway there is a cooling off period with a verbal sale. I contacted the persons who have the puppy within 24 hrs to let them know i was not aware i was unable to pass the puppy on. The breeder has contacted them and confirmed this.
Expert:  JGM replied 4 months ago.

No, there is no cooling off period in contacts like this. Only certain consumer credit, financial services or HP purchases are subject to cooling off and in any event that right is extended to the buyer only, not the seller.

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