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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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I rehomed my dog last week. At the time the buyer knew i

Customer Question

I rehomed my dog last week.
At the time the buyer knew i was unsure as to whether I had done the right thing.
She promised to return the dog if I changed my mind.
I changed my mind almost immediately, the buyer said he could be bought back. She is now refusing to return him, saying he's too settled.
Is there any point in me pursuing this?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you. Am I right in thinking no money changed hands?
If so I don't think there will be anything you can do to get your dog back.
Customer: replied 2 years ago.

money was exchanged - £640

Expert:  LondonlawyerJ replied 2 years ago.
So you sold your dog. If you want it back this would then come down to a question of whether the possibility of return was a terms of the sale contract. If the buyer simply knew that you might change your mine and unilaterally said she would return the dog if you wanted it back then this is unlikely to be an enforceable term of the contract.
I think even if you said you reserved the right to the return of the dog in representations before sale it is unlikely a court would enforce the term. Was the contract in writing? If not it can be very difficult to prove anything beyond the basic sale.
I think, even if the contract was in writing and included your right to cancel the sale it would be impractical to enforce. You would have to issue court proceedings in the County Court seeking an order for return of the dog. This would take months and cost thousands of pounds and you might well not succeed at the end.
I am sorry to give you this answer as it is not what you were hoping for but I have a duty to give you a straight answer and not raise false hopes.