refusal to sign transfer papers

[thebraveone]

Rehomed one of my older dogs which was send interstate ( Qld to Vic) after a month they decided the dog was not for them ( came up with all sorts of behavioral issues which were incorrect) however the dog was put on tranport to be returned. I applied to have dog transferred back into my name and they refuse, stating I reneged on promise to refund ( I will always take a dog back dont buy back) and taking legal action. I was told by registry that the refusal to sign can be indefinite. Where does that leave me? I have send dog for assessment/evaluation to ensure that the dog has no behavioral issues and can be placed in another home, the person who's doing the evaluation has expressed interest in keeping the dog.

[~Anne~]

What a crappy situation.
 

Can you clarify what you mean by registry? Either way, if you have evidence they instigated the return of the dog, it’s your dog so ownership can’t be disputed. 
 

If you’re talking about a microchip registry, and you have evidence they have given back the dog, take the evidence to the registry to have the chip transferred back to you. 
 

If you’re referring to a purebred registry, I would think they could also transfer back with evidence, and if they don’t, it doesn’t matter unless the dog is to be bred from or shown. 
 

As for the refund, I’m in two minds. If the money was returned, the situation is diffused and you can close it off and chalk it up to experience. But then, if you don’t normally offer refunds and unless it’s a substantial amount of money, they’re likely to pay more out in fees fighting for you to give their money back than what they think they’re due anyway.

[Rebanne]

After only a month, as a breeder, I would have refunded the money, less costs of transport, on the return of all signed papers.

[DogsAndTheMob]

Honestly, I think there is room for compromise. The well-being of the dog should be the primary consideration and all parties should take some responsibility for the interstate sale of a dog without the purchasers first seeing the dog and assessing whether it will be a good fit for their home.

 

[The Spotted Devil]

Received a pup back after only 2 weeks. I refunded in full and paid for transport because I just wanted that puppy back with me. Yes I'm out of pocket (after all the vet tests to disprove their allegations) but I don't care. I have the puppy. I owe them nothing.

[Dogsfevr]

Our rehomes go on  trial  basis & its expected if the dog doesnt settle to be returned .The trial date is listed start to finish ,the have the right to vet check whilst there & it can be returned at anytime if it does not settle .
Paperwork stays in our name until the trial period has been completed & both parties are happy 
We also would refund the price less any obvious expenses that are clearly outlined in the sales contract .
If no obvious expenses then the full amount is refunded .

When you say you have sent dog off for evaluation do you mean to a dog trainer .
I truly feel for this dog that seems to have bore the brunt of some crappy decisions prior & now  by yourself & does sound a little lacking of empathy for how it settles in the future  remember this is a living creature not $$$$.



Personally i think your choice not to refund is a bad one & you may want to check consumer law on where things actually stand  & if your breeder learn about your responsibilities a bit more .
If you didnt factor in transport costs if the home didnt turn out then that is a lesson learned for yourself 



If your truly dog savvy then you would know that some dogs just arent the best fit for some homes especially when you  send them out of State ,sending the dog to a trainer to be assessed actually sends red flags for me & with the answer they actually want to keep it  ,

Just curious will you charge the trainer the same price to home this dog .

 

Edited April 20, 2023 by Dogsfevr

[JulesP]

I also think that in this case you should refund them their money, less your expenses. 

[_PL_]

Any reason you have the dog back but not refunding? As far as I know, consumer law means you refund if the 'item' is returned. 

[coneye]

Who paid for transport costs  for the return , are you selling the dog to the 2nd person , if they paid to return it  , GIVE them there money back ,  if the 2nd person is paying for the dog give them there money back .

 

Perhaps  you can get the 2nd person to  speak to them and come up with a price that suits both  , and let them do the deal between each other , from the sounds of it i  highly doubt  your giving it to the 2nd lot of people ,  otherwise you would of said ,  maybee you can elaborate on that part

[thebraveone]

By registery I mean the microchip registry, no I do not do refunds and if I was to in this case the cost of getting the dog transported ( including kennelfees due to no connecting transport because of where they dropped the dog off) were paid by me and just about 'ate' the refund. The microchip registery are aware that they handed the dog to the transport company for return. I might add that rehomed dogs go to their new homes desexed so the monies I charge are not for my pocket, it covers the vet fees, an online training course lifelong breeders support I'm not in it to make mony but by the same taken I dont want to be out of pocket either  :-) When I'm accused of lying and mistreating my animals now thats something I dont take lightly. I did not state that the dog was send to a trainer either, people jump to conclusions thinking its a good moneyspinner......

[Dogsfevr]

4 hours ago, thebraveone said:

By registery I mean the microchip registry, no I do not do refunds and if I was to in this case the cost of getting the dog transported ( including kennelfees due to no connecting transport because of where they dropped the dog off) were paid by me and just about 'ate' the refund. The microchip registery are aware that they handed the dog to the transport company for return. I might add that rehomed dogs go to their new homes desexed so the monies I charge are not for my pocket, it covers the vet fees, an online training course lifelong breeders support I'm not in it to make mony but by the same taken I dont want to be out of pocket either  :-) When I'm accused of lying and mistreating my animals now thats something I dont take lightly. I did not state that the dog was send to a trainer either, people jump to conclusions thinking its a good moneyspinner......

I have send dog for assessment/evaluation

Your words.
It sounds like your idea of what you say & what other people think is said is your problem & that you need to have a better form of communication /sales receipt/contract for both parties to fully understand prior to a sale especailly if sending out of state & knowing fully well the costs of transporting .
Having said that we dont get to wipe our hands of our responsibilities. & if we end up out of pocket then we suck it up .

The microchip papers would be easily solved by reading your State law/animal welfare act  on rehomed dogs of each state & the time frame of paperwork needing to be resigned to the person .

[~Anne~]

I hope you can get it sorted out. As I said, it’s likely to cost them a heap to take it through the courts so they may only be bluffing. 

[coneye]

Sounds like you have it all sorted then ,, You don't do refunds ,  payed  for the return  freight  and just about ate the refund , so whats left you'll keep anyway ,, what you charge for rehoming dog   you say   is ate up by  desexing fee ,,  plus online training course , whatever that is,  is it a u tube  subscription to teach a pup to sit,  an lifetime breeders support ,  thats not worth the money you pay , has demonstrated they got non .

 

Too be honest you don't sound like the sort of person who will sell dogs cheap ,  doubt  transport costs run into   more than you got paid for ther dog  whats left over  pays for  de sex  , dogs ok why does it  need a training course , I would guess your still making money ,

 

Be careful small claims court , you can represent yourself ,no lawyers even allowed ,...

  it will only cost a hundred dollars or so to get the ball rolling , then a trip down for the day of court , fair enough if  you have all recipts  from reputable   places with genuine charges   then that could be knocked off your payback costs , but there airfare  and costs could be added on ,  has long has it does'nt exceed the small claims court amount

 

You only need a magistrate to think you were being a smart ass and you will be out of pocket ,, price of dogs now a days i would summise  they would deserve  some money back , if you did'nt want to refund anyting , should of said NO RETURNS  not no refunds and then sell again ...  why do you have to get the dog desexed  before  2nd sale , why can't the new owner pay for that , after all  i would assume since youv'e been paid once  two full amounts is not your objective , or do you want two bites of the apple.

 

If i was a magistrate  , it would be simple ,  why did you feel the need to send an older dog to be assesed for issues , when only 4 weeks before  you sold it with no issues ,     why was'nt the desexing and issue  sorting all done before  it was sold the first time , Cmon  ,   pay the transport costs 50-50  give them the remainder back , no you've done the best you can it was an older dog probably did'nt liked being sold to strangers  and behaved different than with you ... just do the right thing share the transport costs and refund ,,, Then if you choose to sell it again be wary it may end up coming back   charge according

 

Thats if you can sell it to someone else being registered in there name , you both have each other by the proverbial  #$#'s bite the bullet and split   the difference ,  , after all you can't make them sign it back  you've not paid gfor it have you

Edited April 21, 2023 by coneye