I took a dog back that I bred and rehomed him.  The deal was that they could have him on the understanding that they made a donation to rescue.  They gave me a cheque for rescue funds and it bounced.  They then said that they had sent another one but it hasnt arrived.  I had e mail other day from them saying that he was snapping at the family so I mailed back saying I would have him back. I havent heard anything since?  He is in my name and I have all the paperwork and even his vacc card is in my name... my question is do I have a legal leg to stand on if I claim the dog back?

I believe you do, unless they signed a contract. If they didnt i would advise you to draw up a re-home contract to cover you if this ever happens again.
I would contact them and tell them that if the dog is not returned to you within 5 days you will be seeking legal advice and will take action to retrieve the dog. If he is snapping and he was fine while with you it makes me wonder what they have done to upset him.
I had someone pay me for a pup by cheque and it bounced, i actually went to their house and collected the pup myself.
I think a strongly worded email threat would get him back.

Hi Weims,

I'm assuming that you have nothing in writing between yourself and these new "owners"?  Even so, on the plus side you will have a record of the bounced cheque (or at least the bank will).

I'd go round and see them - taking the positive (but amicable) approach that you have come to take him back as he's obviously not settled etc.  Hopefully things will go well ;)

Should you not find them to be reasonable with you, I'd then probably seek advice from the CAB (free) or a solicitor (probably not so free :P )  Have to say a softly, softly approach is what I'd personally recommend .....

HTH, and I wish you every luck,

Teri :)

They have broken a verbal contract which is just as legal as a written one

as Terri says try the nice approach first :)

The fact that the cheque bounced breaks the contract!

Good luck - hope that things work out ok and that you find the dog the forever home it needs.

Margot

>They have broken a verbal contract which is just as legal as a written one

Not that I generally comment on these kind of threads, but I just had to address this point.  I'm afraid it's not!  Whilst I can't comment fully on English Law, I do just have to point out that depending on the nature of such a verbal contract, these can come under the banner of "unenforceable contracts".  Remember, all contracts are agreements but not all agreements are contracts!

Very good point :(

Teri

I send have contracts for every eventuality when it comes to my dogs. I have been done over three times now and it made me very edgy with people comming to see the dogs for whatever reason.
One of the occasions i ended up sending out a soliciters letter threatening legal action. Did the trick! lol

Better to be safe :)

Hi thedark,

As Isabel has pointed out, contracts between breeders and purchasers - however well worded - are not necessarily valid in the eyes of the law :( 

OK, so perhaps many, even most purchasers will not realise whether or not as the breeder you have some control over them because of a few sheets of "conditions" that they agreed to sign when collecting their puppy - but there are always some folk who will push their luck and are probably so used to dealing with lawyers letters that they're not in the least intimidated by them :P

Regards, Teri

I am yet to meet one of these people, fortunately. It goes to show, however well you vet poeple they can always do you over. Its sad really, we go to such lengths to try and ensure a loving and reaponsible home for our pups and any dogs returned later in life but we cannot be 100% sure.

I definately think they are worth doing though :)  I see them as a way of spelling out exactly what I expect of them and what they can expect of me or the puppy, if you have chosen the purchasers as carefully as you can I think it covers it in the best way possible.  I always make of point of stressing that the clause about returning the puppy to me is very much the easiest thing for them to do and is as much in their interest as the puppies and hope the idea stays firmly in their minds :)

I had one family tell me they were selling one of my dogs after 18 months, telling me they wanted £400 for her and they were just phoning to give me first refusal!!!!
I wasn't best pleased and told them to leave it with me and i would find a suitable home.
Sometimes the "returns promise" isn't exactly along the lines the owners are thinking.

thedark, my contracts spell out exactly what the financial arrangements would be if a dog was returned.  In my contract that happens to indicate no profit will be made by me on a sale, only reasonable expenses, advertising etc, any remaining money will go to the returners.  I'm sure these things run more smoothly when all is clear from the beginning.

Hi Isabel,

I totally agree (honest :P )  I wasn't advocating that breeders should let this put them off using contracts, merely that we have to be realistic about what weight they have.  I did a lot of research and work with other breeders that I respect before wording my own and like you my main stress with the new owners was that I'd always be around for them throughout their pup's lifetime and be happy to take the dog back at any stage should their circumstances change.  If put well, (and with a little help from "the Man upstairs") then hopefully should the need ever arise we will aways be contacted to arrange return of puppies bred - whether their age be in weeks, months or years.

Teri :)

I know you weren't Teri :) I just have a habit of thinking of other things to add to my previous posts.

If you own the KC paper work and there's no contract whats to say they didn't take him from you?  OK I'm not saying they did or you should say that but you are standing on all 4 paws having him in your name!  You can go and take him back, maybe phone the owners and talk to them, with e-mails, they might not have read it so phone them and talk to them.  If the dog is really snapping I'm sure he will be coming back to you quickly

I do use puppy sales contracts because I think they are a good starting point for any dispute but I understand in law they have no great weight.  A dog is just a commodity in the eyes of the law and is the possession of whoever bought it with no residuals rights being left to the previous owner.  In this case though as the agreed payment, whoever was going to receive it, has not been received so the dog, I would say, does not belong to the new people.  They cannot deny the arrangement as the cheque is evidence that they understood what was asked of them.

I have no idea where you stand I just wanted to say good luck and I hope everything works out for the best.
Mary

hi,this very same thing happened to me approx ten years ago,i had all paperwork and the new owners cancelled their cheque,i went to police who accompanied me to their house and they had to hand her back to me there and then,hope this helps
louzola

Thanks everyone, you've given me hope.  I will ring and try the softly softly approach

This is probaly not of much help but the breeder who bred my dog first sold it to a nice loving family(or so she thought) the breeder heard through the grapevine that one of the sons was abusing this dog,after confirming this for sure she marched over to their house,just about knocked the door down when the owner answered,walked through their house,scooped up the dog and walked out after saying a few choice words,the breeder was never contacted by this family as they KNEW they were in the WRONG!! I'm not saying you should do this,but if the dog is being mistreated,which could be why he's snapping(what other reason could there be) then you have every right to take him back,it sounds like "in the eyes of the law" he is your dog anyway as you have all the relevant paperwork and he's just on loan to these people???

I would also advise the softly,nicely approach first :)