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YorkieTalk.com Forums - Yorkshire Terrier Community (https://www.yorkietalk.com/forums/index.php)

- General Yorkshire Terrier Discussion (https://www.yorkietalk.com/forums/general-yorkshire-terrier-discussion/)

- - Former owner wants him back (https://www.yorkietalk.com/forums/general-yorkshire-terrier-discussion/154496-former-owner-wants-him-back.html)

MauiGirl

12-05-2008 10:14 AM

How old is this dog, and how long has she had him? I don't think you should have to pay for him & his previous vet bills, unless he is very young (which I doubt if he needs dental, or is that for extraction of baby teeth?). Press the owner about the dental expense, and that this is just one of many costs of owning a pet.

Without ownership, you are in a position of a pet sitter, and you are entitled to compensation for that. Keep a log of what you have done for the dog, time & expenses, etc., because if she does somehow try to take him back you will have a more valid claim to either the dog or adequate compensation for care due to her failure to perform based on a verbal contract. Try to get something in writing from her, an email or anything that indicates her original intent to sell him to you. If anyone else in your office witnessed your agreement, be prepared to get a statement from them.

Have you thought that she might also change her mind about moving, and that you could end up stuck in the same office with her? Be careful, she sounds kinda wishy-washy.

Hope you get to keep this dog, for the sake of the dog, but don't let the owner take advantage of you financially or emotionally either.

Nancy1999

12-05-2008 10:14 AM

Quote:

Originally Posted by Yorkiekids (Post 2362014)

I think what you did was enter into an oral contract which would stand up in court. They would of course make you pay for the dog, but atleast you'd have him. It must be very hard with the person working with you.

There was an oral agreement, but no contract take place until money changes hands. You don't have a chance in court, until money changes hands, even if it's just $1.00.

abaddon248

12-05-2008 10:18 AM

So can she claim it as a gift? If it does become a court matter. On the ex owners side?

bchgirl

12-05-2008 10:21 AM

Quote:

Originally Posted by abaddon248 (Post 2362037)

So can she claim it as a gift? If it does become a court matter. On the ex owners side?

No. The agreement included the exchange of money...until that's done...the agreement has not be fulfilled...regardless of whose fault.

I really think handing over a check or cash would end the issue. Sounds like the "ex" owner could use the $$....hard to ignore if you really need it.

Nancy1999

12-05-2008 10:22 AM

Quote:

Originally Posted by abaddon248 (Post 2362037)

So can she claim it as a gift? If it does become a court matter. On the ex owners side?

No, that would be lying. Perjury is what the court calls it, and it is a very serious matter.

I agree with Bchgirl, if she's moving, she can use the extra money, tempt her.

abaddon248

12-05-2008 10:25 AM

Yup money talks.

RockysMommy08

12-05-2008 10:26 AM

I am so sorry!
I hope you get to keep the puppy!

stedmansmommy

12-05-2008 10:44 AM

Quote:

Originally Posted by QuickSilver (Post 2361246)

Okay, the plot thickens. She told me in confidence today that she is planning to relocate to New York next month. No one at the office knows. I guess originally she didn't feel like she was totally giving him up because I bring him to the office and she still gets to play with him. Now that she's going to New York, she realizes she won't see him at all.

She proposed that I keep him for a few months while she settles in New York, and then I guess she'll decide whether or not she wants him back. I'm thinking about saying yes, and then keeping him either way. Before, I was very concerned about causing tension in the office, but if she's leaving, there's not much connection there.

I have to say, it never occurred to me this would happen. I probably wasn't very smart about the price, but one the other hand, I knew that I was very bonded with this dog and that we are compatible.

She says that she knows it's selfish to keep him and that she would not be giving him the life he deserves. And honestly, a New York winter day would turn him into a dogsicle within minutes. He has to wear a sweater in San Francisco! And the tiny apartments in New York... I'm floored. I lived in New York for many years, and I know it takes a lot more work to care for a dog there than it does in NorCal.

On the other hand, I knew she wasn't super-responsible to begin with, given that she didn't take great care of him, so maybe I shouldn't be surprised at how she's handling this.

I'm still worked up, but I think it's probably going to turn out okay... I hope.

I would agree to her proposal asking you to keep the dog for a few months while she gets settled in-in New York, however if she does end up wanting the dog back after that, I simply wouldn't give him back. Part of me feels like that is wrong because I always try to be a good person and I don't like lying, but we are talking about the welfare of an animal in this particular case and if he wasn't being properly taken care of by her then I simply wouldn't give him back, period. I think it is actually pretty selfish of her to admit that she doesn't take care of him properly yet she still wants him back? I mean, what the heck is that? I'm sorry to say but it sounds to me like her life would just be easier without him in it. Maybe she is too busy or whatever - but IMO it doesn't sound like she needs to even own a dog at this point in time.

And for all we know, she could move to NY, settle in for a few months and then realise that it really is easier (for her) without him. Maybe after being apart for him for a few months wanting him back will kind of fade away. Lets hope so!

Whatever you do, I would keep that baby no doubt. I think he will live a much better life and be alot happier living in California with you :)

Xaleia

12-05-2008 04:52 PM

Quote:

Originally Posted by bchgirl (Post 2361780)

I'll get crucified for this....but he is not your dog. I understand he's better off with you, but he is not yours.

That being said...she obviously has "forgotten" how much work he is/was...she probably has given no consideration what expense will be incurred moving to NYC either.

I personally wouldn't agree to watch him any additional time. I'd tell her no to that idea.

You have the money together to pay her correct? Were it me...I'd flash that money in her direction...cause I'm betting she'd take it.

Hope it works out in your favor.

PS and get a receipt. ;)

I tend to disagree. I believe the dog is hers. They agreed upon the original price PLUS Vet COSTS. That is over and above any purchase of a pup and this was agreed upon. It is an oral contract which will stand up in any court if you have documentation to support it.
I would NEVER advocate keeping anyone's animal but this woman made a choice to let her dog go.
If this happened to me, and I could tell the woman was heartbroken and the pup was heartbroken without the first mommie...contracts or no, I would give him back.
But in this case...well..I'm not so apt to let my heart get the best of me.

Whatever you decide.... you do what is best for the pup:-)

jasmanea

12-05-2008 04:54 PM

feel sorry for the poor baby...

manolos mom

12-05-2008 05:25 PM

I would not give him back and be Firm..

SamiNFurbabies

12-05-2008 06:16 PM

I had my issues with Izze's last owners...my neighbor suggested that I charge her boarding fees. Luckily she didn't take her back and I had her sign a document waiving her rights and transferring ownership.
Had she not done that, I would have charged her the going market rate for babysitting the little furcritter and make her think twice!
I would be hesitant to puppysit the dog while she is in new york---you'll get more bonded with the dog and that will make it more difficult. Also, if she wants the dog...she can legally take it. most likely.
Has the dog been microchipped? If not...that might be an option...

SamiNFurbabies

12-05-2008 06:21 PM

also, with transfer of ownership---get a witness! One who isn't biased.

Lovely05

12-05-2008 06:36 PM

I am sorry that you have to give up a dog that you developed a close bond with the dog. However, if you were just babysitting the dog, then you cannot keep the dog. The dog is still the woman's property (law). I have seen these types of cases on court shows on TV. If you try to keep the dog, then it is seen has stealing. You and your coworker only agreed on babysitting the dog. You cannot change the contract that you and your coworker agreed on unless you make another contract with your coworker. If you wanted the dog, you should have created a contract where you get to keep the dog.

bchgirl

12-05-2008 06:49 PM

Quote:

Originally Posted by manolos mom (Post 2362782)

I would not give him back and be Firm..

The OP doesn't really have a choice here....well she could keep him....but....
The original owner contacts the police...tells them this person has her dog, she has proof it is her dog...the dog will be returned to her. The OP could take her to court...but the best she may get is being re-imbursed for the expenses while the dog was in her care.

You can't force anyone to sell you something via a verbal agreement...if they change their mind...it's done over. Had money exchanged hands...it would be another story.

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