fight for your baby!
 

I like this idea. Maybe she can find a better energy of a dog that will not need as much exercise. A furry friend that is more appropriate for her life.

Like maybe a cat? lol Tell her to take the money and get a cat...

Why do you think the woman will not take good care of the dog in New York? If you do not give the woman her dog back, then the woman might be force to sue you or contact the police. I do not think it is right to try to manipulate the women into giving you her dog. IMO When I started reading this thread, I could not help thinking about a rich women who could not have a child trying to convince a poor person why she should raise her child. I think you should be honest and tell the women that you bonded with the dog and that you would like to buy her dog. I think honesty is the best policy. I am not judging anybody. I would not want my friend trying to take my dog away from me, because she does not like how I raise my dog.

Lovely, to answer your question: in my first post, I said that she didn't take particularly good care of the dog in San Francisco, so I'm not sure why it would be different in New York.

Also, she had already agreed that she would sell him to me. Perhaps the simplest solution would be to tell her that I've changed MY mind about returning him to her and present her with a check for the amount I expected.

The dog is still in my care, and I would like to keep the situation as amicable as possible. If she comes back after a week and says that she couldn't find a dog-friendly apartment, and has changed her mind back about selling him, then I will immediately present her with a check, and that will be the end of it.

Actually, I just remembered that she originally bought the dog with the intention of selling him, and then changed her mind. At that point I didn't know her very well, so I was just vaguely aware that there was this puppy roaming around. So I guess it's not totally out of the blue that she would flip-flop. Argh, I'm driving myself crazy trying to figure out what happened.

Well, hmmmmm, the plot has thickened. . .
 

I agree with the person who said she would give the dog back because the woman would probably give her back once she realizes that the dog was happy because of YOU! But now that she is supposedly leaving, it's a wee bit different. First of all, if she was still here, she could take you to court and you would unfortunately lose. You probably know that, I'm sure. But now that she is leaving, I too would keep the dog until you hear from her in NY. BUT, if she does call for the dog, then you also send her the bill for the dentist and dog food and whatever else you have used to keep her alive and happy. Keep a folder with all the receipts, including everything, very organized and even meticulous. If something should happen, you now have proof for when and if she takes you to court! Hmph!!! She will need money to take you to court and more if she thinks she might lose. With the "before and after" pictures, food bills, dental bills, vaccination records, pics of her at the dog park where you excercise her, etc, etc,etc, you will take and keep in your meticulously organized folder, I think you may come up roses in the end. Build your case and keep your little pal! Good luck to both of ;)you!

I apologize about misunderstanding your post. I thought you were trying to keep a dog that you did not buy, and hoping the owner could not take care of dog so that you could keep the dog. Oral contract are not binding even if you both agreed that you would adopt the dog. You need a receipt in order to prove that the dog belongs to you. If you and the owner come into an agreement about you buying the dog, then you need to write in the memo section of the check that the money is for purchasing the dog. When she cashes the check, you can prove the money you gave her was for the purchase price of the dog. In my previous post, I mention that she could take you to court if she decides that she does not want to give you her dog. I did not mean that you should take her to court to get ownership of the dog. I do not want this situation to get messy either. Good luck in getting the dog back. :D

You paid for the dog and all his shots and taken care of him and she just wants him back, that is not right, does she think this dog is just a toy she can change her mind when she wants too. I dont know how she could sue you if you did not give the dog back, you paid for the dog and his vet care.

Untrue, the co-worker made and offer and quicksilver accepted

offer+ acceptance = contract

no need for writing or for money to exchange hands, a contract has been formed and quicksilver has relied on the promise of having the dog sold to her

Someone else said that you cannot force someone to sell you something and until money exchanges hands there is no contract.

Again, not true.. there was a story of a man who agreed to sell his farm while he was having a drink in a bar and the courts enforced it even though money did not change hands

It has been seen over and over that you, can, indeed, force someone to sell you something if a contract is formed and money has yet to exchange hands what is needed is a 'meeting of the minds,' which it seems has happened so just because one person changes there mind doesn't make the contract null and void.

Well, enough on contracts 101

I hope everything works out for you and since everyone seems to chime in on what they would do, this is what I would do:

I'd go ahead and get the dental done. If she wants him back, she needs to pay YOU for that large expense, which, you said she cannot afford...
Also, if she wants him back be prepared to charge her for your time spent (either going rate for pet services or going rate of what you make times the amount of time you spent on the dog) plus any costs incurred (such as for treats, food, clothing, grooming, pet supplies)

I'm sure after receiving your bill, she will let you keep the dog so be prepared with your check :)
Also, don't let her keep changing her mind. Give her a deadline to give you the price. If she doesn't meet the deadline, hand her a check for the cost she paid for the dog (because that is what you agreed to do and any vet costs will be hers b/c she did not prove to you what you owed her... write payment in full for purchase of dog and I'm sure she will cash it and you don't have to worry about it anymore).

Good Luck

Your correct, the plaintiff would have the burden of proof. HOWEVER:
I think having the dog in her possession shows that there was some kind of agreement and Quicksilver brought the dog into work so I'm sure the other co-workers felt that the dog was being exchanged hands...

I really don't think court action is necessary tho', but you'll have to let us know if you end up on judge judy or alex or whatever, Quicksilver

Ha! Yes, if you see two woman fighting over an adorable dog on Judge Judy, you can assume one of the women is me.

I'll keep everyone posted as to what happens. I think I'm going to wait until after she comes back from New York, because if she can't find a pet-friendly apartment, that will be the end of it.

As for the legal issues: again, I don't think either of us would let it get that far, but I think technically I relinquished ownership. Stupid me, when she said she might want the dog back, I said, oh, I'm so sad, let me know what you decide. So I think any oral contract is negated.

Again, at the time, I was envisioning a scenario where we worked twenty feet away from each other for years and there was horrible tension every day. If I'd known she was going to be gone in a month, I could have simply said, sorry, I can't give the dog back. Maybe I should have said that anyway.

In retrospect, I would have negotiated better too. I was just so thrilled that she was going to give up this wonderful little dog that price seemed immaterial. I offered to get the dental work done to sweeten the deal. I am not sure when she was going to get it done, but I thought she'd feel better about giving me the dog if she knew he'd be getting important surgery in my care. FYI, yes, they are puppy teeth extractions, and they are rotting. They're green! It's the only thing not cute about this dog. He is 2 1/2 years old.

Healthcare - an important issue for both humans and our furry friends!

She's going to find how terribly expensive NY is....when she comes back just offer her the price of the dog & I bet she'll take it!

It's settled!!!

Her new roommate doesn't like dogs. It's done!

She said she will bring in his medical records tomorrow. I've been carrying my checkbook with me all week. I told her I could pay her today, but she said she's going to search for all his veterinary care. I have a feeling I may be negotiating tomorrow, but I think I'm in a better position now that we both know she can't keep him. So maybe it worked out for the best!

I'm so thrilled, my little angel is sleeping on my desk as I type! :D

:animal37

congrats, its clear she is better off with you

woo hoo..know you're thrilled

Pics PLEASE!