Specialists in Dog Law | Tel: 01304 755 557
If a buyer simply changes their mind after purchase, they have no automatic right to return the dog and to require a refund (unless that’s what the contract says).
Unless the seller sells dogs in the course of a trade, then the principle of caveat emptor probably applies. This means ‘let the buyer beware’ ie. it is up to the buyer to satisfy themselves at the time of purchase that the dog is acceptable, and if it turns out to have defects they are unlikely to have any remedy.
The situation is different if:-
- The seller expressly stated things about the dog which were not true, or
- If the seller sells dogs in the course of a business
If either of these situations apply, then the buyer may be able to take proceedings for their losses and/or may return the dog and demand a refund.
In addition to the above, we frequently provide advice on:-
- endorsement arguments (eg. the circumstances in which they may be released)
- contractual terms (especially on when ownership has passed or whether a dog has to be returned)
- the difference between an adoption and a fostering arrangement
- when a deposit has to be refunded
- breeding contracts