I Adopted A Dog, And The First Owner Violated Their Contract With The Breeder. Now The Breeder Wants To Sue Me.
Location: Ohio
Title says a lot. I was given a beautiful purebred dog. The owner and I met through a mutual friend, and I have experience with this type of dog, so the owner rehomed the dog with me. (The owner was going through a difficult period, and as a result the dog was always at the sitter or being cared for by friends.)
I've had the dog for almost two months, and things have done great. I love this dog very much.
However, the breeder found out the 1st owner rehomed the dog. Apparently this was in violation of a contract between the two of them that states the dog must be returned to the breeder and cannot be rehomed. The breeder demanded the dog be returned or she would sue.
The 1st owner informed me of this. I called the breeder and left my phone number, hoping the breeder would call me and feel better knowing the dog was in a good situation versus dumped with someone unqualified.
The breeder called me back and DEMANDED I return the dog or she would sue ME if I didn't give the dog back.
I don't think she can get me on breech of contract because... I didn't sign a contract with anyone. I was completely unaware to any contractual obligations owed by the 1st owner to the breeder.
Can the breeder sue me successfully? Can the breeder take the dog from me?
Edit: The dog is already fixed. The 1st owner took care of that.
Edit: I don't think money is the motivating factor for this. The breeder is a reputable AKC breeder and exhibitor of an uncommon breed of dog. It's definitely not a backyard situation.
I can't say there is any harassment going on between the breeder and I. We had one conversation, and she hasn't contacted me since.
This isn't relevant to legal advice, but for the curious... Honestly, she wasn't even super unpleasant to me during our conversation. I offered to meet in person, fill out a puppy application, provide references, send pictures... I think she really cares about the dogs she produces and wants good homes. The immediate lawsuit threat did freak me out though.
She said she'd be talking to her attorney next week, so we will see I guess.
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