Can I make someone sign a release form before returning property that I purchased from them?

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Can I make someone sign a release form before returning property that I purchased from them?

I obtained a dog from a breeder with no written contract (only verbal/e-mails). I agreed to pay $750 for dog/papers upon breeding (no specific time of payment; no money paid). The dog exibited behavoir/possible health problems expressed in e-mails to her. The breeder agreed in a text to pick up the dog herself and have seen by vet. Now she is refuseing to pick it up and is demanding I return it to her, blaming me for its condition. Can I force her to pick the dog up herself and sign a form releasing me from any expenses/compensation? Can I refuse to give her the dog if she dosen’t sign it?

Asked on April 13, 2012 under General Practice, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you purchased a dog from a breeder and there is some form of an agreement where you get to return the dog in exchange for the return of receipt of the money paid, you are wise to ask for a cancellation and release of each other in writing before the dog is returned and you get the return of your money. The release needs to be signed and dated by both of you.

If the breeder does not sign the release then you need not give up the dog. If the breeder refuses to do so, you might consider making a complaint with the American Kennel Association assuming the breeder is a member of such.


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