What to do if I bought a puppy 5 months ago from Ebay classifieds but never received its papers?

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What to do if I bought a puppy 5 months ago from Ebay classifieds but never received its papers?

The ad clearly specified that I get the dog and the papers. I got the dog and was promised the papers to be sent in the mail. Every month, I check and she says she’s still waiting for them. Now, she says that she sent them last month I had to ask, she never informed me when she sent them but I never got them. She didn’t add tracking or certify or anything if she actually sent them at all. I told her I will sue her to get my money back or the papers, and she said if I sue her and she has to pay me, then I will have to give her back the dog. Is that true? The dog is more important than the money or the papers but not getting the papers is a huge deal because I cannot register him, almost like castrating the dog. Can I do anything legally to get these papers, without having to give up the dog? Can I get justice without giving up the dog?

Asked on September 30, 2012 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you paid to get papers as well as the dog, then the seller has violated the agreement (whether written or oral/verbal) of sale and you may sue her to either enforce the agreement (i.e. force her to give you the papers) or for monetary compensation (i.e. the difference in value between dog with papers or dog without). If she is the one who violated the agreement or terms of sale, she should have no grounds to make you give the dog back to her--unless you chose to, instead of the above remedies, seek to rescind the transaction (give up dog, get money back). However, as the person suing, it would be your choice what remedies to pursue.


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