Consumer Law, Warranties a raw deal

[mkt101269]

I was a breeder and I decided to get out of the business. I went and sold 4 of my dogs to one breeder and 4 to another. The deal was for the to just give me a puppy for each on and I would sell it. They signed a contract for the deal and we parted ways. About 1 month after I sold them the dogs, they are good friends, they started to say things that were not true. They said that they were under nourished, sick, one had this wrong and etc. I loved those dogs some I raised from newborn. I moved out of the state before they said all these things. I couldn't afford to go back to Washington and to sue them. So I gave my contracts to another breeder that I trusted,and she said that she would get the pups for me. After a while , I asked her what was going on and she said that her and her husband gave the other breeders the contract so that they would not owe me anything. I trusted these people and they stabbed me in the back. Is there anything I can do? To either the people who I sold the pups to or the breeder that gave them back the contract. All of them know each other. I feel betrayed. I thought that the person I ended upgiving the contract to was a good friend. I guess I learned a lesson.Never trust anyone.
Please help

 

[Michael Wechsler]

I'm sorry to hear about the problem but that doesn't mean you shouldn't trust anyone -- you just need to be careful with whom you trust and with what you you put your trust in them.

Your contract is unclear but let us assume you sold the 4 dogs to these breeders with the right to obtain one puppy per each dog. If you "gave" the contracts to Breeder E (your friend) to enforce, meaning that she would get the pups and that's all, then I don't see the problem. This is because the Breeder E had no right to extinguish the debt in the contract -- only you can as a party.

Think of it this way. If Jack and Jill make a deal where Jack lends Jill $400 at 5% interest, due back at end of year, and you contract with an agency to collect the money from Jill when it becomes due, there is no way that the agency can simply extinguish the debt because they want to. It's your contract. Handing over the piece of paper does not change your rights. However, it is much easier to prove the terms of the deal if you have copies of the contract.

Not sure if this is your situation but hope it helps.

 

[mkt101269]

I gave her a paper stating that I was transfering the contracts over to her and then turned around gave everything to the or breeders and told them she didn't want anything and stated in an email that she just didn't want to deal with them.
Can I still sue them or her?I kept all the emails and the transfer agreement,and copies of the 2 contracts.

 

[Michael Wechsler]

I don't understand here. What "paper" did you give to this friend and what did it say? Was it a power of attorney? Did you restrict the rights this friend had? All your rights and remedies semm to revolve around what is contained within this piece of paper and how much power you gave the friend.

 

[mkt101269]

The contact says(without our names):


In regard to the puppies owed to (me)From(breeder1)and (breeder2),I have transfered the above contract to(breeder3).
This transfer entitles(breeder3) to receive all puppies owed to (me)from (breeder 1 and breeder2)

Then I sighned it and had it notorized.
That is all it says.
Hope you can help me straighten this out.

 

[Michael Wechsler]

Who drafted this contract? This is not well worded and rather ambiguous. This sounds like assignment -- you have given all your rights to receive the puppies to your friend. By doing so, you wouldn't have a claim since your friend would be the only person entitled to receive the puppies after the transfer, not you.

However, this isn't so clear. Did you give this "contract" to your friend in exchange for something else? Why did you give her the rights to receive the puppies? Was this just to hold them for you or did you assign your rights to receive the puppies to your friend and now your friend has all the rights to the puppies? Why do you think you have rights to receive the puppies any more after you signed this paper giving the rights to the puppies to your friend? Could it be that you are simply not happy that breeder 1 and breeder 2 got off the hook?