Big Mess I am in, Can Anyone Help?

[ramessecar]

I am not sure what type of law this problem falls under or if I am even in the right place to find help and a possible point in the right direction. I recently sold a puppy for my mother to a woman who was looking for an AKC pup. I thought that the pup i got from my mother's litter was AKC registerable, but turns out it wasn't. I posted an ad in the local paper for the pup to be sold and said it was AKC. This lady responded to the ad and bought the pup. I told her she had 10 days to return the pup for any reason. A month went by and she contacted me demanding 250 dollars (half of purchase price of said pup) because it wasn't AKC. She had the registration papers since 5 days after she bought the pup and the papers clearly read APR. After refusing to give her that amount, I offerd her 500 dollars and reinbursment of the first vet visit for the pup back, she continue to decline the offer several times; i even offered her 75 dollars for the vet visit without having to give the dog back yet she declined wanting 250 dollars. Now she has filed complaints against my mother (the breeder) with every person she could think of from AKC, to APR, to Consumer Affairs, to Better Business, even a Mini Schnauzer Club. My mother did not sell her this dog I did. So my troubles are....Can she sue my mom? Can my mom Sue her for defimation of character, slander, or mental anguish since mom mom did nothing but own the pup's parents and had never met this woman and had no dealings with her? As for me what can she sue me for? I live in MD if anyone knows what the MD laws are for this type of matter. If anyone can not answer these questions can someone please try to point me in the direction of the type of lawyer I should be looking for? Thank you in advance...

 

[NYClex]

I don't quite understand why this has become a problem. She wants $ 250 and you offered her even $ 500? Why dont you just pay the $ 250? What is the dog's value without the AKC quality? Is it more than $ 250?

Law-wise this is a contracts law problem. You offered to sell a certain iitem, she wanted it, but you did not deliver the item offered, your item was deficient.

Now she could have rejected the pup and would have been entitled to receive her money back, the full amount, and of course she would have had to send the pup back. Everything got complicated from there on, she kept the pup but wants half of the price back, this is a compromise you as the seller don't have to agree to. So far the theory. Of course I don't know the details of the case, for example the value of the pup without that registration etc etc so I can only give you an idea of the law here, not a solution for the case.

Now, if she could prove that you knew you were misleading, she could also sue for fraud, but she would have to prove that.

I doubt that it would be smart for either side to consult a lawyer with this problem, because the lawyer's fees would just be disproportional to the value of the pub. I would really urge to settle, for example by paying the $ 250 and writing it off as a price for a lesson learned.

But don't just take my word for that, this is just what I would do.