PUPPY PROBLEM

Everybody's Uncle,

I have two beautiful Shih Tzu dogs who had puppies together. I adore my dogs and their puppies. I gave one of the little darling puppies to my friend and her daughter.

Her daughter has health problems. I made it very clear if she was unable to keep the puppy, I prefer her to return the puppy to me. Less than a week after I gave her the puppy, she has given the puppy to her friend Heather, a woman I
do not even know.

She says that she gave her the puppy until it is housebroken because she does not want the puppy around her daughter. I gave her this puppy that I could have easily sold for over $500 and now she has given it away.

How can I make myself clear that I want the puppy back? I made it a point to place these puppies with people I know because they are such important little animals to me. The parent dogs are like my children and the babies are
like my grandchildren. I feel insulted, angry, and hurt that my friend went against the direct conditions of me giving her the dog and I want the puppy back so I can place him with someone I know.

Amy Moody

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Dear Amy,

If you want your puppy back you can make it perfectly clear by telling her you want the puppy back.

You have two approaches that might help you recover the puppy.

Friendly negotiation:

If the recipient is a friend, remind her politely that the gift was conditional. A sincere request wrapped in emotion might work. Anger and insult will not.


Legal procedure:

File a claim in small claims court. You have to be able to prove your case, at least narrowly.

A prompt filing will demonstrate immediate concern and perception of a violation of conditions. Passing the puppy to a third party permanently (especially for a fee) might violate the common sense of an oral understanding. Sending a puppy out for training is very different.

Accepting any puppy that could negatively impact a child with health problems brings her judgment into question. If you knew the child had health issues, your judgment comes into question as well.

If there were any witnesses to the conditions of the gift, their testimony would support your claim.

Legally, dogs are property, not grandchildren. Recovery after being sold or gifted away is difficult. Waiving a $500 fee might depend on establishing pedigree and past sales, but could imply conditions.

Feeling, "insulted angry and hurt" carries little weight in a legal contest.


Going forward:

Don't breed grand-puppies.
Don't transfer property with conditions that are not in writing.
If you love your puppies, protect them with solid business agreements, not grandmotherly after-thoughts. A security fee or a trial period would show your protective instinct and give the recipient something to think about.

Good luck,

Everybody's Uncle