[ SHOWGSD-L ] What would u do? dog sold-never picked up.

  • From: cheradongsd@xxxxxxx
  • To: showgsd-l@xxxxxxxxxxxxx
  • Date: Wed, 24 Oct 2007 16:08:42 -0400

Hi List,
Below is a copy of an email I sent to Evan for his legal advice-- (havent heard 
from him yet)
I wonder what you listers would do here??  this is becoming a big problem and 
I am not sure what to do so I could use some input.  I expect her to call me 
tonite.  
Thanks,


Cheri Hunt----Cheradon Shepherds
Home of Ch. Cheradon AchtungErynbrook Molokai, TC, OFA H&E, PA,TH,CA, Eyes 
Cert. and Certificate of Health Merit Excellent from the GSDCA (aka Ch. Mikey) 
Ch. Mikey 
and his sister, Cameo --see her here: Cameo's site 





Hi Evan,
I need your advice PLEASE.  As a lawyer.
I sold a puppy (well--a VERY BIG puppy-a year old male) named Montana, to a 
lady on May 17th of this year.  I sold him on a co-ownership, with the idea 
that he will be shown at least a littleâ??and if he turns out really nice, he 
will be shown properly.  He is out of my Champion Mikey and his mother is half 
sister to  Dallas, so he has a nice pedigree.  She can afford to do this, and 
agreed to my request.  (which is also in the sales contract.) She spent 
probably 4 hours at my home and we talked and I THOUGHT I had gotten to know 
her enough to sell her the dog.  She was--and still is--very sincere.  She 
absolutely fell in love with Montana, he responded well with her, I thought 
everything was great.  At the time she told me she needed to get her stockade 
fence fixed first before she took him home and asked if I would  hold him for 
her for a week or 2 till she got the fence fixed?  Of course I told her I 
would--no problem.  Well, it is now over 5  MONTHS later and she STILL has 
not taken this dog home.




Cheri Hunt----Cheradon Shepherds
Home of Ch. Cheradon AchtungErynbrook Molokai, TC, OFA H&E, PA,TH,CA, Eyes 
Cert. and Certificate of Health Merit Excellent from the GSDCA (aka Ch. Mikey) 
Ch. Mikey 
and his sister, Cameo --see her here: Cameo's site 





Hi Evan,
I need your advice PLEASE.  As a lawyer.
I sold a puppy (well--a VERY BIG puppy-a year old male) named Montana, to a 
lady on May 17th of this year.  I sold him on a co-ownership, with the idea 
that he will be shown at least a littleâ??and if he turns out really nice, he 
will be shown properly.  He is out of my Champion Mikey and his mother is half 
sister to  Dallas, so he has a nice pedigree.  She can afford to do this, and 
agreed to my request.  (which is also in the sales contract.) She spent 
probably 4 hours at my home and we talked and I THOUGHT I had gotten to know 
her enough to sell her the dog.  She was--and still is--very sincere.  She 
absolutely fell in love with Montana, he responded well with her, I thought 
everything was great.  At the time she told me she needed to get her stockade 
fence fixed first before she took him home and asked if I would  hold him for 
her for a week or 2 till she got the fence fixed?  Of course I told her I 
would--no problem.  Well, it is now over 5  MONTHS later and she STILL has 
not taken this dog home.



She paid $1,000 for him when she signed my sales contract on the day she bought 
him so he IS paid for.  Then I didnâ??t hear from her for several weeks.  She 
works 3rd shift at a factory and sleeps days (makes real good money driving a 
fork lift truck at New Process Gear which I think is a division of Chrysler).  
I tried calling her several times but never got an answer and she had no 
answering machine.  I finally got ahold of her and she ended up going with me 
and Montana to a match so she could see what a dog show was like-she has never 
been to a dog show.  She had a good time. That was May 27th.  We had a good 
time--she was WONDERFUL with him--spent the day with him.  alls well.  (I 
thought)
Then I didnt hear from her again for weeks.  Finally I sent her a letter (of 
course I have a copy) asking her if she still wanted the dog and where was she 
and why didnt she call me.  She called when she got it and told me she still 
didnt have her fence fixed, needed to get her life straightened out (she is 
single, lives alone, probably around 50 yrs old--not a goofy kid).  Said she 
really wanted to get him "home" and she just needed more time--blah blah 
blah.  



Next it is July, still havent heard from her again, I finally got her on the 
phone, similar conversation, still isnt ready to take him, I asked her to come 
to my club picnic--the Iroquois GSD Club (Syracuse, NY) so she could see him 
and spend time with him and we could talk.  She did.  Spent the day with 
Montana, gave him loves and hugs and walked with him for several hours--was 
really good with him but--Same story, she still isnt ready to take him home.  
She also told me that lots of times when she gets out of work at 6 am she is 
tired and she ends up falling asleep in her truck and never gets home till 
early afternoonâ??which is why I can never get ahold of her.  (hmmmmmmâ??this 
is not good. I have red flashing lights going off in my brain.)  Then she gave 
me $20 for a bag of dog food.



Several weeks later, I still havent heard from her again, I finally got her on 
the phone again and told her I really needed some money for his care and 
food.  She gave me $275.00, still same story, she isnt ready for him 
yet--trying to get her life together, still hasnt gotten her fence fixed.
Then it is August.  Weeks go by, nothing from her, I finally got her on the 
phone and she came over with 2 bags of dog food.  That was the beginning of 
August.

I have not heard from her since.  Nothing.  No phone call, nothing.
Now I am finished playing her game, my patience is gone, I dont want to have 
Montana sitting here waiting for her when he could be in a family playing and 
bonding and living a good life like I planned for him months ago.  I can not 
keep him-I have his father and another old male and my bitchesâ??donâ??t need 
another male here. I never planned on keeping him in the first place.  Even if 
he is not shown-he needs to be in a home with a familyâ??NOW.

I sent her a letter last Friday telling her I cant wait any longer and she owes 
me money for board and food and I want him in a home where he can have a good 
life and I am going to find him a home--and the $1,000 she paid for him is 
about what she owes me for board and food and care, ----

My question to you is--can I do this and is this legal. ???  
Here is a copy of the letter I sent her.

October 19, 2007

 

Dear Nancy,

 

I have been thinking about writing this letter to you for the past couple 
weeks, but have been holding off waiting for you to call me.  You havenâ??t.  
I havenâ??t heard from you for over 2 MONTHS.  Why should I call you????  You 
are the one who supposedly loves this dog and should be contacting me to see 
how he is doing and trying to make adjustments to your life and living 
arrangementsâ??and your fenceâ??so you can take him home. You are obviously not 
very interested in the welfare or health or condition of Montana or you would 
AT THE VERY LEAST keep in touch with me.  And��.I think I have been MORE 
than patient with your situation.

 

Againâ??as in the previous letter I wrote you several months ago, I am 
wondering if you are ok or in the hospital or something and unable to contact 
me.

 

When you first came to me IN MAYâ??5 MONTHS AGO, to buy this dog, I fully 
expected that you would have your fence fixed and be taking him home with you 
within a couple weeks.  That turned into a month or soâ??which is now 5 months 
later and at this point now, I am thinking I made a very bad mistake in selling 
him to youâ??and I am also thinking you have made a mistake in thinking you had 
the time and the room in your life for a dog.  You obviously do not.

 

Am I upset??  Of course.  I am upset, frustrated and very discouraged with 
this whole situation.  I always want the very best home for my dogs that I 
sell and over the past 25 or so years, I have done quite well in selecting 
people that I thought would provide a good and loving home for the pups and 
dogs I have sold.  I HAVE NOTHING AGAINST YOU PERSONALLYâ??but I think this is 
a bad decision on your part and you are obviously not ready to have a 
dogâ??especially a BIG, young, healthy, rambunctious male dog-- in your life 
right now.

I so much wanted for Montana to be in a good loving home settingâ??MANY MONTHS 
AGO, and here he sits stillâ??waiting for someone who never shows up.  Montana 
needs a family to love and play with and care for him NOWâ??not months down the 
road when you decide you might have the time.

 

I am also the one who is supporting himâ??providing food, worming, shelter, 
vitamins, etc etc for him and AS I TOLD YOU IN THE BEGINNINGâ??I cannot afford 
to support another dog.  THAT IS WHY I SOLD HIM TO YOU. He is costing me money 
for his careâ??and he needs much more attention and exercise than I can give 
him right now.

I am grateful for the $275.00 you contributed to his board and food several 
months ago, especially since it was given to me when I was in a situation of 
need at the time-but at this point that is not enough.  If you check any of 
the boarding facilities in this area, you will find that most or all of them 
are over $16.00 PER DAY.  I never said I would charge you that muchâ??but even 
half that amountâ??at $8.00 per day would be approximately $248.00 per month.  
It has been 5 months nowâ??and so far all you have contributed to his keep is 
$275.00.  And at the above price, for 5 months, it comes to $1,240 minus of 
course the $275.00,  you have already given me, leaves a balance of $965.00 
still owed.  Andâ??the above prices for board at ANY facility ONLY include 
BOARD.  That does not include vitamins, medicine, worming, special care such 
as bathing, etc etc.

 

At this point, I think it is best that I find him another home, with a good and 
loving family, that will give him the time, attention,  play and care that he 
needs. I know I mentioned that my son-in-law really loves and wanted him but 
that wont work because they have 5 kids and 1 dog now and that is all their 
budget will allow, and my daughter said absolutely no to having another dog 
there.

 

My plan is to put another ad in the paper for him, and to alert my friends and 
other dog people I know and see what comes of it, but I would like to find him 
a really good home.

 

You paid $1,000 for him, you owe me $965.00 for his board not counting 
medicines, worming, etc.,  and who knows how much for my time and frustration 
with this whole situation and peace of mind and so I say lets just call it even 
and forget this whole thing.

 

I am not trying to hurt your feelings, I know you have a lot of problems in 
your life and just canâ??t seem to get it all together and I think this is best 
for all concernedâ??especially for Montana.  I know you have told me quite a 
few times that lots of times after you get out of work in the morning, you end 
up sleeping in your truckâ??which means you donâ??t go home after workâ??and 
that will DEFINITELY NOT work if you had Montana waiting there for you.  I 
cant imagine the loneliness and boredom he would endureâ??and the mischief he 
would get into being alone all the time.  Plus the fact he would not be fed on 
a regular schedule or be able to go out to potty--This just wont work.

 

Sometime in the future, when you have your life more under control and have the 
time to care for a dog, I will consider giving you a puppy or older dog as a 
replacement if you want one, but right now you obviously do not have the 
considerable time that a dog needs and this dog needs attention right now, not 
in a few months or years.

 

Please give me a call when you get this letter.

Cheri Hunt

 

 

 

 

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