I recently entered into a purchase of a toy yorkie, she has been with our family now for 21/2 months. We verbally agreed to buy the dog and we would pay them as soon as some money that's owed to us would come in, we explained to them from the beginning it could take a while but it was sure to come. It would be no later than September. He has changed his mind because there are other buyers with money in hand ready to purchase the dog. I refused to give the dog back and offered him 200 dollars up front and 100 wkly until paid. He refused and he's taking me to court now, this dog is part of the family we are so afraid will loose her. Any advice welcome please we need help what should we do? He new about are financial situation from the begging but we were still willing to make payments. He wants one full payment not installments.

And he is fully right to expect the payments, I am sure his idea of pay soon was not almost 3 months with no future of full payment.

If you could pay 100 dollars week, why do you not have about 1000 dollars saved up to pay him NOW, since it has been almost 10 weeks ?

And how much money did you buy the dog for ?

But yes I can see the court giving him the dog back, So if you want to keep the dog you need to find the money.

Next why did you ever agree to buy a dog that you can not afford to pay for ?

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Originally Posted by Fr_Chuck

And he is fully right to expect the payments, I am sure his idea of pay soon was not almost 3 months with no future of full payment.

If you could pay 100 dollars week, why do you not have about 1000 dollars saved up to pay him NOW, since it has been almost 10 weeks ?

And how much money did you buy the dog for ?

But yes I can see the court giving him the dog back, So if you want to keep the dog you need to find the money.

Next why did you ever agree to buy a dog that you can not afford to pay for ?

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iim sorry I was not specific with the agreement we were clear about my financial situation, initially I was not going to pick up the dog until I paid him at least half, and he knew that we would not receive the money until september/october. He called me to come and pick up the dog and it would be no problem as long as we informed him the status of the money and when we would receive it. So I offered to pay him installments which he is not in favor of.

He wants one lump sum payment, and the problem only started recently about 3weeks ago, because he himself ran into financial problems. I am not denying that I have to pay him or refusing to pay him, but I feel he should not preasure us for payments now if right from the start our arrangement was clear we would not have access to that amount of money until September the latest October. And he called us to pick up the dog and I have witness to testify for that.

If your verbal agreement was that he would be paid by October, fine. If you can prove that is what was agreed, he is not entitled to be paid before then. But prooving it may be difficult, since you can't even keep your story straight on this thread. In Post#1 you said the agreement was for payment by September, but in Post # 4 you are saying (in effect) October.
But again, as Fr_Chuck suggested, it was not wise to buy a dog if you didn't have the cash at the time.

Update: I have contacted my cousins husband ( The seller of the dog), and have offered to pay him 600.00 on the 31st. Of August, and the other 200.00 by the end of September, and he has agreed. The agreement has been done all via text messages. Is this allowable in court as a "binding contract"? Yes, I have managed to come up with the money, and No I have not borrowed it. (little humor).



I apologize for not being crystal clear on my threads, I have been so stressed I have not been able to express myself correctly not even in writing! Not to mention it's my first time.


Which is true, by the way if I can't keep my story straight, how can I prove the truth, but going back I have all our conversations on text messages (from the original agreement).

I will make sure at the time of payment to have it all in black and white on paper.


Thank you in advance for the advice, and or opinions to this situation.

Lesson Learned, Yes, Do Not purchase anything if you don't have the financial means!

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Originally Posted by joanmt4

... The agreement has been done all via text messages. Is this allowable in court as a "binding contract"? ...

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Probably.
Verbal contracts can be binding, but some written evidence of the terms is better. Text would probably be admitted for that purpose.

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Originally Posted by joanmt4

... TI will make sure at the time of payment to have it all in black and white on paper.
...

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That would be wise.

I'm glad you were able to work it out.