What decides it

1. Messages can change the deal

A real case: the promise counted more than the contract

A breeder sold an older puppy to a buyer in another province. The written contract offered a replacement only for a serious health diagnosis, excluded refunds and said temperament wasn’t covered. It said nothing about what the buyer would get if the breeder took the dog back.

When the puppy didn’t settle, the breeder agreed to take it back and offered a new puppy, later a kitten instead. The buyer sent the dog back. Months of messages about travel followed, but no new animal ever came. The breeder then said the returned dog had been badly underweight.

The small-claims tribunal ruled for the buyer.^[1]

• The breeder’s messages were an enforceable change to the agreement. The buyer had agreed to send the dog back because of them, even though the problem was temperament.
• The breach was taking the dog back and not giving what was promised.
• The new excuses didn’t hold. Her own photos and video didn’t show an underweight dog, there was no vet evidence, and she kept offering a replacement after raising the concern.
• Ordering a new animal wasn’t practical after everything that had happened, so the tribunal ordered a refund of the price, plus interest and the buyer’s fee.

2. What you agreed decides, not what the buyer hoped for

The same tribunal has also ruled for breeders. The difference was what had actually been agreed.^[1][2][3]

3. Act honestly and reasonably

In the second case, the breeder had promised a further payment once the puppy found a new home. Instead, the breeder kept him. The tribunal looked at whether the breeder had acted in good faith, meaning honestly and reasonably. The puppy’s welfare was a legitimate reason: he was nearly grown, deeply attached, and a move would have been hard on him. The breeder didn’t have to keep searching once keeping him was better for him.^[2]

What it means for you: honesty and the dog’s welfare are taken seriously. Explanations made up afterwards are not.

Step by step

1. Collect everything: the contract and every message since the sale. Make a short timeline of what you offered and when.
2. If you’ve made a promise, keep it, or agree a change in writing. For example: “Instead of a new puppy, I’ll refund X by [date].” Don’t just let it fade.
3. If you haven’t promised anything yet, decide first. What will you actually do if this puppy comes back? What will it cost you in care, a vet check and finding a new home? When can you deliver?
4. Get a vet check soon after the puppy is back, from a vet you both trust if possible. If you have a concern, such as weight or health, it needs to be recorded then, not raised months later.
5. Keep the buyer informed. Silence and shifting conditions made things worse for the breeder in the first case.
6. If it can’t be settled, offer mediation, or answer every letter and meet every deadline if it goes to a tribunal or small-claims court.

How to prevent it next time

Write a clear return clause into your contract:

• When you take a puppy or dog back: at any age, for any reason?
• What happens to the money at different times, for example a full refund within the first days, a part refund later, or a part refund once rehomed.
• Who pays and arranges transport.
• A vet check on return: by which vet, within how many days, and what it’s used for.
• Whether a replacement is offered, and by when it must be delivered.
• That temperament problems are handled through the return clause, not left out completely.

And in everyday contact:

• Answer warmly, but don’t promise in the same message. “Let me think about the best way to help, and I’ll come back to you tomorrow.”
• Confirm every agreement in writing, in one message that sums it up.

What we can’t tell you

We haven’t seen your contract or your messages, and consumer and contract law differ between countries and states. We can’t tell you what you owe in your case. A lawyer where you sell can, once they’ve read them.