Internation sale of dog problems - Have I been scammed?

[Jenz]

I live in Australia and in January paid a substantial amount of money, as a down payment, to a breeder in Florida for a show dog. I did all the checks on this person and all came back fine. I got a Contract of Sale and paid the deposit amount. Part of the agreement was that she would keep the dog for 150 days after the rabies titre (needed to get an import certificate) and the dog would be sent to me approximately July, 2012. (This is listed on the contract of sale)
Problem is 4 months down the track and no titre, although so far I've been told of 3 rabies vaccinations since September, 2011 and 2 titres been taken, but no certificate. So the earliest the dog could come here is October, 2012.
Now I'm not getting any replies to emails. Also, I've rung the person and left a message on her answering service, but nothing.
As I have proof of payment, a contract of sale, and various emails of intent from this person can I record, somewhere, my financial interest in this dog?? And, do I lodge a complaint at the small claims court in her state in the U.S. or in Australia??
Is the dog now legally part owned by me?? And, should I contact the AKC for recognition of part ownership?

[sandyclaus]

Originally Posted by Jenz I live in Australia and in January paid a substantial amount of money, as a down payment, to a breeder in Florida for a show dog. I did all the checks on this person and all came back fine. I got a Contract of Sale and paid the deposit amount. Part of the agreement was that she would keep the dog for 150 days after the rabies titre (needed to get an import certificate) and the dog would be sent to me approximately July, 2012. (This is listed on the contract of sale) Problem is 4 months down the track and no titre, although so far I've been told of 3 rabies vaccinations since September, 2011 and 2 titres been taken, but no certificate. So the earliest the dog could come here is October, 2012. Now I'm not getting any replies to emails. Also, I've rung the person and left a message on her answering service, but nothing. As I have proof of payment, a contract of sale, and various emails of intent from this person can I record, somewhere, my financial interest in this dog?? And, do I lodge a complaint at the small claims court in her state in the U.S. or in Australia?? Is the dog now legally part owned by me?? And, should I contact the AKC for recognition of part ownership?

If this person is in breach of the contract, you can sue, but you would have to sue them here in the U.S. You would not be able to recover any costs you incur to come here to file suit, either.

[Jenz]

Thanks for that.

I'm assuming that I just lodge it with the small claims in her state of Florida.

I'm going to try one more phone call, then that's it. I want a resolution once and for all.

One more thing though, if a ruling is made in my favour, what do I need to do then??

[AFFA]

I wish to inform you that it is the terms and conditions of the contract of sale which will have jurisdiction in this matter. Further, it is the dispute resolution clause in the contract of sale if any which will guide. If mediation is stated therein then you will have to go in for mediation. Otherwise, you can file a lawsuit in the legal jurisdiction stated in the contract of sale - California or Australia. Now, it appears the dog was to be sent to Australia 150 days after the rabies titre in approximately July. You have been informed about 3 vaccinations and 2 titre although no certificate has yet been provided. There will be a breach of contract only if a copy of the certificate is not provided on the date stated in the contract of sale. Further, you have made a substantial down payment but not the final payment. The ownership of the dog will be transferred in your favor after meeting the terms of the payment clause as stated in the contract of sale. Generally, it is at the time after full and final payment has been made. If you have met all the conditions as specified in the contract of sale, you may issue a written notice at the address stated in the contract of sale. If the matter is not resolved by the other party, you may file a lawsuit. The burden of proof will be on you to show there was a breach of contract. The court will consider all the facts and decide the matter.

AFF

[Jenz]

Interesting.
the contract of sale states that I was to make part payment immediately, which I did, and final payment when the dog was ready to be shipped to Australia. This means a waybill from the shipping airline. This time frame was stated as 6 months from 17th January, 2012, weather permitting. The contract also states that all vaccinations, paperwork, shipping costs and incidentals are the responsibility of the seller. The buyer, myself, will be responsible for quarantine costs on arrival to Australia only.
The problem I have is that no dog has 3 rabies vaccinations in just over 6 months. I live in Australia, and we don't have rabies here, but even I know you only give an annual vaccination.
Secondly, I'm not about to send more money to a person who is now not responding to any form of communication.
I suppose, technically, the seller is not in breach until the dog does not arrive here on or about July, 2012. But, as I said, it is now physically impossible for that to happen as the earliest he could be sent in October, allowing for the 150 days and that's assuming I get the titre certificate.... now.

[Friend In Court]

How much do you have on deposit with the breeder? If there is any possibility of fraud here, I would pursue that with the authorities. Small claims court is for civil disputes and small ones, at that.

But you may have a complaint for fraud, which is criminal and pursuing that avenue, first, might be your best and easiest remedy.

If you could advise how much money is involved, I may be able to give a more specific answer.

[Jenz]

Sorry for not replying sooner... the time difference is a real nuisance.

We're talking $5000 US.

I want to start action asap as, with no replies from this person for nearly a month now I really believe I need to get things going.

As I live in Australia, who do I contact in the U.S.?? She lives in Florida.

Any help much appreciated.

[Friend In Court]

Once you know the city, locate the county she lives and does business in. Then check out the county government page and you will find the name, address and telephone number for the Florida State Attorney located in that county.

Send a sworn complaint with all the details, notarized, sworn under penalty of perjury and that will constitute a swon complaint the AG can work on. Also send the same complaint to the sheriff of that county.

Five thousand dollars is grand larceny so they should be of help to you. Send all the details and evidence you have, too.