QUESTION

Can I sue for specific performance and can I do it in small claims court

Asked on Feb 14th, 2016 on Breach of Contract - Florida
More details to this question:
Agreed to purchase a puppy from a breeder and gave a 200 cash deposit, for which I received a hand written receipt stating full purchase price, deposit received, for female puppy of specific breed, date to pick up puppy, money due on pickup and signed by breeder. Breeder now wants to sell the puppy to someone else, probably for more money, and initially refused to even return my deposit. Upon threat of legal action now says they will return my deposit, but I feel this does not make me whole and want this puppy. It is of superior quality and could be worth over 10k although the agreed to,purchase price was less than 2k. Can and will the courts find for specific action and make the breeder go through with the sale. On other thing, she contacted me several weeks after our deal and demanded full payment in cash 6 weeks before delivery and demanded a 25 hour response. I responded to her in turn by email which she says she never received and told her I would put the money in escrow.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
Yes you can seek specific performance. However, this is NOT a case that should be handled pro-se. If the animal is worth over 10K as you claim, then its worth the investment in a lawyer to handle the lawsuit.
Answered on Feb 15th, 2016 at 5:22 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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