Legal advice for dog purchasing problems

Questioner

I reserved a dog from a breeder abroad and transferred a considerable amount of money for this. This amount included castration costs and transport costs. The dog was supposed to be placed with me. But because I cannot provide the care myself, I had agreed to do it with someone else. The breeder does not agree with this and does not want to give the dog anymore. She makes up all kinds of excuses and claims that I lied and she is breaking off the sale. However, I will not get my money back and I will not be able to contact her anymore. But how I arrange things with the dog is my responsibility, isn't it? She has no say in that, right? I have made a full payment, so now I am entitled to the dog, right? Am I within my rights and what can I do?

Lawyer

Where did you buy the dog? Through distance selling on a website or by phone? Which country? You need to enforce performance and put the seller in default.

Questioner

I have had contact with the breeder via Facebook chat (everything saved). Clear agreements have been made here. It is a well-known breeder in Austria. I try to force something but she ignores my messages. But she is still online and posts things publicly about her kennel and upcoming puppies. I have also heard that she wants to resell "my" dog. I do not know her personally. But she very often delivers puppies to the Netherlands so she regularly makes trips to the Netherlands.

Lawyer

Because you act as a consumer and the seller is a professional, Dutch law applies and you may enforce compliance under Dutch law, which does not mean that the dog will be sent to you. In order to encourage the other party to do so, a well-founded legal text is required, which makes it clear to the other party that there will be legal consequences without compliance.

Questioner

I am not familiar with this at all, but how do I get a well-founded legal text? And what do you think the costs are for this? I have no idea how to proceed now, especially since I can't get any contact from the breeder at all.

Lawyer

Yes, that's the problem: if you try this yourself, you won't be taken seriously. Maybe I can create a legal email for you. Please contact me.