# *SCANDAL!!!!!!!!!!!!!!!!!!!!!* Your opinions needed...



## MrT (Aug 16, 2008)

It has come to my attention recently and after corroborating evidence: there are people, in particular an unnamed person on this forum in my area who is taking in animals for free and selling them on for a profit, usually falsely advertising them as a higher more sophisticated breed than they are, no proof, no papers etc..

Under the SOGA 1972, this is a statutory offence with grave consequences in which us, namely as the consumer are protected.

I write to people today to inquire: what is the general opinion of such persons who have almost utter disregarded to the welfare of the animal(s) and call themselve an animal lover!? I fully and comprehendly understand that there are licences for such practices , i.e. the pet shop trade, in which there are governing rules to protect all.

So before you give your pet away 'free to a good home' really consider what sort of home, or temporary home they are going to, and who knows where your beloved pet will actually end up.

I have noticed, cats, in particular kittens, lizards, rats, guinea pigs and the like are favourable.

Finally to note, If you are selling anything at all, including animals and they are not descript, then you are breaking the law and there are penalties and remedies for this sort of transaction.

That is all, thoughts please,,,,?


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## Marinam2 (Sep 4, 2007)

So long as the animals are being sold to people who know what they are doing and have the ability to care for the animals AND the animals are in a condition suitable for sale then i do not see an issue.

If someone wants to give up their animal for nothing and reliquish all rights as the owner they do not have a say as to what happens to that animal after it has left their hands.

Marina


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## Tops (Apr 26, 2007)

hmm im sure people do this all the time, not just with animals.

Just be careful who you sell to if you care.


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## sparkle (Mar 21, 2007)

be careful who u tell.. many people deny the truth when in a corner!!!!


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## maddragon29 (Oct 16, 2008)

I dont see a problem if someone is offering a temp home, and has to then spend money on vets bills etc. in asking for a small rehoming fee.
but i dont think this should be anything massive.

taking in then selling on just for money is not the way it should be done. but.... unfortunately (as with everything) you're always gonna get cheats that are only in it for their own benefit.


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## gtm (Jan 23, 2008)

MrT said:


> It has come to my attention recently and after corroborating evidence: there are people, in particular an unnamed person on this forum in my area who is taking in animals for free and selling them on for a profit, usually falsely advertising them as a higher more sophisticated breed than they are, no proof, no papers etc..
> 
> Under the SOGA 1972, this is a statutory offence with grave consequences in which us, namely as the consumer are protected.
> 
> ...


Statutory offence????? Sale of Goods Act 1972???? There is one from 1979. If you mean s14(1) - implied term as to description then the innocent buyer can sue to get his money back. However, there may be a breach of the Trade Description Act 1968.

I think it unethical but I don't think any of the animals you refer to will be that bothered who looks after them.


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## Lucifus (Aug 30, 2007)

I have heard of this happening before. If your worried about this happening make the people who rehomed the animal from you sign an agreement that if they need to get rid of the animal for any reason within a year that they will bring it back to you or rehome it for free. Give them a copy and keep one for your records. Though at the end of the day if you know who it is just dont give them any animals.


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## snickers (Aug 15, 2007)

Why would it be illegal or unethical? If I were to give animals or equipment away I'd WANT to give it to a rescue so that any proceeds would go to helping other reptiles.
It's a bit naive to think that if you give someone a healthy snake that they don't want to keep that they will NOT sell it, rescue or not.


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## cooljules (May 20, 2008)

had 3 male bearded dragons come in, 1 so ill didnt think it was going to make it, its fine now 6 months later but cant be rehomed and the other 2, cost a lot in food and leccy etc. and now found nice new homes..didnt make anything from them and guess cost us. Same with a Ig. i can say that about them all..

got a lot that cant be rehomed, or if were, i couldnt really charge, and would tell them the rep is fine now, but wasnt always like that so it might last years, might last 6 months.


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## gtm (Jan 23, 2008)

Lucifus said:


> I have heard of this happening before. If your worried about this happening make the people who rehomed the animal from you sign an agreement that if they need to get rid of the animal for any reason within a year that they will bring it back to you or rehome it for free. Give them a copy and keep one for your records. Though at the end of the day if you know who it is just dont give them any animals.


An 'adoption agreement'? Bottom line is if you give something away you no longer own it & the new owner can sell it if he wants to. Certainly contrary to the spirit of the whole thing but not illegal.


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## Athravan (Dec 28, 2006)

False advertising is just wrong.

If someone rehomes a royal python, and sells it as a royal het albino, then that's wrong. It's misleading in order to push up the price and is basically in my opinion (not sure about the law) fraud/scamming - the deliberate intent to mislead about the item for sale in order to get more money.

People need to be very careful about offering animals for free. I do rehoming, and I cannot tell you the amount of people who are soooo interested until I say well that's fine, when can I come and see your setups and will you sign the agreement? And then suddenly, they disappear. Hmmm.... wonder why.

It is certainly unethical to obtain animals purely to sell them on, if misleading the rehomers, saying you're going to give it a permanent home, etc. People say the animals don't care, but there is quarantine and stress to think about and at the end of the day, the moral thing is to do the best thing for the animal, and to adhere to the owners wishes. So I think it is unethical and immoral to obtain animals by deceit to sell them on.

However, if the person is just saying "I need to get rid", well that's a different kettle of fish. If no strings are attached, then as long as the animals are healthy and the transition as stress free as possible I don't see a problem with it.

There's a big difference between
"I have cancer and need to find a home for my 10 year old beloved dog, who can offer him a long life home where I can keep in touch and maybe visit"
and
"I bought a rabbit and my kid got bored, who wants?"

If you see what I mean.


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## Shelly24 (Aug 28, 2008)

I think if the person taking in the 'free' animals is telling lies such as 'i will give it a home for life' then it is wrong but if someone cannot cope or afford a pet anymore and gives it away i dont see why the person cannot sell it on if they so wish. there is no law against it.

i recently had a horse which in the end i had to admit i could not afford anymore, rather than the horse suffer (as i couldnt afford to feed it anymore) i didnt bother with the weeks of timewasters you get when advertising it for sale, i called up a friend/aquaintance and gave the horse to her, the horse is now for sale for £2500, should i call the police?!! no! i gave the horse away, end of. nothing to do with me what happens to it now.


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## shiftylou (Apr 27, 2008)

Shelly24 said:


> I think if the person taking in the 'free' animals is telling lies such as 'i will give it a home for life' then it is wrong but if someone cannot cope or afford a pet anymore and gives it away i dont see why the person cannot sell it on if they so wish. there is no law against it.
> 
> i recently had a horse which in the end i had to admit i could not afford anymore, rather than the horse suffer (as i couldnt afford to feed it anymore) i didnt bother with the weeks of timewasters you get when advertising it for sale, i called up a friend/aquaintance and gave the horse to her, the horse is now for sale for £2500, should i call the police?!! no! i gave the horse away, end of. nothing to do with me what happens to it now.


it isnt a criminal matter, but however, you could take up civil action for the restitution of the horse.. there is simliar cases where this has occured.


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## MrT (Aug 16, 2008)

gtm said:


> Statutory offence????? Sale of Goods Act 1972???? There is one from 1979. If you mean s14(1) - implied term as to description then the innocent buyer can sue to get his money back. However, there may be a breach of the Trade Description Act 1968.
> 
> I think it unethical but I don't think any of the animals you refer to will be that bothered who looks after them.


Thanks for your reply., HOwever, rather it being an implied term, it can be classified as express term. there is plenty of case law on this, also.... thnk abou tthe breach of UCTA, if you are familiar with it... governing implied terms.. its a bit of an update on the situation  and secondly. Trade description act 1968 s.1
re: illdefined decriptions of goods, in the COURSE OF A BUSINESS.. of course.. with statutory defences.. of mistake, accident and beyond the businesses control...couple with due diligence... but that is all good. becaus this thread isnt about in course of business,, it is about private sale.. who are only covered by the SOGA. and are not goverend by rules of corporate liability. Not sure how familiar you are with Scots contract law. it is however, my specialised field amoung criminal etc.. thanks


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