VIC Sale of dog

[Gabriel1]

Hi, We have a 4yr old Harrier we rescued from a Rescue place Easter 2022. She's an escape artist & has the worst separation anxiety I've seen in a dog. She won't be left alone without doing anything within her means to try & get out. When we 1st left her alone inside she destroyed our living room blinds. Outside she tries to dig under the colorbond fencing. She's also moved pots that are so heavy we need a hand trolley to move them & removed other blockages so she can squeeze through a gap between one side of the fence & garage. We've tried everything. When we bought her she had a medical disclosure. She has spondylosis and bridging new bone growth in between her 2nd & 3rd lumbar vertebrae. There is also narrowing of the interverterbal disc space in that area. According to her paperwork, part of what the vet said was, "While she is currently moving around well we cannot guarantee that this will always be the case and her spine and spinal problems may occur in her future. In some cases this can improve with rest & anti-inflammatory medications but in advanced cases, especially with neurological impairment specialist surgery and treatment may be required. These may carry a cost." This form had to be signed. If we sell her, is it enough to write something such as I, as per the letter above, I blah blah, being the new owner acknowledge the above veterinarian medical information and understand and acknowledge the above health conditions as it's written on the original paperwork? Also, if we sell her can we be made responsible, in particular financially for any damage she may do to the new owners property?
Please, no flaming. This is upsetting for us. We love her & aside from the fact we are prisoners in our own home, unless we are going somewhere we can take her, she's a beautiful, intelligent, gentle dog. She does have medication for her anxiety but it doesn't stop her from escaping.

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[Tim W]

In short and simple,
you have a duty under the general law of contract
to disclose to a might-be buyer
any information that you know (or reasonably should suspect)
might be relevant to their decision to buy, or not to buy, the dog.

Pompously worded home-brew exclusion clauses won't cut it.
The absolute least you should do is
disclose everything that the vet and (any other animal care professional) has told you
and disclose the damage that the animal has done to you personally.
To do otherwise is called "lying by omission".
And yes, lying by omission could see you liable for future damage that the dog does.

 

[Gabriel1]

In short and simple,
you have a duty under the general law of contract
to disclose to a might-be buyer
any information that you know (or reasonably should suspect)
might be relevant to their decision to buy, or not to buy, the dog.

Pompously worded home-brew exclusion clauses won't cut it.
The absolute least you should do is
disclose everything that the vet and (any other animal care professional) has told you
and disclose the damage that the animal has done to you personally.
To do otherwise is called "lying by omission".
And yes, lying by omission could see you liable for future damage that the dog does.

Thanks Tim. So, if I give them the medical disclosure we have & I write something that states that she will destroy property if left indoors alone, will find ways to escape if left alone outside because of her separation anxiety then both us & the buyer sign it there'd be no recourse because I'd disclosed it?

 

[Tim W]

Thanks Tim. So, if I give them the medical disclosure we have & I write something that states that she will destroy property if left indoors alone, will find ways to escape if left alone outside because of her separation anxiety then both us & the buyer sign it there'd be no recourse because I'd disclosed it?

Certainly make all the disclosures. That is your duty in any event.
But, human beings being what they are, that may not stop somebody from trying the angle of "He didn't tell that it would be that bad..."
even if it did make it much easier to defend.
As to the second part, please refer to the the bit where

Pompously worded home-brew exclusion clauses won't cut it.

Truth be, if you are that worried about it, then get a sale document drawn up by a lawyer

 

[Gabriel1]

Certainly make all the disclosures. That is your duty in any event.
But, human beings being what they are, that may not stop somebody from trying the angle of "He didn't tell that it would be that bad..."
even if it did make it much easier to defend.
As to the second part, please refer to the the bit where Truth be, if you are that worried about it, then get a sale document drawn up by a lawyer

Thanks for the solid advice Tim. I appreciate it.