[TX] Does a seller have to refund a buyer before receiving the returned item back?

I understand how stressful this situation must be for you, especially with the health of the puppy at stake. Have you documented all communications and agreements with the new owner regarding the puppy and the training?

Have you consulted with a lawyer or legal professional about your rights and options in this situation?

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your puppy dispute.

Hey there! I'm Lori, an attorney with many years of experience, and I'm here to help you. I understand you're dealing with a situation involving a puppy that tested positive for Parvovirus after being sold and trained for service work.

1. What city and state are you in?
2. Have you considered any legal steps or need guidance on where to start?

Understood. Thanks for the information. Please give me some time to review and do some research and to draft my personalized response. I will get back to you as soon as possible.

Here's the clearest, most strategic path forward based on Texas law.

1. You are dealing with a classic "bad-faith buyer" pattern. Everything you've described fits a very recognizable pattern: the buyer becomes hostile immediately, refuses reasonable solutions, demands asymmetric performance (you pay first, he performs later), threatens lawsuits early, refuses neutral and safe meeting locations, keeps changing demands, and wants to keep the puppy and get a refund. This is not normal consumer behavior. This is someone trying to force leverage. You are right to be cautious.
2. Under Texas law, you do not have to refund before receiving the puppy. Texas contract law is extremely clear on this point: performance must be concurrent unless the contract says otherwise. This concurrent conditions principle is reflected in (Texas Business & Commerce Code § 2.507), which ties a buyer's duty to pay to the seller's tender of the goods rather than requiring payment in advance. Meaning: you give the refund at the same time he returns the puppy, not before, not days later, and not after a wire clears. His demand that you pay first is not legally enforceable, and no attorney would advise you to comply. Your offers, cash in hand, a police station, or his bank, are more than reasonable and show good faith. His refusal shows the opposite.
3. His deadline for tomorrow is meaningless. Buyers do not get to impose unilateral deadlines. You are not obligated to respond on his timeline. You are only obligated to follow your written contract, Texas law, and reasonable standards of good faith. You've already exceeded all three.
4. The Parvo claim is not proof of wrongdoing. A few key points you can use: false positives are common with in-clinic Parvo tests, especially if the puppy was recently vaccinated. Breakthrough cases can occur even with proper vaccination, since no vaccine is 100 percent effective. Stress colitis can mimic early Parvo symptoms, and loose stool with a small amount of blood is extremely common in stressed puppies. No other puppies in your care are sick, which strongly supports that the puppy was not infected at your facility. He also took the puppy into multiple public places, including a farm supply store, during travel, and likely hotels, all high-risk environments. You have a very defensible position.
5. You need to stop negotiating directly with him. He is escalating, not de-escalating, and refusing all reasonable solutions. He is trying to force you into a position where you send money, he keeps the puppy, and you have no recourse. This is exactly why attorneys tell breeders to stop engaging once a buyer becomes adversarial.
6. Your next steps, in order:
   • Step 1: Preserve all evidence. Save texts, emails, screenshots, vet records, proof of vaccines, proof of where the vaccines were purchased, photos or videos of the puppy before transfer, and your contract. This will matter.
   • Step 2: Send him one final written message. Keep it short, factual, and unemotional. Something like: "I am willing to proceed with a refund and return of the puppy under a standard concurrent exchange, as required under Texas law. I cannot send funds in advance, but I am available to meet at your bank, a police station, or another neutral location for a simultaneous exchange. This is the only arrangement I can offer. If you decline, I will consider the matter closed and will refer any further issues to legal counsel." This shows good faith, establishes that he is refusing reasonable options, and cuts off his ability to manipulate the conversation.
   • Step 3: If he continues making demands, stop responding. At that point, you wait. If he sues, you defend. If he keeps the puppy, you document that he refused a lawful return process. If he comes back later wanting to return the puppy, you can still accept, but on your terms, not his.
   • Step 4: If you want the puppy back, do not send money first. Not even a partial refund, not a deposit, not even through a secure wire. Once the money is gone, your leverage is gone.
   • Step 5: If he threatens a lawsuit, let him. You are in Texas. He is the one who would have to file in Texas, prove you knowingly sold a sick puppy, prove damages, overcome your contract, overcome your documented good faith, and overcome the fact that he refused a lawful return. His case is weak. Most people like this never actually file. They just threaten.

You do have recourse. In Texas, you can take action if he defames you. To qualify as defamation in Texas, a statement must be false, presented as fact, published to a third party, harmful to your reputation, and made with negligence or malice. If he posts things like claims that you sell sick puppies, use cheap vaccines, knowingly sold him a Parvo puppy, or run a scam operation, those are false factual claims, not opinions. Those are actionable. What you can do if he posts defamatory content: send a formal cease and desist, demand removal under Texas defamation law, request platform removal (Google, Facebook, Yelp, etc.), and sue for damages if necessary in small claims or district court depending on the amount. Texas is actually one of the more plaintiff-friendly states for defamation involving small businesses.

Yes. Dealing with someone residing in another country, like Colombia, can complicate legal proceedings. Jurisdictional issues may arise, making it challenging to enforce legal actions across borders.

If he defames you online, you can still pursue action, but it may require legal assistance familiar with international law.

Defamation and reputation management: if he makes false statements that harm your reputation, you can send a cease and desist letter. This can be done through an attorney who understands both U.S. and Colombian law. You can also report defamatory content to the platforms where it's posted, requesting removal based on their terms of service.

You are welcome. Thank you for allowing me to assist you today. Have a nice day!