Salt Lake City, UT asked in Consumer Law, Animal / Dog Law and Small Claims for Utah

Q: Am I entitled to a refund or reimbursement of vet expenses for a puppy I bought with undisclosed health problems?

We bought a 6 month old puppy through KSL classifieds two months ago. We took her in to be spayed two weeks later and learned that she had a severe bladder infection along with blatter stones and crystals. The cost of diagnosis and treatment exceeded the cost of the puppy. On top of that, we learned that the puppy almost certainly has an eptopic ureter which causes her to constantly drips urine. The test to confirm and treatment will cost $3,000. The previous owner confirmed today that he was aware of the dripping. He did not tell us about it when we asked about her health or if there was any other information we should know about her. Are we entitled to a refund for the puppy or reimbursement of vet bills? Both us and the seller live in Utah.

1 Lawyer Answer

Wesley Winsor

Answered
  • Saint George, UT
  • Licensed in Utah

A: Hi,

I am sorry for your situation. Utah is a buyer beware state. There are some enhanced duties if the seller is a "merchant" meaning that they do this for their profession, but unless he actively hid it from you or represented that the puppy definitely did not have eptopic ureter then I am not sure you have a claim.

I am not sure the seller would even know about that condition or could properly diagnose the condition even though he had noticed dripping.

You may want to get another opinion, but from the facts you presented, I am not sure you have a very good case for either Vet's bills or the dog itself.

I hope this helps inform your decision and/or understanding of the issues.

Wes

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.