Q: can I sue the person who sold me a sick puppy?

A: That's a sad story. If you can prove that the puppy was sick when you purchased him/her, I think you should go to small claims court on this. Good Luck.

A: Assuming that seller is a breeder (seller of 3 or more litters within 12 months that were bred and reared on premises), your remedies are set forth in section 122070(a) & (b), which provides in pertinent part that, if the dog becomes ill within 15 days of your physical possession, and then dies, you can obtain a refund for the purchase price, sales tax, and reimbursement for reasonable veterinary fees for diagnosis and treatment not to exceed the purchase price of the dog.

Assuming that the seller is a retailer, then sections 122140, et seq will apply. Under section 122160(a), since the dog became ill within 15 days of delivery, you were entitled to a refund of the purchase price, sales tax and reasonable veterinary fees for diagnosis and treatment, not to exceed the purchase price. Again, you have a rebuttable presumption that an illness existed at the time of sale. (section 122165(a)). You are supposed to submit a written statement from a veterinarian licensed in this state that the dog died from an illness that existed before delivery. (section 1222170).

Refunds and reimbursement shall be paid within 10 days of receipt of the veterinarian's statement. (section 122180(c)). If you and the dealer fail to reach agreement within 10 days after receipt by the dealer of the veterinarian's statement, you are entitled to initiate an action in court to resolve the dispute. (section 122185). Here, the dealer's attempt to extend payments over 5 months is in clear violation of section 122180(c). If the dealer's denies reimbursement in "bad faith", you would be entitled to attorney fees in seeking recovery of the available remedies.