Sacramento, CA asked in Animal / Dog Law for California

Q: I bought a puppy from a breeder in California. I recently found out my puppy has an hereditary condition.

I paid 3000 for the puppy. I don't think the breeder will do the right thing. What can I do?

Related Topics:
1 Lawyer Answer
William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: First, give the breeder notice of the defect, with a written veterinarian certification that states within one year after the purchaser has taken physical possession of the dog after the sale by a breeder, that the dog has a congenital or hereditary condition that adversely affects the health of the dog, or that requires, or is likely in the future to require, hospitalization or non-elective surgical procedures, and ask for one of these remedies:

"(1) Return the dog to the breeder for a refund of the purchase price, plus sales tax, and reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed the original purchase price of the dog, including sales tax.

(2) Exchange the dog for a dog of the purchaser's choice of equivalent value, providing a replacement dog is available, and receive reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed the original purchase price of the dog, plus sales tax on the original purchase price of the dog.

(3) Retain the dog, and receive reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed 150 percent of the original purchase price of the dog, plus sales tax."

codes.findlaw.com/ca/health-and-safety-code/hsc-sect-122070.html

In order to be entitled to those remedies, the person from whom you purchased the dog must qualify as a breeder. The Polanco-Lockyer Pet Breeder Warranty Act defines a breeder as a person, firm, partnership, corporation, or other association that has sold, transferred, or given away all or part of three or more litters or 20 or more dogs during the preceding 12 months that were bred and reared on the premises of the person, firm, partnership, corporation, or other association. codes.findlaw.com/ca/health-and-safety-code/hsc-sect-122045.html

If the breeder refuses, you can sue in Small Claims court. An attorney can help you prepare the necessary paperwork and get the suit filed and served if you are uncomfortable doing this yourself.

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.