Pittsburg, CA asked in Contracts, Lemon Law and Small Claims for California

Q: breeder rights in CA? buyer refuses to pay for Puppy. what rights do i have in CA as a breeder to get payment?

Buyer came and purchased a puppy from me with a check. after a Day he informed me that the puppy was ill with kennel cough and stopped payment on the check. the buyer has not provided any information from a vet showing that the puppy is ill and refuses to bring the puppy back for a refund or to allow my vet to see the puppy to confirm the findings. what rights do i have in CA to get my puppy back? or to get payment on the puppy?

The CA Puppy Lemon seems to offer a lot of protections to buyers but not much to seller.

Kennel Cough is Highly contagious I still have his brother at home and he does not have kennel cough. the fact they cancelled the check then refuses to allow me to contact the vet or show any evidence of the illness is what concerns me.

2 Lawyer Answers
Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
Answered
  • Rohnert Park, CA
  • Licensed in California

A: On the assumption that the puppy is valued at less than $10,000 … first, schedule an initial free consultation with an attorney by video call or telephone call … then, you will want to file a small claims court action as soon as possible.

Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Los Altos, CA
  • Licensed in California

A: The CA puppy lemon law is in place to protect consumers from unscrupulous breeders. Assuming you are not one, find it, read it, abide by it. It's pretty short and in mostly plain English. When all conditions and dates have been or have not been complied with, seek more help from counsel.

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