Q: I purchased a deformed puppy and the breeder refuses any type of refund. Do I sue?
I paid full price for a puppy. I bought it as a pet with the intention of breeding. When I took her for the first vet appointment I learned of a disability and my vet said she shouldn’t breed. I asked the breeder for a refund and she refused. She said I could return the puppy and be on a waiting list for another with no given date of when another puppy would be available. There was not any type of contract. Is this adequate for a small claims case?
A:
The question is was it the type of deformation that a breeder should have been able to spot--not all such deformations are able to be detected without specialized knowledge. As the person claiming, it's on you to show through expert testimony that the breeder had to have known about that.
Financially you are limited pretty much to the purchase price in small claims.
A:
The question is was it the type of deformation that a breeder should have been able to spot--not all such deformations are able to be detected without specialized knowledge. As the person claiming, it's on you to show through expert testimony that the breeder had to have known about that.
Financially you are limited pretty much to the purchase price in small claims
Please note; I am not a Texas attorney, and Texas may have special laws regarding the duties--or lack of duties--of a) a breeder in general and b) a breeder of domestic animals. You would also want to look at the regulations of whichever agency regulates breeders of animals.
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