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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 45720
Experience:  32 years of experience practicing law and a businessman.
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Me and another girl both bought puppies from a breeder who

Customer Question

Me and another girl both bought puppies from a breeder who lied to us about the parents being health tested, their pedigree line, and also stated in her pet contract she guarantees the puppies to be free of All hereditary defects. Two of our puppies have severe underbite problems that will cost us tons of money in the long run. Underbites in poodles is concidered a hereditary defect. Can I sue her for false advertising of health tested parents and pedigree and for not upholding her contract to guarantee the puppies free of all hereditary defects?
Submitted: 12 months ago.
Category: Business Law
Expert:  Richard replied 12 months ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. Yes, you absolutely have recourse here. What you want to do is raise the stakes on your seller so that she knows that not complying with your demands is going to cost far more in the end than simply giving you your refund now. You should send her a certified, return receipt requested letter detailing the history and demanding that she refund your money in total within a short specified period of time. Inform her that if your demand is not timely complied with, you will have no choice but to file a suit against her for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice actions, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Upon winning your judgment, you can then attach any assets and bank accounts of seller to collect that judgment.



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Customer: replied 12 months ago.

What if she tries to offer us a replacement puppie instead of cash? Would we have to agree to give our puppies back that we have had for 4 months now and become attached to as family members? Because I think that is what she is going to try to do is offer us replacement puppies. But we do not want to give back our puppies that we've alreadygrown attached to .

Expert:  Richard replied 12 months ago.
Thanks for following up. You have the leverage here; not your seller. Due to her actions, you do not have to accept replacement puppies. Also, if you want to keep the puppies, you have the right to demand or sue for the damages caused by the misrepresentations rather than seek a refund. The choices belong to you, not the seller.
Customer: replied 12 months ago.

What if we agreed to accept replacement puppies but with the stipulation we're not givinf back our puppies. We have not decided what we are going to do yet but just wanting to know all our options

Expert:  Richard replied 12 months ago.
Given the misrepresentation, you do have a good bit of bargaining position, but the court would limit your damages to trying to put you back in the position you would have been in had you received healthy puppies. Given the costs you have expended on these puppies plus the diminution in value, you could use that to trade for the right to new replacement puppies plus keeping the ones that were misrepresented.
Customer: replied 12 months ago.

Well one of the problems is that she only gave 1 contract to the other girk who bought a puppy and would NEVER give me my contract. But would she be held to uphold the contract she gave the other girl for her puppy for me also? Because obviously I can't get one from her now because she will only change it from what the original one said. But I asked her repeatedly for 5 months to send me my contracts and she refused. Also she refuses to send me my AKC papers on my puppy.

Expert:  Richard replied 12 months ago.
It doesn't make any difference whether or not you have a written contract. The lack of a written contract can be overcome by the concepts of promissory estoppel, detrimental reliance, and unjust enrichment. This situation arises when Person A relied upon the verbal agreement, Person A performed based on such reliance, and because Person B defaulted, such reliance is now to Person A's detriment. Where there is i) partial performance by Person A based upon the mutual promises, ii) Person A relied upon such promises to perform, iii) Person B's failure to perform would be to Person A's detriment, and iv) result in Person B being unjustly enriched, Person A can overcome the legal requirement that the agreement be in writing. Your situation satisfies the foregoing elements and with the added misrepresentations and fraud, you have not only a valid breach of contract claim, but the fraud and deceptive trade practice claims.
Customer: replied 12 months ago.

Last question. I live in Texas but the other girl lives in Missouri and the breeder lives in Texas. Would we be able to have a joint law suit against the breeder or would we both have to file separately since she lives in another state? She is more then willing to come to texas if this ends up going to court to have a joint suit against her.

Expert:  Richard replied 12 months ago.
No worries...I'm here to help. Since both your claims can be tied basically to the same transaction, you should both be able to file one suit against the same defendant with the two of you being co-plaintiffs. It's not likely the court would require you to separate the claims. You would need to file this claim in Texas since the breeder lives in Texas.
Customer: replied 12 months ago.

Awesome. Thank you so much for your help. Is there anything I can do to prevent her from doing this to others? She has other puppies she is trying to sell advertising them as the parents being health tested and they are not. She is a scam artist. Charging $2900 for AKC standard poodles from health tested parents and pedigree lines they don't come from.

Expert:  Richard replied 12 months ago.
You're welcome...it's my pleasure to help. One, you can contact the AKC and the Better Business Bureau. Two, you can insist upon filing your suit and getting a fraud and deceptive trade practice judgment so that will be on her record should someone look.
Richard, Attorney
Category: Business Law
Satisfied Customers: 45720
Experience: 32 years of experience practicing law and a businessman.
Richard and 3 other Business Law Specialists are ready to help you
Expert:  Richard replied 12 months ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/
Expert:  Richard replied 12 months ago.
Thank you also for the bonus! I appreciate your kindness!!!
Customer: replied 12 months ago.

A new question has come up if you can stilk answer. If these puppies were part of a shared litter between two breeders (one owned the mom and one owned the dad) both breeders won't be held liable will they? Because all of the business and communication was only done through the 1 breeder and the other breeder had nothing to do with all the lies and deception. She's just now finding out about all the horrible things this other breeder has put us through.

Expert:  Richard replied 12 months ago.
Only the one that you misrepresented things to you will be liable; only if it could be shown the other breeder knew or should have known what the breeder you dealt with was doing would the other builder have the same liability. :)
Customer: replied 12 months ago.

But the other breeder would have to be able to prove that she knew and that would be a separate suit that the breeder would have to file against the other breeder. Correct. It would have nothing to do with our case.

Expert:  Richard replied 12 months ago.
That is correct...that would be between the two of them. Your privity of contract is with the breeder with whom you dealt.
Customer: replied 12 months ago.

So if we file a fraud and deception case against the breeder we would beable to sue her for all 4 of the puppies we purchased from her . Not just the two with the hereditary defect. Correct.

Expert:  Richard replied 12 months ago.
You will be suing for your damages suffered due to her deception. If two of the puppies were perfectly normal, it's not likely a judge will award any damages for puppies that were normal since you had no damages. there.
Customer: replied 12 months ago.

Even if the 2 puppies that are normal are not worth the $1300 we paid for them thinking they came from this great pedigree and health tested parents?

Expert:  Richard replied 12 months ago.
If you can show that there is a diminution in value because they don't have the pedigree they were represented to have, then, yes, you can include them in your suit. I'm sorry...I misinterpreted what you were asking...my apologies!! :)
Customer: replied 12 months ago.

That is fine. It is hard to ask questions when you only know part of what I know. But between the 4 dogs (she bought 2 and I bought two) she made close to $4500 off us from lying.

Expert:  Richard replied 12 months ago.
You should totally be compensated for any damages you've suffered, including overpaying for normal puppies that lack the pedigree that was represented. :)
Customer: replied 12 months ago.

Okay. Because if we would have known what we know now we would have NEVER bought any dogs from her.

Expert:  Richard replied 12 months ago.
I agree....You did not get the full benefit of your bargain due to their misrepresentations...thus you are entitled to your recovery. If you don't mind, I would appreciate you letting me know the end result of all this with your sellers. Thanks and have a great day!
Customer: replied 12 months ago.

I definitely will. Also can you tell me what is the legal way of warning people on certain sites such as Facebook to beware of her because she is lying? I don't want her to say we are slandering her or something but I think people should be aware that she is a liar

Expert:  Richard replied 12 months ago.
Thanks. I would actually suggest you not get yourself involved in Facebook etc. You don't want to be involved in a lawsuit for defamation and even though the truth is a defense, defending such a lawsuit can be expensive.
Customer: replied 12 months ago.

Okay thank you. I will let you know the outcome of all this

Expert:  Richard replied 12 months ago.
Thanks! I look forward to hearing!
Customer: replied 11 months ago.

Could you tell me what kind of attorney I need to contact to have a properly written letter written up to send the breeder?

Expert:  Richard replied 11 months ago.
Hi there. Any civil practice commercial lawyer can do this for you. Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school. This is not a complicated case so you would only need a 1-2 year lawyer rather than a more experienced lawyer with the higher billing rate that comes with that experience.

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