Consumer Protection Law
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I'm sorry to hear about your situation. Can you tell me if you shipped the puppies to Maine or personally drove them to his property, or did he come and get them? That is, how did he take possession of the puppies?
Did you see my follow up questions to your issue?
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we shipped the puppies
How did this individual find you? Did you specifically advertise in Maine or a Maine related website / newspaper / etc...?
we advertised on puppies find
Which I assume is a national website, not state based?
it called puppy find
How were you paid?
(by the recipient)
Did you see my follow up question regarding how you were paid?
Thank you. First of all, for this individual to sue you, he would have to have "personal jurisdiction". What that means is that there has to be a connection between you and the state of Maine. Merely shipping something to a state almost never subjects yourself to the jurisdiction of those courts. There has to be more affirmative actions taken by you (such as advertising, or specifically delivering to Maine). Otherwise, the Maine courts would not have jurisdiction, and he would have to sue you in your state. Personal jurisdiction can get pretty complicated, but in short, he would need to show that you had "minimum contacts" sufficient to bring you into court in the state (Maine). A single act of shipping the puppies almost certainly would not suffice.
As for what he could sue you for, that's a bit different. If there's no guarantee or signed contract that specifically states what will happen in such an instance, then he almost certainly doesn't have a case against you. He would have to prove that you knew or should have known about the sickness or propensity to get sick, that you should have told him, AND that you intentionally did not tell him so that he would rely on that silence in buying the puppies. Otherwise, it would be a "buyer beware" situation. Without a warranty and without a knowing misrepresentation that the puppies were healthy, he wouldn't have a case regardless where he would bring the case. It sounds like this is more threats than anything.
So in short, without some sort of warranty or contract this is pretty much an empty threat on the part of this individual.
That's the nature of purchasing a living animal (in that there's always the possibility that something will happen). Only if there was a guarantee or representation that this would not happen would that be actionable.
we had a guarantee for him to sigh and seed back but dident get it. and it was vet checked before it was sent
What were the terms of the guarantee?
in short we replace the dog only if it a disease that we new about
In that case, if you did not know about the disease, and you have the records from the vet to back that up, then even the guarantee would not provide him any recourse.
If there's a guarantee, the terms of the guarantee will be complied with, but that doesn't mean that it turns his case into a winning one.
so i dont have to worry
In short, it appears that there's not any solid basis to his claim against you. Rather, it does appear that he's trying to recoup his expenses, but this is part of the risk involved.
He can still sue you, and if he does, you should respond. If he sues in Maine, respond that the "venue" is incorrect because of personal jurisdiction.
If he sues you in your state, respond saying that there was no warranty and the guarantee pertained only to known issues, which none were known.
If you don't answer, he can get a default judgment against you.
But if you do answer, he would have to prove his case, which it doesn't sound like he could.
So he could sue, but not win.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
do have apear in court
If he sued in Maine, no. You could "collaterally attack" a default judgment (meaning that he would still have to bring it to your state, and once he did, you could tell your court that he had no jurisdiction in Maine).
You could potentially have the hearing as a telephone hearing as well.
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