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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32618
Experience:  16+ yrs. of legal experience.
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On May 13, 2013 I bought a 9 month old dog from a place in

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On May 13, 2013 I bought a 9 month old dog from a place in Lisle, Illinois called the Puppy Parlor. I was told that the dog was in good health and so I bought her and paid to have her shipped to me in Tennessee for over $800. The day before yesterday, July 8, 2013 the dog was unable to stand up and walk. I took her to my vet the next morning and after $200 worth of tests he said she had neurological deficits that she was born with and were now showing up and that they were getting worse; she was going blind and deaf and that her liver had a defect and it was not functioning properly. He said there was nothing that could be done - no cure and she would only get worse and she should be put down. That cost me another $80. Do I have any recourse from the person who sold her to me as "in good health"?? Thank you, BJ
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I am sorry for this dilemma do have recourse.

Your protections come from the UCC (uniform commercial code) which governs commercial transactions in the US. Specifically, the warranty of merchantability will apply.

The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults." To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are. For example, a fruit that looks and smells good but has hidden defects would violate the implied warranty of merchantability if its quality does not meet the standards for such fruit "as passes ordinarily in the trade"

So a puppy, sold by a merchant, must reasonably conform to an ordinary buyer's expectations

What you describe? This did not happen. That is, they sold you an animal with defects (much like the fruit with hidden defects).

So you have the right to a refund of your purchase price.

If the seller refuses? You can sue them in small claims court (in IL).

Now..the additional money you spent (the shipping costs and the cost to euthanize the animal) are a bit more complex.

This would be covered by ordinary contract law. Under contract law, you are entitled to foreseeable costs incurred due to breach of contract by the other party. So in this case, if you can prove that the puppy parlor knew, or should have known, about this defect, and sold the puppy to you? You can demand they pay the costs associated with your sale (the shipping costs and the costs to put the dog down)

Again, you can raise this in small claims if they refuse to pay

Customer: replied 3 years ago.

Would I have to go to IL to bring this suit?? And would it be in the city/county of Lisle where they are located?? Could they get a number of continuances that would require me to appear in their court which, of course, would mean that I would have to travel from TN to IL any number of times??

Yes. Since the transaction took place in IL, the suit must be brought in IL. In the county court where Lisle is located. If you contact the clerk of the court for that county court, they can get you the forms needed to file the claim.

Small claims cases typically do not grant continuances...but it is possible they could get one. Not more than one though.
Customer: replied 3 years ago.

The contract states that the puppy is guaranteed for one year, etc. Isn't there any way that I can do this from home?? I'm confined to a wheelchair and unable to travel. Could someone represent me??

I am sorry for this dilemma...but if you want to sue them, you have to file the suit at the location of the transaction.

And you can hire a lawyer to represent you...but that would lower the money you get to keep, since you have to pay the lawyer to represent you or find one to work at no cost....and unless the contract states you can collect lawyers fees, you will have to pay your lawyers fees yourself (you can not sue for lawyers fees unless the contract allows)

Only a licensed attorney can represent can not have a non lawyer appear on your behalf.

I am very sorry to have to bear bad news.
P. Simmons, Lawyer
Satisfied Customers: 32618
Experience: 16+ yrs. of legal experience.
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