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I adopted 2 dogs from a rescue in Abilene. I commend you! Rescued dogs I find to be the best of man's friends (or women's, as the case may be).
When I got them home I realized they were very ill. I let the person I adopted them from know and she agreed to return my adoption fee of 400.00. I did sign a contract
Did the contract indicate that you were adopting a healthy dog? Or one that did not have any "apparent" health issues other than those disclosed?
but she on more than one occasion via e-mail said she would return my money.
Could I take her to small claims court?If the contract indicated that you were adopting a healthy dog - yes, I believe you can. You can also include a claim for the vet bills you must have incurred to get them well or otherwise treat them. Those vet bills will prove the dogs were sick and will also likely show that clearly they were sick before you got them (since it showed up upon getting them home, which was presumably close in time to when you adopted/picked them up).
It may be that when you make it clear that you will be suing for her breach of the contract and return of your adoption fee, that you will be including a claim for those vet bills of $hundreds of dollars.....however, if she wants to settle now for the adoption fee, you will absorb the cost of the vet....She may bite (no pun intended).
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