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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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We purchased a dog from a breeder for $3500 in which he was

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Customer: We purchased a dog from a breeder for $3500 in which he was kept for an extra month for boarding. In the meantime while the dog was still with the breeder, we had multiple calls and check ins with her to make sure he was the right fit for our lifestyle and living conditions. In the contract there is no size guarantee but we were told our dog would be around 30-45lbs. We picked him up at 4 months and having been reassured that our apartment in the city would be a good fit for him we were confident that we would adjust. After just 8 days, we realized he was depressed and developing separation anxiety and contacted the breeder to seek out options in the best interest of the dog. She refused to take him back and suggested we post an ad to rehome him for a reduced fee. In the contract it states that the dogs should be able to return home to the breeder if anything happens. In a rehome situation, the contract is null. We ended up finding a family that couldn't afford the fee and rehomed him since it was the best environment for him. Question is: Should the breeder give us another puppy considering she misinformed us of the dogs needs? Can we get anything back for her not being able to take the puppy back and giving us the only option to rehome?
JA: Thanks. Can you give me any more details about your issue?
Customer: We purchased a dog from a breeder for $3500 in which he was kept for an extra month for boarding. In the meantime while the dog was still with the breeder, we had multiple calls and check ins with her to make sure he was the right fit for our lifestyle and living conditions. In the contract there is no size guarantee but we were told our dog would be around 30-45lbs. We picked him up at 4 months and having been reassured that our apartment in the city would be a good fit for him we were confident that we would adjust. After just 8 days, we realized he was depressed and developing separation anxiety and contacted the breeder to seek out options in the best interest of the dog. She refused to take him back and suggested we post an ad to rehome him for a reduced fee. In the contract it states that the dogs should be able to return home to the breeder if anything happens. In a rehome situation, the contract is null. We ended up finding a family that couldn't afford the fee and rehomed him since it was the best environment for him. Question is: Should the breeder give us another puppy considering she misinformed us of the dogs needs? Can we get anything back for her not being able to take the puppy back and giving us the only option to rehome?Read more: http://www.justanswer.com/law/2727g-won-lawsuit-against-dog-breeder-assets.html#ixzz3wZbr1T6j
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Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good morning. I certainly understand the situation and your concern. If the breeder misrepresented something to you, which you relied on, you could have grounds to file suit for damages suffered. However, there is also an obligation on you, as the buyer, to perform your own due diligence and research, to see if this is the right dog for you. Not every dog acts and behaves as described and the breed would call for, so there is always a chance that the dog will be bigger or smaller, wilder or calmer, etc. In this case, unless you can show a false representation, the breeder would not have a legal obligation to give you another dog or refund your money, as a result of the dog not being suited for city life and the environment which you were able to provide. Moreover, she can not be forced to take the dog back, unless that was a condition of the contract, in the event that you did not want it. You would need to see if there was any other language in it, in reference to the dog being sent back if anything happens. That is the vague statement and could be one sided and apply to their decision. I know this is not ideal but your best argument is going to be if there was a breach of the contract, since that is what is in writing and going to control and you can show they were at fault.

Expert:  LegalKnowledge replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  LegalKnowledge replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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