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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2853
Experience:  30 years of experience
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I bought a purebred with no papers. Bought m sat and Mon had

Customer Question

I bought a purebred with no papers. Bought him sat and Mon had him checked out at the vet he tested positive for a type of mange I tried to get in contact with the seller but no response. So I had to start treatment I was wondering what my options are because the treatment is very expensive and I feel I was sold the dog under false pretences
Submitted: 10 months ago.
Category: Legal
Expert:  Gerald, Esq replied 10 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

There are a couple things that you can do:

1) Litigation.

You can initiate litigation against the seller. You appear to have at least two claims that you can make:

a) fraud - you must be able to show that the seller knew or should have known that the dog suffered from mange.

b) Breach of the implied warranty of Marketability under the Uniform Commercial Code. Under the UCC, adopted by all states, things that are sold into the stream of commerce come with an implied warranty of fitness unless such warranties are specifically disclaimed.

Here is a link to the provision:

https://www.law.cornell.edu/ucc/2/2-314

Depending on the amount of money at issue, you likely can sue in small claims court. This link provides the dollar limits for each state:

http://www.nolo.com/legal-encyclopedia/small-claims-suits-how-much-30031.html

Your local small claims court will have the forms that you need to file. You will have to pay filing fees and service fees.

BUT before you file a lawsuit, you would first send what is called a Demand Letter. The Demand Letter specifies your complaint to the seller and demands reimbursement for your damages. This link shows how to write a good Demand Letter:

http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter6-4.html

2) If the seller is in the business of breeding and selling dogs you may be able to file a complaint with your State's Attorney General Office of Consumer Protection. Filing a complaint with the Attorney General will cost you nothing. So that is a good first step.

You can do either or both of the above actions.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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