Health Problem with Dog just purchased from Breeder

ToscasMom

Harumph™©®
Joined
Sep 15, 2006
Messages
6,211
Likes
0
Points
0
Location
Mother Ship
California law ensures that OP will NOT lose the dog. Also, you don't go to court of claims as the claimant and end up losing the product, it deals strictly with monetary issues and whether a dollar amount should be paid to the claimant or not. OP's Breeder would have to countersue to recoup costs of going to court, which would be interesting since it will be in their own county.
 

malndobe

New Member
Joined
Jul 6, 2007
Messages
46
Likes
0
Points
0
Are you a lawyer, or otherwise in a position to gaurantee this?
It sounds like, at least on paper, ownership of this dog could be challenged by the breeder. The papers are still all in their name, OP doesn't have a contract or bill of sale, etc. I wouldn't want to risk loosing the dog by angering the breeder until I had all the paperwork in order showing I owned the dog, and nobody else had any sort of claim to it.
 

ToscasMom

Harumph™©®
Joined
Sep 15, 2006
Messages
6,211
Likes
0
Points
0
Location
Mother Ship
Nope, just did arbitration for these types of cases for a number of years. Often, they are referred to an arbitrator after initial review, if the two parties agree. It expedites the case because courts are so bogged down. I think I mentioned that earlier in this thread. State laws supercede these contracts. They are written to protect buyers of dogs (they are still considered consumers even if it is a living thing they purchased). The reason some states have included that they do not have to return a dog deals with the emotional issue of loving a sick dog, I am sure. But when a person files a claim in small claims, the issue that is in the claim is dealt with. The claimant is asked what they expect to see happen and that is what the case deals with. If you go to your own county small claims site you will see that it is a monetary court, that is all I am saying. You may not like it but that's how it is.

I say why not wait and see what happens with sbfish's current plan and stop trying to scare him away from doing what he feels is right. Trust me, if his application indicates he doesn't have a case that belongs in court of claims, it will stop there and get his 25 dollars back.

P.S. He paid for the dog and has the receipts to show this. He owns the dog. Besides, do we really think a reputable breeder is going to deny selling a dog?
 
Last edited:

Emmalee

New Member
Joined
Apr 6, 2007
Messages
506
Likes
0
Points
0
Welcome to the forums.. hope all works out..

Maybe next time you get a dog from a breeder make sure you have a contract and read it next time.. perhaps memorize it.. lol ;)

Good Luck!! :)
 

Members online

Top