Legal Question in Civil Rights Law in Arizona

Dog breeder sold dog with genetic disease.

I purchased a Weimaraner puppy from a breeder, and right away the dog showed signs of lethargy, and pain on the head. After attempting to contact the breeder without success we took our new pup to the vet where he was later diagnosed with a genetic disease called Craniomandibular Osteopathy (irregular, painful bone growth of the head). Because we have grown attached to the dog, we have decided to keep it and treat it, even though it will be very costly. Tried and tried to contact breeder (voice mail, e-mail) and eventually did. After much procrastination a cellphone call was dropped and he called back and left a message informing us that he would refund the money that we paid for the dog (still have the message saved). This was almost a month ago and now he will not return our calls, or even answer the phone for that matter. Would we have a case in small claims court?


Asked on 7/26/02, 12:46 am

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Dog breeder sold dog with genetic disease.

This is just the kind of case small claims court is designed for. They cannot provide legal advice, but they will provide the forms and instructions for proceeding with your case. It is inexpensive, fairly quick, and usually satisfactory if you prove your case.

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Answered on 7/26/02, 9:47 am
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Dog breeder sold dog with genetic disease.

It is important that you decide exactly what it is that you want from the breeder. If it is money damages for not receiving what you bargained for i.e. a healthy dog, you can sue for up to Five thousand dollars ($5,000.00), in Small Claims Court, which may or may not cover your veterinary expenses for the treatment of your dog. In which case, you must decide whether you are willing to spend the additional amount on your own, or sue in a higher court for more money. If, on the other hand, you wish to rescind your transaction, that is return the dog for a full refund, you can also do that in Small Claims Court. The important thing is to decide in advance what it is you want to accomplish.

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Answered on 7/27/02, 3:40 pm


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