Legal Question in Product Liability in Arkansas

Puppy Returned to Seller

Purchased a puppy to replace a family pet that died. The new puppy was diagnosed with a heart problem and needed eye surgery. Returned the puppy within 48 hours as stated in contract with doctor's note. No cash returns in contract, but would replace with new puppy. Did not have same breed to replace and would not guarantee that another puppy could be found. Asked for refund and was refused. $650 amount of puppy was removed from credit card when situation was explained. Owner of pet store calls 3 weeks later to inform us that we need to pick up a replacement puppy and he will take us to small claims court if we do not. We were never informed that he was looking for another puppy. We purchased another puppy to replace our puppy that died 5 days later. Do we have to take the puppy they have to replace the one returned and/or pay the $650 if we don't take the puppy?


Asked on 11/21/03, 7:12 pm

1 Answer from Attorneys
Herb Southern The Southern Law Firm

Re: Puppy Returned to Seller

I think you have good argument that you do not have to take the new puppy. If he sues you, defend the suit. You may wish to retain an Atty if you do get sued.

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Answered on 11/21/03, 7:20 pm


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