Legal Question in Disability Law in California

puppy lemon law versus private contract

if you sell a puppy with a health guarantee that says you are not responsible for any accidents, ailments or conditions in the one year guarantee or the pups lifetime but you do guarantee against hip dysplasia and eye problems and they buyer signs it and then the pup gets sick 5 days later and he wants to sue for 4 times what he paid for the dog. i offered a full refund but he wanted the outrageous vet bill which was double the sales price. in small claims court, would the private health gurarantee he signed which states '' i have read, understand and agree to the above terms'' stand up or would the lemon law prevail that says he can keep the dog( he wants to) and get 150% of the selling price. he then added $2500 in punitive damages which the deputy who served the supeona said he was not going to get as she spoke to me for half and hour and believed me when i told her the pup was more than healthy at 12 weeks old when it went home.

thanks,

tracey


Asked on 7/31/08, 7:04 pm

1 Answer from Attorneys
Samuel Salazar Law Offices of Samuel L. Salazar

Re: puppy lemon law versus private contract

This appears to be a regular contract issue. I am not an expert in "lemon law" so make no comment with regards to the Lemon Law.

However, it appears that you made certain guarantees reagarding specific ailments. I am not sure from your question if the puppy became sick from one of the ailments that you guaranteed. I suggest you try and resolve the matter, but if you can't, the Judge can hear the matter in Small Claims Court and most likely would not award punitive damages. If the matter goes to Civil Court (outside of Small Claims Court) you should consult an attorney who practices Lemon Law

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Answered on 8/01/08, 6:06 am


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