Legal Question in Legal Ethics in California
purchaser rights
I bought an English Bulldog for my son. On its 15th week routine visit the Vet. diagnosed this pup with Luxating Patella. A second opinion by a specilist diagnosis confirmed grade 3 stage. Recommends surgery. Price tag of $3000 plus. Also stresses not to breed her which we planned on when she became of age. I was to get first pick of the litter. My son and his wife love this pup like a child.. You see my son is a US MARINE that put himself on the volunteer list to go back to Iraq. After returning alive and stuggling with post mental stress disorder in every day issues, as a mother I tried everything possible to get him off the list. So he agreed to me buying him a English Bulldog pup costing $2000. Is the breeder obligated to re-emburse the cost and help with surgery cost without taking this pup back?
1 Answer from Attorneys
Re: purchaser rights
Probably not.
Was there a provision in the contract with the breeder guaranteeing a healthy pup? (I am assuming you have a copy of the sales contract).
Since the puppy was owned roughly 3 1/2 months at the time you discovered problems, the real question would be whether the breeder knew, or should have known, about the medical condition. (I am assuming the pup is now in the vicinity of 6 months old).
As difficult as things may be for your son, his post traumatic stress disorder isn't relevant here.
The legal issue is really all about the law of contracts, and you are speaking to a dog lover, who has had dogs his entire life, so I am well familiar with breeding, and medical problems.
Legally, the question is whether the breeder knew, or should have known, about the bulldog's problem, or potential problem.
I would suggest retaining an attorney to write a strong letter to the breeder, but, again, you and son and his wife are attached to the puppy and don't want to return her to breeder.
I am sure some compromise can be worked out, if breeder is willing.
Let me know if you need more advice.
Good luck!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
