Legal Question in Legal Ethics in Florida

My dog is believed to have demodex and its a hereditary issue according to a vet that my friend took the sibling of my dog to which she has papers stating that her dog definetly has demodex and the vet told her the breeders are resonsible for the vet costs since its a hereditary issue. We are having issues with the breeders who do not think they are responsible for anything. They are 3 months old now and they claim that we only had like 30 days after purchase to take them to a vet and get them looked over and notify them of any issues but i looked up laws on flsenate.gov chapter 828 and saw otherwise...in summary from what i understood:

- 828.29 Dogs and Cats transported or offered for sale; health requirements; consumer guarantee--

and in section 5 from what i read and understood we have within a year following the sale of an animal a licensed vet of the consumers choice to certify that the animal was unfit for purchase due to a congenital or hereditary disorder which adversely affects the health of the animal...then in the pet dealer shall afford the consumer the right to choose one of the following

a) return the animal for refund of purchase price and reimbursemnt of reasonable vet costs directly related to

b)the right to return the animal for an exchange of another that is of equivalent value and reimbursement of vet costs

c) the right to retain the animal and recieve reimbursment of vet costs

What should i do?


Asked on 12/07/09, 4:35 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

The statute requires a vet's certificate that your dog was unfit for purchase. If the condition it has qualifies, then you can return it. You will need to see a vet and get the required certification.

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Answered on 12/12/09, 6:12 pm


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