Legal Question in Consumer Law in Illinois

Puppy protection
I purchased a puppy from a lady in Texas. I had to send $100 with a contract.10 days before shipping she says the puppy has a hernia and she will take $100 off for the surgery or replace with another puppy when she gets one. She knew I purchased this puppy because of the genetic make up, that I wanted to breed her and I would have her by christmas. I told her I want my money back. She states her contract says no refunds replacements only. In her contract 4.BREEDER warrants that this puppy has been wormed and vaccinated in accordance to its age, and both parties agree that it appears apparently healthy at this time.
5. BUYER agrees to have this puppy examined by a veterinarian within 48 hours of delivery. IF, after examination by a veterinarian acceptable to both parties, the puppy is determined to be IN POOR HEALTH , puppy MAY BE RETURNED to the seller WITH A WRITTEN REPORT FROM THE VETERINARIAN. The seller will replace the puppy with another puppy as soon as one is available of the same sex and value. Well I never received the puppy. Now she e-mailed me and said the sick puppy will be shipped to me Friday and I can take it to my vet and send it back to her for a replacement. Do I have any rights?

Asked on 12/15/03, 3:07 pm

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

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Re: Puppy protection

Without reviewing the entire contract, I couldn't give you a definitive answer. BUT, I don't think this sounds like someone from whom I would even consider buying an animal. Someone who would send you a dog she knows to be sick, only to have you turn around and send it back does not care much for animals, and I would be afraid of how the animals were treated in her care.

Answered on 12/15/03, 3:13 pm

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