Legal Question in Consumer Law in Michigan

bad dog

Do we have legal recourse if we purchased a dog from a breeder based on the breeders claims that the dog is healthy, crate-trained and housebroken, but the dog was sick and untrained when we got it? The purchase contract states that the seller does not guarantee the health or behavior of the dog, but the breeder stated online and in emails that the dog was completely healthy and trained. The purchase was made through PayPal and the dog was flown to us, so we never personally visited the breeder's kennel or saw the dog, other than in pictures.


Asked on 12/28/07, 11:11 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Sales Contract Merchandise Misrepresentation, As Is Sales, Consumer Law

As usual, I could not begin to advise you without seeing your paperwork. The "as is" contract language, clearly stating that there was no warranty, would probably control. Earlier misrepresentations may or may not survive the formal contract acceptance, depending upon contract language. If there is a "merger" clause, indicating that all prior representations and understandings are merged into the transaction and therefore did not survive your acceptance of the contract, your case against the seller could be very hard to win. There is also a "due diligence" argument against you for purchasing the dog sight unseen. Good luck!

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Answered on 12/29/07, 12:44 pm


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