Legal Question in Consumer Law in Missouri

Delivery of Promised Pedigree Dog

We are located in Southern California and purchased, via an internet advertisement, an English Bulldog pedigree puppy located in Williamstown, Missouri. Payment was send (personal check), and cleared our bank (Calif) on Monday (Oct 20). The breeders have stated they cannot ship the dog due to the weather; we contacted the airlines and they stated they can ship the dog at night (weather must be between 45 and 75 degrees to air ship a snub nosed dog). we contacted the breeders to state same and to arrange a shipping date; they are now stating they cannot ship the dog until they bring in their bean crops (?!) We feel at this point we will be out the money ($1700) and no dog to show for it.

What recourse, if any, do we have?


Asked on 10/24/03, 12:55 pm

3 Answers from Attorneys
Siamak Pishvaee Pishvaee & Bavar

Re: Delivery of Promised Pedigree Dog

If you paid with a credit card immediately file a dispute with the card company. If you paid by check bring a small claims action in Missouri.

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Answered on 10/25/03, 4:08 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Delivery of Promised Pedigree Dog

I would tell these people that you are giving them five days to ship the dog via air as agreed or you will file a complaint of "theft by deception" with the Lewis County sheriff.

If you cannot obtain any relief that way, then you can proceed against them in Small Claims Court.

I know that area of the state pretty well. If you can't get any help from the sheriff or if you have additional problems, let me know.

I would also alert the place where the ad was placed that you are having troubles. A lot of times advertising people will jump on a problem like this.

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Answered on 10/24/03, 3:49 pm
Reza Bavar PISHVAEE & BAVAR

Re: Delivery of Promised Pedigree Dog

First off make sure you have all of the documents associated with your transaction.

Next you write a demand letter giving them a set amount of time to fulfill their bargain.

Finally, if they do not respond you can file a small claims action, but you can't use an attorney for these.

Good Luck. . .

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Answered on 10/25/03, 12:59 am


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