Legal Question in Consumer Law in Virginia

Hello there--as a dog lover I cringe at cases like this. Yes, the law can do a few things here.

First, you're right, this deception violates the Va. Consumer Protection Act, Va. Code 59.1-200, under which if we sue and win they have to pay attorneys' fees. Their misrepresentation about AKC registration eligibility and the forthcoming papers may also constitute common-law civil fraud. If they try to arrest you we can also allege defamation.

If you're worried about arrest, we can contact the Commonwealth's Attorney quickly and ward that off. Threats of arrest are a tactic that fraudsters resort to, and sometimes nasty merchants. (Here's a car dealer case where the buyer was actually arrested, hired counsel, filed a lawsuit, and got the case in the newspapers, forcing the merchant to back down. http://hamptonroads.com/2012/09/dealership-apologizes-error-customer-arrest-0. But if we go to the Commonwealth's Atty first, there's a good chance we can prevent that.)

Your immediate question, apart from threat of arrest, is whether you can hold onto the dog to pressure them to give you your money back. I understand why you've done that, although they could try to sue you. I imagine the place may be a puppy mill, and you could argue you're protecting the dog from them, but we'd need evidence for that claim. I suspect that the older the dog, the iffier are the dynamics of a sale, so you and the breeder both have an interest in resolving this quickly.

If you were my client I'd write the breeder a no-nonsense legal letter immediately, cc the Ffx Co consumer protection office (that's a place you can complain to on your own, see http://www.fairfaxcounty.gov/consumer/IQext/CSW_acs.asp) and commonwealth's atty, and the state AG's consumer protection section, and see what that does. I wouldn't charge much for that, say $300 for our interview and my fact and legal research plus composition and transmission of the letter. We could execute a retainer agreement just for the letter, then see what we want to do after that. Yes, I'm licensed in Va., as well as D.C. and Md. Feel free to write me at [email protected].