Legal Question in Consumer Law in Virginia
Puppy Lemon Law
My daughter (lives in VA) sold a puppy to a lady (lives in PA) for $200.00. In her ad she relates that she obtained the puppy from a man selling the puppy out of the back of a van and that the puppy was sick when she purchased it from the man. My daughter is not a licensed bredder or kennel and purchased the dog with the sole intension of getting the dog well and finding her a good home. My daughter informed the lady she sold it to that the dog had not been to the vet. They met in MD on 02/08/07 for the transaction of the dog for the check for $200.00. The actual value of the dog is $500.00. and up. The lady took the dog to the vet 02/23/07 when she found out that the dog has pnuemonia and the vet bills would be somewhere around $2,000.00. She wants my daughter to pay the vet bills. My daughter offered to give her back the $200.00 and take the dog back. The lady refused and now says that she will take her to court (she is filing in PA). What is my daughters liability if any?
2 Answers from Attorneys
Re: Puppy Lemon Law
As long as your daughter made the disclosures which you've recounted(which she was not legally obligated to do unless specifically asked by the buyer)and made no material factual misrepresentations nor stated anything else which might be construed as fraud, I would surmise that your daughter has little to worry about.
These kinds of transactions between private buyer and seller are normally considered "AS IS" without warranty or guarantee of any kind, unless the seller provides otherwise.
Re: Puppy Lemon Law
I agree with Michael. Additionally, it is doubtful that PA has jurisdiction over this matter. Unless, your daughter has advertised her buiness to potential customers in PA then the lady who bought the dog will have to travel to VA to file the matter.
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