Legal Question in Civil Litigation in Virginia

Re: Dog Breeder Refuses Refund

Take her up on her offer(small claims court--no lawyers permitted.)

Re: Dog Breeder Refuses Refund

My simple answer is, take her up on it, especially if you can find an attorney in your area who understands the Virginia Consumer Protection Act.

One note about the conversations and emails: Your written contract may exclude the possibility of introducing evidence of other communications, such as oral agreements, emails, etc. Read the written contract carefully, and see what it is you've really agreed to. Especially look for anything saying something like, "this contract integrates the entire understanding of the parties". If there's an "integration" clause (it doesn't have to use that language, but the meaning is that the written agreement contains everything you've agreed to, and that there isn't anything agreed to that's not covered), then other communications won't be admissible except to demonstrate what ambiguous terms in the written agreement really mean.

If the emails constitute a "written agreement to resolve a consumer dispute" and the breeder didn't honor that agreement, that's a violation of the VCPA, good for at least $500 (or your actual damages, whichever is greater) and possibly three times that amount, plus attorneys' fees. In addition, if the breeder did or said anything during the course of the transaction that was in any way false, fraudulent, misleading, or deceptive, that's a violation (e.g., swearing the dog was healthy at that time when she had no way to know the dog had a virus). There are a number of other things that commonly crop up in this kind of transaction that are violative of the Act.

Btw, you didn't mention where you're located. If you're located in another state, and the transaction took place at least in part in that other state, then you can sue the breeder there (although the VCPA probably won't apply). Otherwise, you have to sue in the county or city where the breeder's located.