False advertising for a puppy

[cap727]

What is the name of your state (only U.S. law)? Washington state

Purchased a puppy from an AKC breeder. On the website it states, "our puppies have thier dew claws removed, first shots, de-worming, and cardiac clearances. They have excellent lines and come with health/pedigree records...ect". Recieved the pedigree papers and the AKC papers for the parents but she asked for my address to mail the other paperwork and stated that I could find the shots record on her website. Take the puppy to my vet three days later and it still has one dew claw and a serious heart murmor. My question is does this qualify as false advertising and if it does what can be done about it? Thank you for your time. Forgot to add it also states they work closely with their vet to keep the animals healthy, but when I spoke with her about his heart murmor she infomed me this litter never made it to the vet. Thanks again

 

[OHRoadwarrior]

What did she say when you asked her about it?

 

[justalayman]

did you ask the breeder/seller about this issue? Although everybody loves to look for a reason to sue, sometimes what happened was simply a mistake that is not actionable.

In your situation, most likely, the only action available to you would be to rescind the sale due to the issues you listed. You can report them to them to the states attorney general. That is who usually takes issue with false advertising claims.

 

[cap727]

I don't want to sue but I feel like she is being a dishonest breeder and am not sure the best way to go about this. When I contacted her she is willing to refund my money for the puppy and take the puppy. Both vets we have seen feel it would be irresponsible as a breeder and pet owner not to have the cardiac study to find out exactly what is going on. I presented this to her and the only options available to me were to trade the puppy for another one or get my money back and she takes the puppy. My fear is she will try to sell it to someone else unknowingly or euthanize the puppy without the study to find out how severe the problem is. I get from a business stand point she is offering the refund for the faulty product my concern is that she is clearly stating that the product is something it isn't..cardiac cleared and seen by a vet.

 

[Ohiogal]

I don't want to sue but I feel like she is being a dishonest breeder and am not sure the best way to go about this. When I contacted her she is willing to refund my money for the puppy and take the puppy. Both vets we have seen feel it would be irresponsible as a breeder and pet owner not to have the cardiac study to find out exactly what is going on. I presented this to her and the only options available to me were to trade the puppy for another one or get my money back and she takes the puppy. My fear is she will try to sell it to someone else unknowingly or euthanize the puppy without the study to find out how severe the problem is. I get from a business stand point she is offering the refund for the faulty product my concern is that she is clearly stating that the product is something it isn't..cardiac cleared and seen by a vet.

You have your choices: return the puppy for a refund OR to exchange for another puppy. End of story. This is NOT something you will win on if you sue. Make your choice. Or keep the dog and deal.

 

[cap727]

You have your choices: return the puppy for a refund OR to exchange for another puppy. End of story. This is NOT something you will win on if you sue. Make your choice. Or keep the dog and deal.

Understood. Just wasn't sure about the faulty claims. thanks

 

[FlyingRon]

Your recovery is limited to your own actual damages. That's pretty much the price you paid for the dog. You might if you pushed it get the vet bill reimbursed as well. You don't get any extra punitive damages because of imagined false advertising claims. Even if you could show there was an intent to deceive, you'd not get any more. The government usually collects the civil penatlies in such cases. All the consumer gets is actual restitution (if they manage to even get that after the lawyers are done).

 

[I'mTheFather]

You can also file a complaint with the Better Business Bureau and the AKC, though the AKC complaint probably won't make much difference.

 

[cap727]

You can also file a complaint with the Better Business Bureau and the AKC, though the AKC complaint probably won't make much difference.

Thank you for your information. I definately wasn't trying to get more money than I paid for the dog, but I am also very leary of giving her the puppy back as I think she will just try to resell it and hope that another family will fall in love and not want to give him back..much as we have. I am also concerned that she may euthanize the dog rather than just find him a good home. I know that she won't pay for the cardiac study for $300 which is what I asked her to do to find out how severe the problem is. I understand that from her point of view it is a faulty product so return it for a full refund, but it feels and seems different as this is a living product. I have looked up laws in other states, unfortunately Washington state does not have a puppy "lemon law". I feel that either way this is lose - lose situation that we have been put it. Do we keep the dog that my kids have fallen in love with or do we return him and live with the guilt of not knowing what happened to him? I feel like either way there is no penalty for her not following through with what she clearly stated and wrote she had done. That is the part that bothers me. I will definately being making complaints with the BBB and AKC but I am not sure that will have any effect on her business. I noticed in some states under the puppy lemon law the owner is able to keep the animal with a refund, which I wish she would do then I could use the money towards medical treatment or place him in a home where he would be able to live a good healthy life, perhaps not chasing a 6 & 8 year old around with a heart condition. I do really appreciate everyones time. I feel like she has me backed in a corner and that doesn't seem right as a consumer who actually did research this breeder before hand. I feel like I was decieved. thanks again

 

[Ohiogal]

Thank you for your information. I definately wasn't trying to get more money than I paid for the dog, but I am also very leary of giving her the puppy back as I think she will just try to resell it and hope that another family will fall in love and not want to give him back..much as we have. I am also concerned that she may euthanize the dog rather than just find him a good home. I know that she won't pay for the cardiac study for $300 which is what I asked her to do to find out how severe the problem is. I understand that from her point of view it is a faulty product so return it for a full refund, but it feels and seems different as this is a living product. I have looked up laws in other states, unfortunately Washington state does not have a puppy "lemon law". I feel that either way this is lose - lose situation that we have been put it. Do we keep the dog that my kids have fallen in love with or do we return him and live with the guilt of not knowing what happened to him? I feel like either way there is no penalty for her not following through with what she clearly stated and wrote she had done. That is the part that bothers me. I will definately being making complaints with the BBB and AKC but I am not sure that will have any effect on her business. I noticed in some states under the puppy lemon law the owner is able to keep the animal with a refund, which I wish she would do then I could use the money towards medical treatment or place him in a home where he would be able to live a good healthy life, perhaps not chasing a 6 & 8 year old around with a heart condition. I do really appreciate everyones time. I feel like she has me backed in a corner and that doesn't seem right as a consumer who actually did research this breeder before hand. I feel like I was decieved. thanks again

So in other words you want to be unjustly enriched with a windfall. Not. Going. To. Happen.
She doesn't have you back into a corner. You are thinking with your emotions and not logically. She offered to make you whole. You don't want that.

 

[I'mTheFather]

So in other words you want to be unjustly enriched with a windfall. Not. Going. To. Happen.
She doesn't have you back into a corner. You are thinking with your emotions and not logically. She offered to make you whole. You don't want that.

That's not what she said. Is she thinking emotionally? Yes. Is she thinking logically? Yes. She has researched laws in her own state and other states for comparison. She opined her wishes that her state had similar laws.

 

[FlyingRon]

The BBB is completely useless. It presumes the merchant actually cares to participate. Frankly, your complaint would be the offer of a resolution of a refund and the BBB would close that file anyhow.

 

[cap727]

The BBB is completely useless. It presumes the merchant actually cares to participate. Frankly, your complaint would be the offer of a resolution of a refund and the BBB would close that file anyhow.

I understand that in my state there isn't a puppy lemon law and honestly I would like to see that changed, but I am not even remotely sure how to go about beginning such an undertaking. I just wanted to make sure there wasn't anything that could be done about her false advertising. I hate to see others do the research and have a similiar experience. thank you

 

[justalayman]

In your state, it is simple:


dogs are merchandise. If you have defective merchandise, you return it for a refund. What the seller does with the animal is beyond your control at that point. If you choose to retain the animal, you do not get a refund or partial refund unless the seller agrees to it.

so, do you want to return the dog or not?

 

[cap727]

In your state, it is simple:


dogs are merchandise. If you have defective merchandise, you return it for a refund. What the seller does with the animal is beyond your control at that point. If you choose to retain the animal, you do not get a refund or partial refund unless the seller agrees to it.

so, do you want to return the dog or not?

Our state is messed up. What can be done so that this does not happen to anyone else? Is there no recourse for falsely advertising a product other than a complaint with the BBB? Would want other potential buyers to realize that the documentation provided is false.