Small claims question

[C17little]

reply

What does the written warranty say about this issue?

The warranty says that I can not return the dog unless it has a serious illness. It doesn't cover the breed not actually being the breed I was told. However, Would I still be legally binded to said "contract" even though the contract says mini schnauzer when thats not what I got? Isn't that a breach of contract? In my eyes, I would be blinded to it if I received what the contract said, when thats not the case.

I am a 21 year old college student, I'm not a lawyer thats why I'm asking all of these questions haha

 

[C17little]

The poodle-schnauzer mixes are cute dogs.

Were you planning on breeding or showing your dog, hence the concern? Or are you upset that you paid a pure-breed price for your mix? Or all of the above?

She is adorable and a very sweet dog. I wasn't planning on breeding or showing the dog. I am mainly upset that they charged me pure breed price for the price of my mix. However, I also had a 405 dollar vet visit, due to hair growing very deep inside of her ear canal. Which the vet said that it was most likely caused by her poodle side, as its not so common in Mini schnauzers. So at this point I want to ask for them covering that since if I got what I thought I got, it probably wouldn't have happened. I originally asked for a partial refund without them covering that, but said in the email that if you guys do not respond or if we cannot come to agreement, i will file a claim for a full refund + the vet bill.

 

[adjusterjack]

Wikipedia:

The Miniature Schnauzer is a breed of small dog of the Schnauzer type that originated in Germany in the mid-to-late 19th century. Miniature Schnauzers developed from crosses between the Standard Schnauzer and one or more smaller breeds such as the Poodle and Affenpinscher

Your contract says Mini Schnauzer and your warranty says nothing about breed.

I don't see you getting anywhere with any of this.

 

[latigo]

I'm in New Jersey, I am in the process of filing a small claims case against the store that I purchased an animal. I was told that the dog was a purebred, after getting a DNA test 2 years later because everyone told me she's not a purebred, it turns out she's a mix. I called the company and told them, they said to email. I emailed them, they never responded. I said they have a deadline to get back to me and they never responded. I have the contract (without a price on it) and my bank statement showing that I paid them x amount of money. However I do not have a direct receipt. If i was to go into the store, and ask them to print out the order details from their system, would that have negative repercussions on me in court, or am I entitled to that discovery? They still have the order in their system with the price. Me and my girlfriend both remember the exact price we purchased the dog for, but we don't have it on paper technically to prove it. If i just bring the statement in, I fear they will say "we charged him only 400 for the dog, and the other 700 was on pet supplies"

(You've had the dog for two years and are willing to return it? Where it would likely end up in a pound and perhaps eventually euthanized because pet shops as a rule do not feature mature animals. Or perhaps worse, sold to someone that would abuse it. You can't keep the dog and ask for the money.)

Anyway proving what you paid for the dog is relatively simple. You testimony alone is prima facie proof.

Your biggest hurdle in court is to prove that the seller advertised/represented the dog as a purebred. So . . . .

Was the animal advertised/represented as being AKC registrable? That is, out of a litter that was AKC registered.
Do you have any documentary/written evidence that it was so advertised?

Did the seller provide you with an AKC Individual Dog Registration Application? Did you request it? If not, why not?

Do you know the name and present whereabouts of the salesperson who supposedly told you the dog was purebred?
Did you make any inquiries to verify the salesperson's statements such as asking for proof that the litter was AKC registered?

If you assumed that you were buying a pup that was registrable, that is certifiable as purebred, why did you not have or intend to have the animal then registered with AKC?

What is meant by "I have the contract"? What contract? Does it contain any language relating to the dog's pedigree? Any warranties? If not, then why the contract? Was this not pay on delivery, one time transaction?

What bank statement? Just a debit entry? Don't you have a cancelled check payable to the store for the price of the dog that cleared you bank account?
_______________________________

You could have another problem here as well that it has to do with what seems an unreasonable passage of time. Not from the standpoint of any period of limitations as you are well within the New Jersey 6 year limit for claiming a material misrepresentation. But with regard to the equitable defense of laches. Sort of a snooze and you lose thing.
________________________________

Anyhow, it you intend to keep the dog, then you can't get your money back.

If you are thinking that you can keep the dog, sue the store for the difference in what you paid and the cost of a mixed breed two years ago, good luck! You will need it, plus an exceptionally talented, creative and expensive trial lawyer.

 

[C17little]

Wikipedia:



Your contract says Mini Schnauzer and your warranty says nothing about breed.

I don't see you getting anywhere with any of this.

On the contract it says mini schnauzer. On the warranty, it says mini schnauzer. I said that prior

 

[C17little]

(You've had the dog for two years and are willing to return it? Where it would likely end up in a pound and perhaps eventually euthanized because pet shops as a rule do not feature mature animals. Or perhaps worse, sold to someone that would abuse it. You can't keep the dog and ask for the money.)

Anyway proving what you paid for the dog is relatively simple. You testimony alone is prima facie proof.

Your biggest hurdle in court is to prove that the seller advertised/represented the dog as a purebred. So . . . .

Was the animal advertised/represented as being AKC registrable? That is, out of a litter that was AKC registered.
Do you have any documentary/written evidence that it was so advertised?

Did the seller provide you with an AKC Individual Dog Registration Application? Did you request it? If not, why not?

Do you know the name and present whereabouts of the salesperson who supposedly told you the dog was purebred?
Did you make any inquiries to verify the salesperson's statements such as asking for proof that the litter was AKC registered?

If you assumed that you were buying a pup that was registrable, that is certifiable as purebred, why did you not have or intend to have the animal then registered with AKC?

What is meant by "I have the contract"? What contract? Does it contain any language relating to the dog's pedigree? Any warranties? If not, then why the contract? Was this not pay on delivery, one time transaction?

What bank statement? Just a debit entry? Don't you have a cancelled check payable to the store for the price of the dog that cleared you bank account?
_______________________________

You could have another problem here as well that it has to do with what seems an unreasonable passage of time. Not from the standpoint of any period of limitations as you are well within the New Jersey 6 year limit for claiming a material misrepresentation. But with regard to the equitable defense of laches. Sort of a snooze and you lose thing.
________________________________

Anyhow, it you intend to keep the dog, then you can't get your money back.

If you are thinking that you can keep the dog, sue the store for the difference in what you paid and the cost of a mixed breed two years ago, good luck! You will need it, plus an exceptionally talented, creative and expensive trial lawyer.

I never said I am willing to return her. Cant I not sue for fraud?

So I guess ill allow the store to rip people off and not do anything, and lie to consumers. The contract said she was a mini schnauzer, as did the warranty. I never canceled a check. Yes I know the salesperson, my girlfriend actually knows her. I called AKC. There were no AKC papers. Just a store that told me that she was a purebred, and wrote so on the papers. AKC advised me to sue them for falsely representing a breed, regardless of if or if not they had AKC papers.

 

[C17little]

(You've had the dog for two years and are willing to return it? Where it would likely end up in a pound and perhaps eventually euthanized because pet shops as a rule do not feature mature animals. Or perhaps worse, sold to someone that would abuse it. You can't keep the dog and ask for the money.)

Anyway proving what you paid for the dog is relatively simple. You testimony alone is prima facie proof.

Your biggest hurdle in court is to prove that the seller advertised/represented the dog as a purebred. So . . . .

Was the animal advertised/represented as being AKC registrable? That is, out of a litter that was AKC registered.
Do you have any documentary/written evidence that it was so advertised?

Did the seller provide you with an AKC Individual Dog Registration Application? Did you request it? If not, why not?

Do you know the name and present whereabouts of the salesperson who supposedly told you the dog was purebred?
Did you make any inquiries to verify the salesperson's statements such as asking for proof that the litter was AKC registered?

If you assumed that you were buying a pup that was registrable, that is certifiable as purebred, why did you not have or intend to have the animal then registered with AKC?

What is meant by "I have the contract"? What contract? Does it contain any language relating to the dog's pedigree? Any warranties? If not, then why the contract? Was this not pay on delivery, one time transaction?

What bank statement? Just a debit entry? Don't you have a cancelled check payable to the store for the price of the dog that cleared you bank account?
_______________________________

You could have another problem here as well that it has to do with what seems an unreasonable passage of time. Not from the standpoint of any period of limitations as you are well within the New Jersey 6 year limit for claiming a material misrepresentation. But with regard to the equitable defense of laches. Sort of a snooze and you lose thing.
________________________________

Anyhow, it you intend to keep the dog, then you can't get your money back.

If you are thinking that you can keep the dog, sue the store for the difference in what you paid and the cost of a mixed breed two years ago, good luck! You will need it, plus an exceptionally talented, creative and expensive trial lawyer.

Also, if you read what I have said in regards to previous comments, you would've read that the store no longer sells pets there. I assume because this happened on multiple accounts. They just sell pet supplies now.

 

[PayrollHRGuy]

I never said I am willing to return her. Cant I not sue for fraud?

So I guess ill allow the store to rip people off and not do anything, and lie to consumers. The contract said she was a mini schnauzer, as did the warranty. I never canceled a check. Yes I know the salesperson, my girlfriend actually knows her. I called AKC. There were no AKC papers. Just a store that told me that she was a purebred, and wrote so on the papers. AKC advised me to sue them for falsely representing a breed, regardless of if or if not they had AKC papers.

You don't get to have your cake and eat it too.

In court you would need to show financial damages and since you never got AKC paperwork on the dog that is going to be hard to prove because without that breeding would be no different than with a mutt.

 

[C17little]

You don't get to have your cake and eat it too.

In court you would need to show financial damages and since you never got AKC paperwork on the dog that is going to be hard to prove because without that breeding would be no different that with a mutt.

I guess wish me luck in court than cause Ill apparently need it. I was 19 when I bought her, money was tight. Ill take my chances, as I spoke to 2 AKC representatives, and a supervisor regarding this, and they all told me to sue.

Also if you scroll up, you'll see that there was a 405 dollar vet visit that was due to her other breed that wasn't advertised to me.

 

[quincy]

You appear to be outside the New Jersey pet lemon law limits (https://www.consumeraffairs.com/pets/lemon_nj.html) but latigo provided you with other good guidance.

Here is another link to general information from the Animal Legal and Historical Center on pet purchase protections: https://www.animallaw.info/intro/pet-purchaser-protectionpuppy-lemon-laws

You can use the above link to locate information specific to New Jersey.

Purebred dogs, as a note, often have more health-related issues than mixed breed dogs.

 

[Zigner]

She is adorable and a very sweet dog. I wasn't planning on breeding or showing the dog. I am mainly upset that they charged me pure breed price for the price of my mix. However, I also had a 405 dollar vet visit, due to hair growing very deep inside of her ear canal. Which the vet said that it was most likely caused by her poodle side, as its not so common in Mini schnauzers. So at this point I want to ask for them covering that since if I got what I thought I got, it probably wouldn't have happened. I originally asked for a partial refund without them covering that, but said in the email that if you guys do not respond or if we cannot come to agreement, i will file a claim for a full refund + the vet bill.

Why would you get the vet bill back? Your vet didn't say it never happened even in purebred dogs.

I really think you're going to be out of gas on this one, but hey, you've got your mind made up already. I'm glad you were able to get the AKC attorney's on the line and have them advise you to use. Perhaps one of them will represent you?

 

[Zigner]

I was 19 when I bought her, money was tight.

Perhaps you should think twice about spending hundreds on a dog when money is tight.

Also if you scroll up, you'll see that there was a 405 dollar vet visit that was due to her other breed that wasn't advertised to me.

Nobody has said that it was caused the dog being a different breed. All that you were told is that it's rare for it to occur in mini schnauzers (poodles, as I mentioned above, are already part of the breed).

 

[PayrollHRGuy]

I guess wish me luck in court than cause Ill apparently need it. I was 19 when I bought her, money was tight. Ill take my chances, as I spoke to 2 AKC representatives, and a supervisor regarding this, and they all told me to sue.

Also if you scroll up, you'll see that there was a 405 dollar vet visit that was due to her other breed that wasn't advertised to me.

I read about the vet bill. Not as common does not equal does not happen.

But I wish you luck, you are certainly going to need it.


Also, many pet stores have gotten out of the business of actually selling dogs because of the heat they have received because they were generally getting the dogs from puppy mills.

Use this as a learning experience. If you must have a purebred dog buy it from a legit breeder. And the only real reason to do that is if you plan to breed it or show it. If you aren't adopt a pet from a shelter. As mentioned before many pure breeds have lots of health problems.

 

[latigo]

I never said I am willing to return her. Cant I not sue for fraud?

So I guess ill allow the store to rip people off and not do anything, and lie to consumers. The contract said she was a mini schnauzer, as did the warranty. I never canceled a check. Yes I know the salesperson, my girlfriend actually knows her. I called AKC. There were no AKC papers. Just a store that told me that she was a purebred, and wrote so on the papers. AKC advised me to sue them for falsely representing a breed, regardless of if or if not they had AKC papers.

1. I never said that you were willing to return the mutt.

2. You CANNOT sue for fraudulently misrepresenting the pedigree or breach of warranty and still keep the dog!

3. I didn't mean that you had placed a stop order on a personal check. I meant do you have the check you wrote to pay for the dog as endorsed by the payee and has cleared you bank account? But now that is a moot issue.

4. Lastly the AKC is in the dog business, not the law business. And I wouldn't own an ill-tempered schnauzer with a brain the size of that of a salamander if it was draped in blue ribbons and best of show at Westchester five years running!

(I'd check into the nearest mental clinic if I awoke from some debauch finding I'd paid eleven hundred bucks for one.)

 

[C17little]

1. I never said that you were willing to return the mutt.

2. You CANNOT sue for fraudulently misrepresenting the pedigree or breach of warranty and still keep the dog!

3. I didn't mean that you had placed a stop order on a personal check. I meant do you have the check you wrote to pay for the dog as endorsed by the payee? But now that is a moot issue.

4. Lastly the AKC is in the dog business, not the law business. And I wouldn't own an ill-tempered schnauzer with a brain the size of that of a salamander if it was draped in blue ribbons and best of show at Westchester five years running!

Good to know you don't like mini schnauzers