Pet Purchase Dispute Sick Puppy Demand Letters
Puppy Lemon Laws | Fraudulent Breeders | Undisclosed Illness | Warranty Claims
Typical statute structure:
- Sellers must provide disclosures: Age, vaccination/deworming history, health examination, known defects or illnesses
- Buyer examination period: Usually 7-14 days for infectious diseases; longer (30-365 days) for congenital/hereditary defects
- Buyer obtains vet exam: Must have pet examined by licensed veterinarian within statutory period
- If illness/defect diagnosed: Buyer may elect one of three remedies (varies by state)
| Remedy | What It Means | When to Choose |
|---|---|---|
| Return for full refund | Return pet to seller; get purchase price back (may include vet costs to diagnose) | Pet very sick, prognosis poor, or you can’t afford treatment; buyer doesn’t want to keep pet |
| Exchange for comparable animal | Return sick pet; seller provides healthy replacement of similar breed/value | You want that breed but this specific pet is too ill; seller has suitable replacement available |
| Keep pet + reimbursement | Keep pet; seller reimburses vet bills up to purchase price (or 150% of purchase price in some states) | You’re bonded with pet; pet is treatable; treatment costs less than or equal to cap |
Buyer obligations (must comply or lose rights):
- Timely vet exam: Usually within 7-14 days of purchase (varies by state)
- Written notice to seller: Must notify seller in writing of illness/defect, usually within 1-3 days of diagnosis
- Vet certificate: Provide signed certification from licensed vet diagnosing condition and stating it existed at time of sale or within warranty period
- Election of remedy: Choose which remedy you want (refund, exchange, or reimbursement) in written notice
- Return of pet (if applicable): If electing refund or exchange, make pet available for return to seller
Infectious/contagious diseases (short window – usually 7-14 days):
- Parvovirus, distemper, kennel cough, upper respiratory infections
- Parasites (giardia, coccidia, roundworms) if severe enough to require treatment
- Any illness veterinarian certifies existed at time of sale or shortly after
Congenital/hereditary defects (longer window – 30 days to 1 year):
- Hip dysplasia, elbow dysplasia, heart defects, liver shunts
- Genetic disorders specific to breed
- Conditions vet certifies are congenital (present from birth) not acquired after sale
What’s typically NOT covered:
- Injuries occurring after purchase
- Minor cosmetic issues (wrong color, didn’t grow as big as expected)
- Behavioral issues (unless neurological disorder)
- Illnesses contracted after sale (unless vet certifies incubation period shows it existed at sale)
Lemon laws typically apply to:
- Pet stores
- Commercial breeders (selling more than X puppies per year – threshold varies)
- Brokers/dealers who sell pets they didn’t breed
Often exempt from lemon laws:
- Hobby breeders (selling fewer than statutory threshold, often 1-2 litters/year)
- Animal shelters and rescues (non-profits)
- Private party sales (friend/neighbor selling their dog’s puppies)
If your state has no lemon law OR seller isn’t covered OR you missed deadlines, use these theories:
Pets are “goods” under Uniform Commercial Code – warranties apply:
| Warranty Type | Basis | Example |
|---|---|---|
| Express warranty | Seller’s promises/representations | “This puppy is healthy and vet-checked.” “No genetic defects.” “Champion bloodline, suitable for breeding.” |
| Implied warranty of merchantability | Goods must be fit for ordinary purpose | Dog must be reasonably healthy and suitable as a pet. Severely ill or genetically defective dog breaches this. |
| Implied warranty of fitness | If seller knows buyer’s particular purpose, pet must be fit for that purpose | Told breeder you need service dog prospect; breeder provides dog with hip dysplasia unsuitable for service work. |
Remedies for breach of warranty: Refund, replacement, or “cover” (cost to obtain substitute pet) + incidental damages (vet bills to diagnose defect)
Elements:
- Seller made false statement of material fact
- Seller knew it was false or recklessly disregarded truth
- Seller intended you to rely on statement
- You relied on statement
- You were damaged
Common fraudulent misrepresentations:
- Health certificate fraud: Falsified or backdated vet exam certificates
- Concealment of known illness: Seller knew puppy was sick, gave medication to hide symptoms, sold anyway
- Misrepresented breeding/registration: Claimed AKC registered when not; lied about parentage; fake pedigree papers
- Puppy mill concealment: Represented as small hobby breeder but actually operates puppy mill
- Age misrepresentation: Sold puppy under 8 weeks claiming it was older (illegal in many states + causes health issues)
Remedies: Rescission (unwind sale, get refund) + consequential damages (vet bills) + possibly punitive damages for intentional fraud
State Unfair and Deceptive Acts and Practices (UDAP) statutes prohibit:
- Deceptive advertising and sales practices
- Unconscionable contract terms
- Failure to disclose material defects
- Bait-and-switch
Why UDAP is powerful:
- Statutory damages (2-3x actual damages in some states)
- Attorney fees to prevailing plaintiff
- Easier to prove than common law fraud (don’t always need to prove intent)
- Some states allow class actions for systemic violations
Emerging scam: Disguised leasing agreements
Some disreputable pet stores and online sellers use “lease-to-own” contracts where buyer thinks they’re purchasing pet but actually signs lease with:
- Exorbitant interest rates (25-100%+ APR)
- Total payments 2-4x retail price of pet
- Lessor can repossess pet for missed payment
- Buried in fine print or not clearly disclosed
Many states now ban or regulate pet leasing:
- CA, NY, MA prohibit consumer pet leasing
- Other states require clear disclosures
- Truth in Lending Act (federal) requires disclosures for credit sales
If you signed pet lease unknowingly: Claim fraud, UDAP violation, unconscionability, violation of state pet leasing ban
| State | Statute | Exam Period | Conditions Covered | Remedies |
|---|---|---|---|---|
| California | Health & Safety Code §§ 122125-122220 | 15 days (illness) 1 year (congenital) | Illness, congenital defects | Refund, exchange, or reimbursement up to purchase price |
| New York | Gen. Bus. Law § 753-a | 14 days (illness) 6 months (congenital) | Illness, congenital defects | Refund, exchange, or reimbursement up to purchase price |
| Florida | Fla. Stat. § 828.29 | 14 days (illness) 1 year (congenital) | Illness, congenital defects certified as likely existing at sale | Refund, exchange, or reimbursement up to 150% of purchase price |
| Pennsylvania | 73 P.S. § 201-9.3 | 10 days (illness) 30 days (congenital) | Illness, congenital defects | Refund, exchange, or reimbursement |
| New Jersey | N.J. Stat. § 56:8-94 | 14 days (illness) 6 months (congenital) | Illness, congenital/hereditary defects | Refund, exchange, or reimbursement up to purchase price |
| Massachusetts | Mass. Gen. Laws ch. 140, § 139A | 14 days (illness) 6 months (congenital) | Illness, congenital/hereditary conditions | Refund, exchange, or reimbursement |
| Connecticut | Conn. Gen. Stat. § 22-344a | 14 days (illness) 180 days (congenital) | Illness, congenital defects | Refund, exchange, or reimbursement up to purchase price |
| Virginia | Va. Code § 3.2-6511 | 10 days (illness) 1 year (congenital) | Illness, congenital/hereditary defects | Refund, replacement, or reimbursement |
| Nevada | Nev. Rev. Stat. § 574.430 | 10 days (illness) 1 year (congenital) | Illness, congenital abnormalities | Refund, exchange, or reimbursement |
Seller disclosure requirements:
- Written health certificate from licensed vet (exam within X days of sale)
- Record of vaccinations and deworming
- Disclosure of known illnesses or defects
- Breeder/source information
- Notice of buyer’s rights under lemon law
Buyer obligations:
- Obtain vet exam within statutory period
- Provide written notice to seller with vet certification
- Preserve puppy’s health (continue treatment, don’t neglect)
- Make pet available for return if seeking refund/exchange
Attorney fees provisions:
- Many states allow prevailing buyer to recover attorney fees
- Encourages sellers to settle rather than force litigation
- Makes economical to hire lawyer even for modest claims
I represent pet buyers in lemon law claims, fraud cases, and warranty disputes against breeders, pet stores, and online sellers. I’ll help you get refunds, reimbursement of vet bills, and hold dishonest sellers accountable.
- Pet lemon law demand letters and statutory compliance
- Breach of warranty claims
- Fraud and misrepresentation cases
- Consumer protection (UDAP) claims
- Pet leasing fraud cases
- Puppy mill litigation and class actions
- Complaints to state attorneys general and licensing authorities
- Lemon law demand letter: Flat fee $800-$1,500
- Fraud/warranty claim letter: Flat fee $1,200-$2,000
- Contingency (litigation): 33-40% of recovery
- Hourly: $300-$500/hr
- Attorney fees recovery: Many lemon laws allow prevailing buyer to recover attorney fees from seller
Email: owner@terms.law