🐶 Overview

You've received a demand letter or complaint from a buyer claiming their puppy or pet is sick, has genetic defects, or was misrepresented at the time of sale. California has some of the strictest pet sale laws in the nation, including the "Puppy Lemon Law" that provides specific remedies for buyers of sick animals.

⚠ Pet Store Sales

Pet stores are subject to the strictest requirements under Health & Safety Code 122045-122110, including mandatory health certificates and disclosure requirements.

🕒 Time Limits Matter

Buyers must report illness within 15 days, but genetic/hereditary defects have a 1-year claim window. Document when the buyer first notified you.

📄 Documentation Is Key

Your health certificates, vaccination records, and buyer acknowledgments are your best defense against fraudulent or exaggerated claims.

Who This Guide Is For

🏪 Pet Stores

  • Subject to full H&S Code 122045-122110
  • Must provide written health guarantee
  • Required to disclose breeder information
  • 15-day illness / 1-year genetic defect periods

🐕 Licensed Breeders

  • Contract terms generally enforceable
  • Song-Beverly may apply to "consumer goods"
  • Health certificate requirements vary
  • Common law fraud claims possible

👤 Private Sellers

  • H&S Code 122045 generally does not apply
  • "As-is" sales may be enforceable
  • Still subject to fraud/misrepresentation claims
  • Contract terms are primary defense
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📋 Common Claims

Understanding the types of claims buyers typically make helps you prepare an effective response.

Risk Assessment by Claim Type

Claim Type Description Risk Level
Parvo/Distemper Serious contagious diseases that may have been present at sale or contracted after HIGH
Genetic/Hereditary Defect Hip dysplasia, heart conditions, eye disorders - 1-year claim window HIGH
Undisclosed Health Condition Buyer claims you knew about illness and failed to disclose HIGH
Misrepresented Breed/Pedigree Purebred claims, AKC registration, lineage disputes MEDIUM
Parasites (Worms, Giardia) Common in puppies, treatable, often not grounds for refund LOW
"Puppy Blues" Buyer's Remorse Buyer wants refund for non-health reasons dressed as health claim LOW

⚠ Parvo and Distemper Claims

These are the most serious and expensive claims. Parvo has a 3-14 day incubation period, meaning a puppy showing symptoms within 15 days of sale was likely infected before or during the sale. However, if the puppy was exposed after sale (dog parks, pet stores, unvaccinated dogs), you may have a defense.

  • Document vaccination records meticulously
  • Require buyers to sign acknowledgment of exposure risks
  • Investigate where buyer took the puppy after purchase

Genetic Defect Claims (1-Year Window)

Under H&S Code 122100, buyers have up to one year to claim the pet has a genetic or hereditary condition. Common claims include:

  • Hip/Elbow Dysplasia - Common in large breeds, often not diagnosable until 6+ months
  • Heart Conditions - Patent ductus arteriosus, subaortic stenosis, mitral valve disease
  • Eye Disorders - Progressive retinal atrophy, cataracts, entropion
  • Luxating Patella - Common in small breeds
  • Brachycephalic Syndrome - Breathing issues in flat-faced breeds

💡 Defense Tip: OFA/CERF Testing

If you can show the sire and dam were OFA (Orthopedic Foundation for Animals) or CERF certified, this significantly strengthens your defense against genetic defect claims. Keep copies of parent health certifications.

🛡 Defense Strategies

Even valid-sounding claims may have strong defenses. Here are the most effective strategies for sellers.

Full Disclosure Documentation

You provided a health certificate from a licensed veterinarian, disclosed all known conditions, and gave the buyer written notice of their rights. If buyer signed acknowledgment forms, this is powerful evidence.

When to use: You have signed disclosure forms, health certificates, and buyer acknowledgments.

Condition Arose After Sale

The illness or condition developed after the sale due to buyer's care, exposure to other animals, or environmental factors. Parvo has 3-14 day incubation - if symptoms appeared much later, exposure likely occurred post-sale.

When to use: Illness appeared well after the 15-day window, or evidence buyer exposed pet to risks.

Buyer Inspection Opportunity

Buyer had opportunity to inspect the pet, take it to their own vet, and accepted the animal after inspection. Many contracts include 72-hour vet check clauses.

When to use: Contract required buyer to get vet check within X days; buyer failed to do so.

Contract Terms / "As-Is" Sale

For private sales and breeder sales (not pet stores), contractual terms limiting warranties may be enforceable. "As-is" language with clear disclosure can be a defense.

When to use: You're a private seller or breeder with signed contract disclaiming warranties.

Claim Outside Time Limits

Buyer failed to report illness within 15 days (for general illness) or 1 year (for genetic conditions). Late claims forfeit statutory remedies.

When to use: Buyer first complained outside the statutory windows.

Unreasonable Vet Bills / Failure to Mitigate

Even if the claim is valid, buyer may have incurred unreasonable vet expenses. If buyer spent $15,000 treating a condition when refund/replacement was available, they may have failed to mitigate damages.

When to use: Buyer racked up huge vet bills instead of requesting statutory remedies.

⚠ Defenses That May NOT Work

  • "No refunds" policy - Violates H&S Code for pet stores; may be unconscionable
  • "Health guarantee" with impossible conditions - Courts may void unreasonable requirements
  • "Must use our vet" - Buyer has right to use any licensed CA vet
  • Blaming buyer without evidence - Need specific proof of post-sale exposure or negligence

📄 Evidence to Gather

Before responding to any claim, gather and organize all documentation related to the sale.

📋 Health Documentation

  • ✓Veterinary health certificate (within 15 days of sale)
  • ✓Vaccination records (DHPP, Bordetella, Rabies)
  • ✓Deworming records
  • ✓Any pre-sale veterinary exams
  • ✓Parent health testing (OFA, CERF, genetic panels)

📝 Purchase Documents

  • ✓Signed purchase contract/agreement
  • ✓Health guarantee terms
  • ✓Receipt / proof of payment
  • ✓Buyer acknowledgment forms
  • ✓Disclosure of buyer rights (H&S 122055)

💻 Communications

  • ✓All emails with buyer (before and after sale)
  • ✓Text messages
  • ✓Phone call notes/logs
  • ✓Social media messages
  • ✓When buyer first reported the problem

🔍 Breeder Records

  • ✓Registration papers (AKC, UKC, etc.)
  • ✓Pedigree documentation
  • ✓Litter records and birthdates
  • ✓Photos/videos at time of sale
  • ✓Microchip registration

💡 Request Buyer's Veterinary Records

Ask the buyer to provide complete veterinary records from their vet showing the diagnosis, treatment dates, and prognosis. This helps you verify the claim and may reveal:

  • When symptoms actually started
  • Whether the condition is truly genetic or acquired
  • If excessive/unreasonable treatment was performed
  • Evidence of buyer negligence or delayed treatment

📝 Sample Response Language

Copy and customize these response templates for your situation.

Acknowledging Claim & Offering Statutory Remedy (Pet Store)
Dear [BUYER NAME], Thank you for contacting us regarding your puppy, [PET NAME], purchased on [DATE]. We are sorry to hear your puppy is experiencing health issues. We take the health of our animals very seriously. Under California Health & Safety Code Section 122095, you are entitled to one of the following remedies: 1. Return the puppy for a full refund of the purchase price ([$AMOUNT]); 2. Exchange the puppy for one of comparable value (subject to availability); or 3. Retain the puppy and receive reimbursement for reasonable veterinary costs to treat the diagnosed condition, up to the purchase price. Please let us know which option you prefer. If you choose to seek reimbursement for veterinary costs, please provide the veterinary records and itemized invoices for our review. We remain committed to resolving this matter promptly. Sincerely, [YOUR NAME / BUSINESS]
Disputing Claim - Condition Arose After Sale
Dear [BUYER NAME], We have reviewed your claim dated [DATE] regarding [PET NAME]. Our records indicate the puppy was examined by a licensed California veterinarian on [EXAM DATE], just [X] days before the sale, and was certified healthy with no signs of illness or disease. You took possession on [SALE DATE], but did not report any health concerns until [REPORT DATE] - a period of [X] days. The veterinary records you provided indicate [CONDITION], which has an incubation period of [X] days. Based on the timeline and incubation period, the puppy was most likely exposed to this condition after leaving our care. Common exposure sources include dog parks, pet stores, grooming facilities, and contact with unvaccinated animals. While we are sympathetic to your situation, we do not believe we are liable for a condition that developed after the sale. We recommend pursuing any applicable pet insurance coverage you may have. If you have additional information that suggests the condition was present at the time of sale, please provide it for our review. Sincerely, [YOUR NAME / BUSINESS]
Disputing Genetic Claim - Parent Health Testing
Dear [BUYER NAME], We have reviewed your claim that [PET NAME] has a genetic/hereditary condition ([CONDITION]). Both the sire and dam of this litter underwent comprehensive health testing prior to breeding: - Sire: [NAME] - OFA Hip: [RATING], OFA Elbow: [RATING], CERF: [CLEAR/DATE] - Dam: [NAME] - OFA Hip: [RATING], OFA Elbow: [RATING], CERF: [CLEAR/DATE] We have attached copies of these certifications for your reference. While we understand that no breeding program can guarantee 100% against genetic conditions, we followed industry best practices by health testing our breeding dogs. The condition you describe may be developmental rather than hereditary, or may have been influenced by environmental factors such as rapid growth, diet, or exercise. Please provide the complete veterinary records and any genetic testing performed on [PET NAME]. We will review this information and respond accordingly. Sincerely, [YOUR NAME / BUSINESS]
Private Seller / Breeder - Enforcing Contract Terms
Dear [BUYER NAME], Thank you for reaching out regarding [PET NAME]. I have reviewed the Purchase Agreement you signed on [DATE]. As stated in Section [X] of that agreement: [QUOTE RELEVANT CONTRACT LANGUAGE] The agreement required you to have the puppy examined by your own veterinarian within [72 hours / 5 days] of purchase. According to my records, you did not notify me of any health concerns until [DATE], which is outside the contractual window. Additionally, the agreement specifically addressed [ISSUE - e.g., common parasites, minor health conditions] and stated that such conditions would be treated by the buyer at buyer's expense. I sold this puppy in good faith with a health certificate dated [DATE]. I am not able to offer a refund or reimbursement under the terms of our agreement. If you would like to discuss this further, I am willing to talk, but I stand by the terms we both agreed to at the time of sale. Sincerely, [YOUR NAME]
Disputing Breed/Pedigree Misrepresentation
Dear [BUYER NAME], I am responding to your claim that [PET NAME] was misrepresented as a [CLAIMED BREED]. At the time of sale, I provided you with the following documentation: 1. [AKC/UKC] Registration Application #[NUMBER] 2. Pedigree showing [X] generations of registered ancestors 3. [OPTIONAL: DNA test results from EMBARK/WISDOM PANEL] This puppy is from registered parents: Sire [NAME/REG#] and Dam [NAME/REG#]. The registration papers confirm purebred status. If you have conducted your own DNA testing that suggests otherwise, please provide the complete test results including the testing company, methodology, and chain of custody documentation. DNA tests from consumer services often have limited breed reference databases and may produce inaccurate results for certain breeds. I stand behind the accuracy of the pedigree and registration information provided. Sincerely, [YOUR NAME / BUSINESS]

💰 Remedies Under California Law

Understanding what you may be required to provide helps you evaluate settlement options.

Pet Store Requirements (H&S 122095)

If a dog or cat sold by a pet dealer becomes ill within 15 days of sale due to an illness that existed at the time of sale, or is found within 1 year to have a hereditary/congenital condition, the buyer is entitled to:

Option 1: Full Refund

Return the pet and receive refund of the purchase price. Buyer must return the animal to exercise this option.

  • Full purchase price refunded
  • Pet must be returned
  • No vet cost reimbursement

Option 2: Exchange

Return the pet and receive a replacement pet of equivalent value. Subject to availability.

  • Replacement of comparable value
  • Original pet returned
  • New health guarantee starts

Option 3: Vet Cost Reimbursement

Keep the pet and receive reimbursement for reasonable veterinary expenses up to the purchase price.

  • Buyer keeps the pet
  • Reimburse vet costs up to purchase price
  • Most commonly chosen by buyers

⚠ Vet Cost Cap

Under H&S 122095(a)(3), reimbursement for veterinary expenses is capped at the purchase price of the animal. If you sold the puppy for $2,000, you are not required to reimburse $5,000 in vet bills. However, some buyers may argue for additional damages under fraud or misrepresentation theories.

📊 Exposure Calculator Example

Example: $2,500 puppy with parvo claim

Purchase price (max vet reimbursement)$2,500
If buyer chooses refund/exchange$2,500 + pet return
Buyer's vet bills claimed$4,800
Your maximum liability (statutory)$2,500
If fraud proven: actual damages$4,800+
Buyer's attorney fees (if they win)$3,000-10,000
WORST CASE (Fraud + Atty Fees)$15,000+

Beyond Statutory Remedies

If the buyer proves fraud, intentional misrepresentation, or willful violation of disclosure requirements, they may seek:

  • Actual damages - Full vet bills, not capped at purchase price
  • Emotional distress - In egregious cases involving pet death
  • Attorney's fees - Under consumer protection statutes
  • Punitive damages - If conduct was particularly egregious
  • Small claims maximum - $12,500 (individuals) or $6,250 (businesses) as of 2024

🚀 Next Steps

Follow this action plan when responding to a sick pet claim.

Step 1: Document Timeline

Note when buyer purchased, when they first complained, and when you responded. This establishes whether claim is within statutory windows.

Step 2: Gather Your Records

Collect all health certificates, vaccination records, contracts, and communications before responding.

Step 3: Request Vet Records

Ask buyer to provide complete veterinary records and itemized bills to verify the claim.

Step 4: Evaluate Your Position

Based on evidence, decide whether to offer remedy, dispute the claim, or negotiate.

Response Timeline

  • Within 5 days: Acknowledge receipt of complaint in writing
  • Within 10 days: Request any additional documentation needed
  • Within 15 days: Provide substantive response with your position
  • If claim has merit: Offer statutory remedy promptly to limit exposure

When to Offer Remedy vs. Dispute

Consider Offering Remedy When:

  • Health certificate is missing or defective
  • Parvo/distemper appeared within 10 days of sale
  • You failed to provide required disclosures
  • Condition is clearly genetic and well-documented
  • Cost of dispute exceeds remedy cost

Consider Disputing When:

  • Claim is outside 15-day/1-year windows
  • Evidence shows post-sale exposure
  • Buyer failed to follow contract (vet check, care)
  • Condition is developmental, not genetic
  • You have strong documentation

Protect Your Breeding Business

Pet purchase disputes can escalate quickly. Get a professional response letter drafted on attorney letterhead to protect your interests.

Schedule Consultation - $450

California Resources

  • Puppy Lemon Law: Health & Safety Code 122045-122110
  • Song-Beverly Act: Civil Code 1790-1795.8
  • Pet Store Definition: Health & Safety Code 122125
  • OFA Database: ofa.org - Verify parent health testing
  • CA Veterinary Medical Board: vmb.ca.gov

💡 Prevention Is Best

For future sales, implement these practices to minimize disputes:

  • Always provide health certificate within 15 days of sale
  • Require buyer signature on disclosure forms
  • Include 72-hour vet check requirement in contract
  • Health test breeding dogs (OFA, CERF, breed-specific panels)
  • Keep detailed records of all vaccinations and treatments
  • Photograph/video puppies before pickup