Breeder Disputes FAQ

California's puppy lemon law, formally known as the California Pet Store Animal Care Act and related provisions in Health and Safety Code Sections 122045-122110, provides important consumer protections for people who purchase dogs and cats from pet dealers. The law requires pet dealers to provide certain guarantees and disclosures, and gives buyers specific remedies if the animal is unhealthy or misrepresented.

Under this law, if a veterinarian determines within 15 days of purchase that the animal was sick at the time of sale or within one year discovers a congenital or hereditary condition that adversely affects the animal's health, the buyer has several options. The buyer may return the animal for a full refund, exchange the animal for one of comparable value, or keep the animal and receive reimbursement for reasonable veterinary costs up to the purchase price of the animal.

California Health and Safety Code Section 122050 requires pet dealers to provide specific written disclosures to buyers before the sale of dogs and cats. The required disclosures include the animal's breed, age, and date of birth if known, the name and address of the breeder if different from the seller, vaccination and deworming records, a record of any known illness or disease the animal has had, and any parasites the animal has had.

For dogs, the seller must disclose if the dog has been spayed or neutered and must provide the animal's microchip number if implanted. If the animal is being sold as purebred or registered, the seller must provide registration papers or a statement explaining why they are not available. The disclosure must also include a statement of the buyer's rights under the pet lemon law. These disclosures must be made in writing and signed by both the buyer and seller.

Breeder fraud in California can take several forms and may give rise to claims under consumer protection laws, including Civil Code Section 1770 (Consumer Legal Remedies Act) and Business and Professions Code Section 17200 (Unfair Competition Law). Common forms of breeder fraud include misrepresenting the breed or pedigree of an animal, falsifying registration papers or health certificates, concealing known health conditions or genetic defects, and lying about the animal's age.

To prove fraud, you must show the breeder made a false statement of material fact, knew the statement was false or made it recklessly, intended for you to rely on the statement, you actually relied on it, and you suffered damages as a result. Document all communications with the breeder and retain advertisements, contracts, and photographs. Bait-and-switch tactics, where a different animal is delivered than what was advertised, also constitute fraud.

If you purchased a sick puppy from a breeder in California, your remedies depend on when the illness was discovered and whether the seller is covered by the pet lemon law. Under Health and Safety Code Section 122045, if a licensed veterinarian determines within 15 days of purchase that the puppy was ill at the time of sale, you may return the puppy for a full refund, exchange for a puppy of equal value, or keep the puppy and receive reimbursement for reasonable veterinary costs up to the purchase price.

For congenital or hereditary conditions discovered within one year of purchase, the same remedies apply. To exercise these rights, you must obtain a veterinary certification stating the diagnosis and that the condition was present at the time of sale or is congenital or hereditary. Beyond the pet lemon law, you may have breach of contract claims if the purchase agreement included health guarantees, and fraud claims if the breeder knowingly concealed the illness.

Yes, California has significant restrictions on pet sales in pet stores under Health and Safety Code Section 122354.5, often called the Pet Rescue and Adoption Act, which took effect January 1, 2019. This law prohibits pet stores from selling dogs, cats, or rabbits unless the animal was obtained from a public animal control agency, shelter, humane society, or rescue group.

The law effectively bans the retail sale of commercially bred puppies and kittens from breeding facilities, commonly called puppy mills. Pet stores may still offer dogs, cats, and rabbits for adoption in partnership with rescue organizations. The law includes penalties for violations, and pet stores may be subject to civil penalties up to $500 per animal sold in violation. However, the law does not prohibit individuals from purchasing directly from licensed breeders.

If a breeder refuses to honor their contractual health guarantee, you have several options to pursue your claim. First, document everything thoroughly, including the original purchase agreement and health guarantee, all veterinary records and diagnoses, receipts for veterinary expenses, and all communications with the breeder about the health issue.

Send a formal written demand letter via certified mail, clearly stating the health issue, referencing the specific guarantee in your contract, the remedy you are requesting, and a deadline for response. If the breeder still refuses, consider filing a complaint with the California Department of Consumer Affairs and the Better Business Bureau. For monetary claims up to $12,500, California small claims court is an efficient venue. You may also have claims under the Consumer Legal Remedies Act, which can provide additional remedies including attorney's fees.

Yes, you can sue a breeder in California for selling a puppy with a genetic disorder under several legal theories. Under the pet lemon law, Health and Safety Code Section 122045, if a licensed veterinarian certifies within one year of purchase that the puppy has a congenital or hereditary condition that adversely affects its health, you may return the puppy for a full refund, exchange for one of equal value, or keep the puppy and receive reimbursement for veterinary costs up to the purchase price.

Beyond statutory remedies, you may pursue breach of contract if the purchase agreement included health guarantees, breach of implied warranty of merchantability if the genetic condition makes the puppy unfit for its intended purpose as a healthy companion, and fraud or misrepresentation if the breeder knew about genetic problems in the breeding line and failed to disclose them. Many purebred dogs are prone to specific genetic conditions, and responsible breeders test breeding stock and disclose results.

The statute of limitations for breeder disputes in California depends on the legal theory underlying your claim. For written contract claims, such as breach of a written health guarantee, the statute of limitations is four years under Code of Civil Procedure Section 337. For oral contract claims, the limitation period is two years under Section 339. For fraud claims, the statute of limitations is three years under Section 338(d), but the clock does not start until you discover the fraud.

Under the pet lemon law specifically, you must exercise your remedies within specific timeframes: for illness present at the time of sale, you must present veterinary certification within 15 days of purchase, and for congenital or hereditary conditions, certification must be within one year of purchase. Missing these deadlines may forfeit your statutory rights, though you may still have common law claims.

If you have had problems with a dishonest breeder in California, reporting them can help protect other consumers and may support your own legal claims. You can file complaints with several agencies and organizations. The California Department of Consumer Affairs accepts complaints about businesses that violate consumer protection laws. Report animal welfare concerns to your local animal control agency or the California Department of Food and Agriculture.

If the breeder makes false advertising claims, report to the California Attorney General's Office. File a complaint with the Better Business Bureau, which maintains complaint records. If the breeder claims kennel club registration, report misrepresentation to the relevant registry such as the American Kennel Club. Post honest reviews on consumer websites, but stick to factual statements to avoid defamation claims. Gather all documentation before filing complaints.

Before purchasing a puppy in California, carefully review the breeder's contract for key provisions that protect your interests. The contract should clearly state the purchase price and what is included, such as vaccinations, microchip, registration papers, and starter supplies. Look for detailed health guarantees specifying what genetic or congenital conditions are covered, the timeframe for coverage, and the remedies available.

Check for any conditions that might void the health guarantee, such as feeding requirements or spay/neuter deadlines. Review registration provisions carefully. Be wary of contracts that require you to use specific veterinarians, waive your statutory rights under California's pet lemon law, require mandatory arbitration for disputes, or contain excessive penalties for minor violations. The contract should include the breeder's full legal name and contact information. Request references from previous buyers before signing.