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03-08-2012, 11:33 AM | #1 |
Senior Yorkie Talker Join Date: Dec 2011 Location: usa
Posts: 158
| California puppy Lemon law - advice needed Hi so a good friend of mine is getting the run around from their breeder about a dog she purchased. (this is a different breed than yorkie) My friend is being very reasonable but the breeder has cut off communication. She merely wants what's best for the dog and to be compensated for vet bills for a congenial defect. According to her veterinarian her dog has severe hip dysplasia and needs to be operated on immediately. My friend had her vet send a report and the medical findings to the breeder. Now the breeder is claiming she did not receive enough information within the 5 day period which the purchaser has to warn the breeder. She even got a second opinion confirming this, but did not send a report from the second vet. The breeder is claiming since she didn't receive enough information within the 5 days that it voids the lemon law. This isn't completely true because my friend sent in the medical papers AND had her vet send in the diagnosis in that time. Also the breeder is claimed that she needed her own vet to examine the dog, but this was before she cut off communication. At this point the breeder will not return calls etc. Should my friend hire a lawyer? Any advice on where to find one and what type of lawyer she needs? She doesn't have a lot of money to spend at this point because she has been drained with these vet costs and the surgery sounds like it will be insane. Any advice is appreciated. Last edited by YorkieMiki; 03-08-2012 at 11:34 AM. |
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03-08-2012, 11:52 AM | #2 |
No Longer a Member Join Date: Jul 2010 Location: N/A
Posts: 3,692
| What a mess. Sorry your friend has to go through this and shame on the breeder for cutting off communication. I have no advice here but maybe someone else can assist you in the matter here on YT |
03-08-2012, 11:57 AM | #3 |
I Love My Yorkies Donating Member Join Date: Feb 2005 Location: Indianapolis, Indiana
Posts: 37,147
| I would take it to small claims court
__________________ Chachi's & Jewels Mom Jewels http://www.dogster.com/?132431Chachi http://www.dogster.com/?132427 |
03-08-2012, 12:00 PM | #4 |
Senior Yorkie Talker Join Date: Dec 2011 Location: usa
Posts: 158
| Thanks (edit : Congenital defect not congenial ) |
03-08-2012, 12:06 PM | #5 |
I ♥ Joey & Ralphie! Donating Member | You don't say what state your in, and states have different rules, but I think the breeder is not telling you the truth. I agree, taking to small claims court might be the best solution, and she can write reiviews of this breeder on various places on the web, to help warn others.
__________________ NancyJoey Proud members of the CrAzYcLuB and YAP! ** Just Say No to Puppymills – Join YAP! Yorkshire Terrier Club of America – Breeder Referrals |
03-08-2012, 12:23 PM | #6 | |
Senior Yorkie Talker Join Date: Dec 2011 Location: usa
Posts: 158
| Quote:
Sorry California puppy lemon law. My friend said the breeder will not speak with her direct only through the breeders lawyer. that is why my friend felt she needed a lawyer. Or maybe the breeder is trying to bully/scare her? | |
03-08-2012, 12:31 PM | #7 |
I ♥ Joey & Ralphie! Donating Member | Duh, I feel so stupid, I looked under your avatar and didn't see a state mentioned, and had already forgotten the title! Your lucky, California has one of the best puppy lemon laws there is. The breeder is trying to bully/scare her. She should ask for the lawyers name and talk to him. If she goes to small claims court, she doesn't need a lawyer and the breeder can't use one.
__________________ NancyJoey Proud members of the CrAzYcLuB and YAP! ** Just Say No to Puppymills – Join YAP! Yorkshire Terrier Club of America – Breeder Referrals |
03-08-2012, 02:53 PM | #8 |
Rosehill Yorkies Donating YT Member Join Date: Dec 2007 Location: Houston Texas
Posts: 9,462
| It seems some "breeders" just sit and hold their breath that the new owners will not find a problem with the dog, before a short time frame expires. If this was ANY kind of a breeder, she would take care of this. This puppy is the product of HER decision to dabble in the Russian Roulette game of breeding. Did your friend sign a contract on this purchase? I have no personal knowledge about the laws in California, but ......no, I wont say that, because I am ignorant on the laws in California regarding contracts and breeders, and lemon laws for dogs....I sincerely hope your friend comes out on top of this, because that will mean the poor, innocent puppy, who did not ask to be born, will benefit. |
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