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11-06-2005, 11:11 PM | #1 |
No Longer a Member Join Date: Jul 2005 Location: California
Posts: 2,260
| Lemon Law Question! I purchased a puppy from a broker ( not knowing she was a broker) and about two months after purchaisng her she had a Hernia and URI. Is A hernia considered congenital. Is it passed on from parents to offspring. I read the California lemon law and it states that if the dog has congenital defects the purchaser can return for a full refund or keep for 75% refund and getting reimburst for vet bills not exceeding 150% the value of the dog. I want to know if I am entitled to reimburstment for my vets bills and if so how do I go about this. All input is sure appreciated I am ceriously thinking about going after this broker and getting my money back for my high cost vet bills. |
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11-06-2005, 11:14 PM | #2 |
No Longer a Member Join Date: Jul 2005 Location: California
Posts: 2,260
| When I contacted the seller she only offered an exchange and didn't offer to pay the vet bills. An exchange was way out of the question as i wouldn't give this baby up for anything. I really want advice. I am going to call the Dept. of Consumer Affairs tommorrow to see what I can do. I wish I would have came across this information a lot sooner to do something about this. I so want to nail this lady. |
11-06-2005, 11:17 PM | #3 |
No Longer a Member Join Date: Jul 2005 Location: California
Posts: 2,260
| This is the site were I read the info. http://www.consumeraffairs.com/pets/lemon_ca.html |
11-07-2005, 12:01 AM | #4 |
No Longer a Member Join Date: Jul 2005 Location: California
Posts: 2,260
| Please give me adviceand tell me what you think I should do. |
11-07-2005, 03:44 AM | #5 | |
Donating Senior Yorkie Talker Join Date: Jun 2005 Location: Indianapolis Indiana
Posts: 815
| Quote:
A URI 2 months after you purchased a puppy would not be qaulified under the lemon law. You can get a flu vaccination that is no guarantee that you still will not get the flu. Just a milder case. I don't think that your hernia -should be covered either. Most hernia's in puppies are umbilical and are noticeable at several weeks. Your vet should have noticed this some tome earlier. Not two months after you purchased the kid. There are some enviromental elements that the new owner can do to contribute to a hernia. What type of hernia does this kid have? Did you purchase the baby with a hernia. Many a human has developed a hernia and it was due to enviromental situations and not congenital same things apply to animals. I think that we need to be careful using this "lemon law". | |
11-07-2005, 03:56 AM | #6 |
Donating Senior Yorkie Talker Join Date: Jun 2005 Location: Indianapolis Indiana
Posts: 815
| forgot to add to the enviromental point that I mentioned " jumping from high places" in a young puppy can cause a hernia. No ,if your puppy jumps from the couch one time does not mean rush to the vet cause he/she is going to have a hernia. But continued repeated jumping down from a high place can cause a hernia. Who is to say how many and how high- but should be considered. I always say to watch the jumping because of the knees guess should mention hernia also to new buyers |
11-07-2005, 04:05 AM | #7 |
Senior Yorkie Talker Join Date: Aug 2005 Location: florida
Posts: 177
| well im not sure how the law goes but i know here in florida a hernia is considered a genetic defect. i have a friend that breeds and she has had a couple puppies born with a hernia. the vet made sure it said the puupy had this on the health certificate. did you get a health certificate?its also florida law that the vet has to write anything they find on that health cert. the vet that she goes to with her puppies always puts a hernia if one is found then they recomend that the dog be neutered or spayed. when the puppy is sold shes has a spay neuter contract and informs the new owner so they have a choice. usually the puppy is sold at half price due to this problem and the new owner signs a contract stating they are aware of the defect. i would first find out where the hernia came from sometimes its from the mother eating the umbilical cord and sometimes its not from that. then if you did get a health cert. from the broker/breeder i would go to that vet and ask why she was checked out with a clean bill of health and she/ he isnt healthy. truthfully if it was me i wouldnt want to give the pup back either but you have to make the choice. if requesting money back i would see if a percentage can be refunded like a couple hundred bucks. but get your proof first just incase you do need to take it further. you must research the law a little better. i dont know much about california law but im sure its there to protect you the buyer and not the seller. hopefully this helped a little. also i forgot to ask has the puppy been to a vet within 72 hours of buying or in the last 2 months before you found out about this problem. if you did and the pup was checked out as healthy then you really dont have a leg to stand on. sorry. Last edited by flyorkies; 11-07-2005 at 04:09 AM. |
11-07-2005, 04:24 AM | #8 |
No Longer a Member Join Date: Jul 2005 Location: North Carolina
Posts: 1,947
| hernias can be caused from many factors as kathy stated and also at birth if an umbilical hernia from the mom pulling too hard on the cord at birth. inlengual (sp?) hernias can develop from no fault of the breeder or new owners or from the puppy jumping off of something. hernias are simple and in-expensive to repair. my vet charges $50 to repair a hernia. also would like to add that when i take a new puppy to my vet, the first thing she has always done is look for a hernia. there is a certain way you must hold a puppy to spot them early on. (puppy is held on its back with its back legs stretched out and pulled in a down position.) if there's a hernia that cant be seen when puppy is in a normal position you can bet you will be able to feel it this way. i don't feel that nailing this person would be the right thing to do if these things showed up 2 months later. JMHO. thanks and good luck with your baby. |
11-07-2005, 09:38 AM | #9 | |
No Longer a Member Join Date: Jul 2005 Location: California
Posts: 2,260
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