I need a lawyer (re: California Puppy Lemon Law)

[karren]

Thank you everybody..... It was hard for our family to lose our beloved chloe and it's even harder to deal with this.....

I had to get another yorkie because the kids keep waiting for her to come back..... I keep explaining that Chloe isn't going to come back and I don't think they get it.....
I got another yorkie but they call him Chloe.... even my husband calls him chloe...

[judyeve]

I guess his name is going to be Chloe then? Please post pictures.

[karren]

I don't have a camera yet.... my mom borrowed it... but I will.... soon.....I keep correcting them.... we call him shakespeare or shakes.... he looks like a female yorkie.....

[Galatea]

Here is a link to selected sections of the CA Puppy Lemon Law:

http://dogplay.com/Breeding/lemonlaw.html

[karren]

Hello... thanks for more info but I just couldn't understand the law if the dog dies...... it says If the dog has died, regardless of the date of the death of the dog, obtain a refund fot the purchase price of the dog, plus sales tax, or a replacement dog of equivalent value of the purchaser's choice and reimbursement of the dog in an amount not to exceed the original purchase price of the dog plus sales tax.

Do I get a refund and the vet fees ??? or Do I get a puppy and the vet fees...????

thank you very much... any opinion will be great.... and will really help alot...

Originally Posted by Galatea

Here is a link to selected sections of the CA Puppy Lemon Law:

http://dogplay.com/Breeding/lemonlaw.html

[Galatea]

(b) If the dog has died, regardless of the date of the death of the dog, obtain a refund for the purchase price of the dog, plus sales tax, or a replacement dog of equivalent value of the purchaser' s choice and reimbursement for reasonable veterinary fees in diagnosis and treatment of the dog in an amount not to exceed the original purchase price of the dog, plus sales tax, if either of the following conditions exist:
(1) A veterinarian, licensed in this state, states in writing that the dog has died due to an illness or disease that existed within 15 days after the purchaser obtained physical possession of the dog after the sale by a pet dealer.
(2) A veterinarian, licensed in this state, states in writing that the dog has died due to a congenital or hereditary condition that was diagnosed by the veterinarian within one year after the purchaser obtained physical possession of the dog after the sale by a pet dealer. 122165. (a) There shall be a rebuttable presumption that an illness existed at the time of sale if the animal dies within 15 days of delivery to the purchaser.
(b) For purposes of Section 122160, a finding by a veterinarian of intestinal or external parasites shall not be grounds for declaring a dog unfit for sale unless their presence makes the dog clinically ill or is likely to make the dog clinically ill.
(c) For purposes of Section 122160, the value of veterinary services shall be deemed reasonable if the services rendered are appropriate for the diagnosis and treatment of illness or congenital or hereditary condition, made by the veterinarian and the value of similar services is comparable to the value of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian.

According to this they must reimburse reasonable vet fees so long as they don't exceed the cost of the dog

PLUS

give you either the purchase price of the dog or a new pup.

[karren]

Oh thank you very much......... I'm going to court first thing in the morning.... You made my day ... Thank you all....... really really appreciate it....

[Galatea]

Make sure you have documents, documents, documents as you will have the burden of proving everything - the price you paid, the cost of the vet, the fact that the issue was deemed congenital by a vet, the dog was less than a year etc.

Good luck!

[Gina2Westies]

Originally Posted by karren

Does anyone knows a lawyer to interpret the california puppy lemon law? .... This is the sentence " In the event your dog dies, you may receive a refund for the purchase price of the dog, plus sales tax, or a replacement dog of your choice, of equivalent value, and reimbursment for reasonable veterinary fees for the diagnosis and treatment of the dog".

This is my story... I bought a dog from a pet store in Huntington Beach,CA.. After 3 months the dog died because of liver failure and enlarge heart. The vet said it was congenital... so I told the pet store that I want my money back and the vet fees. He said I will only give your money back for the dog but not the vet fees. Is this right??? He said he is just following the law...

So sorry to hear about you experience. Unfortunately I know first hand what it's like to purchase a sick dog. Our Westie was very sick with Kennel COugh and an Upper Respiratory infection. You can read the full story on our Dogster page:

http://www.dogster.com/dogs/381013/d...s_diary/209943

We ended up sueing the pet dealer and getting reimbursed for the medical bills. I did extensieve research and I am aware of the NY Pet Lemon Law, but here is what I found for California:

California—When a consumer purchases from a breeder or a pet store, the consumer has 15 days after taking possession to have a vet certify the dog as unfit, then the dog may: (1) be returned for a refund or reimbursement of vet fees up to the original purchase price, or (2) exchanged with the same reimbursement, or (3) the dog may be kept and the owner receives up to 150% of the purchase price for vet fees to treat the dog. Also, commercial dealers are liable for 75% of the purchase price if the dealer fails to provide any promised registration papers within 120 days. Any dogs returned due to illness shall receive proper veterinary care. If the dog will continue to suffer, humane euthanasia may be performed if necessary.

[karren]

Yes, I do have all the documents....except from the vet ... I need to get it tomorrow too.....

[karren]

I'm so sorry for your westie..... that was awful....
that is good that you get your vet fees but geez... all the trouble....

Thank you very much for the information...... I'm verry happppy... I can sleep early now...

[Gina2Westies]

One other thing....like everyone else said get documents and a letter from your vet summarizing findings, diagnosis and treatments with dates. (copies of invoices should be OK) but a letter declaring that the dog was unfit will be valuable in court. Keep us posted!

ONE MORE THING* These breeders, pet dealers and pet stores need to be REPORTED. You can contact the department of Agriculture and file a complaint.

[Susan123]

It is alot like Florida's. I believe, and I'm not a lawyer, that you get a puppy or money back. Then you get vet bill money not to exceed cost of puppy.