people's Lawyer


Puppy Comes with warranty

Question I purchased a new pedigree puppy from a professional breeder. As soon as I got i t home, it became very will. I brought it to the veterinarian, but after two day s and $1,000 in expenses, the puppy died. The seller refuses to help pay the vet bills or even give me my money back. What are my legal rights?
Answer Under the law, unless you bought the dog "as is," you get what is called a warra nty of merchantability. This is a warranty that the law implies in any contract for the sale of "goods." A dog is considered a "good," just like any other produ ct you purchase. Under this warranty, any merchant who sells a product warrants that it is "fit for its ordinary purpose," and will "pass without objection in t he trade." In my opinion, this basically means that you have a guarantee that th e dog is healthy at the time of the sale. If you can show that the dog had the m edical problem at the time you purchased it, the seller has breached the warrant y of merchantability, and should be liable for damages. I suggest you let the se ller know you expect your money back, and to be compensated for some or all of t he vet bills. If you can not settle the matter, consider a claim in small claims court.