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Consumer Law

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oscar0601

Guest
My husband bought me a what was supposed to be a pedigreed dog at christmas. I have a signed form from the seller stating that the papers for the dog would be sent in 90 days. It has now been 180 days. I contacted the seller in February, and he said he had sold the dog for a friend and had not received the papers from them, but would forward them as soon as he got them. I continued to call and leave messages for this seller but did not get a response. On June 1, i again called the seller but got his daughter or wife. they apologized for not calling since there had been a recent death in the family, and that the papers had been mailed on the 31st. it is now june 18 and i still don't have the papers. the home phone has been disconnected. all i have is a voice mail number and a po box. what is my next step? i live in texas, and the seller is 6 hours away in texas. i would like to settle this by getting the papers, but if they cannot be provided can i sue for the cost of the "pedigreed" dog?
 


JETX

Senior Member
In theory, you could sue for your damages, the difference in value between a pedigreed dog v. a 'non-pedigree' one. But, since there is no inherent value difference, you will have to prove that the difference has damaged you. For example, there is NO value difference in the two dogs if your intent is to walk down the street with them, but there is if your intent was to breed or show the dog.

So, you would first have to prove that you were damaged, then you would have to prove the damages. That would be the value difference in the two (pedigree v. non).

I would suggest that you formalize your complaint with the seller by sending them the details and demand for 'papers' by certified RRR mail. Give them a reasonable amount of time (5 days??) to comply with your request. Then you will be forced to pursue 'further action'.

Since both of you are in Texas, you also have the protection of the TDTPA (Deceptive Trade Practices Act). To see what you need to do (notice!), read the statute at:
http://www.capitol.state.tx.us/statutes/bc/bc001700.html#bc013.17.41

 
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oscar0601

Guest
Thank you for your quick reply. That is exactly what I had already set out to do, except I gave him 14 days to send me the papers certified. I just wanted to be sure that was my next course of action.

If he fails to respond to this request, do you think it would be beneficial to get a letter drawn up by a lawyer to maybe scare him into sending the papers? I would rather keep this out of court all together.
 

JETX

Senior Member
You asked, "would be beneficial to get a letter drawn up by a lawyer to maybe scare him into sending the papers?".

Let me get out my old 'all-seeing-eight-ball' (remember them??). Okay, found it. Now, turning it upside down and shacking it REAL good...... turning it right-side up.... hold on, here comes the answer.... finally! It says, "depends on how easy it is to 'scare' the seller into compliance." Wow, haven't seen that response before!!!
 

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