Pet store sold me a sick puppy and refuses to help me!!!

[speedstream]

California

On Friday, March 28th I purchased a $3000 puppy from a pet store here in Southern California. A beautiful 8 week old English Bulldog. Little did I know she was sick when I purchased her. The pet store owner did not disclose this information to me orally. Only after I had signed and initialed his contract did he hand me a vague looking medical sheet which was basically the puppy's health evaluation. The evaluation showed the pet as fit for sale by a licensed veterinarian, but I did not notice that the vet had checked off "yes" on nose discharge, nor did I understand what "yes mild" on upper respiratory meant.

On Monday night the puppy started coughing and vomiting. Tuesday morning I took Sophie our bulldog to the local vet. She was diagnosed with an upper respiratory infection, basically Kennel Cough(untreated turns into pneumonia). She was prescribed an antibiotic (clavamox). Yesterday I noticed her condition was getting much worse, realizing this I took Sophie to the pet store to ask for some sort of help ( a referral to his vet hoping he would take some responsibility ). The pet store owner claimed he had a stronger more expensive medicine than clavomox, and that further veterinarian visits were not needed. He gave my pup medicine. He asked me to bring the dog into the pet store for the next 3 consecutive days to give her this unknown medication. If her condition did not improve he wanted me to take her to HIS vet, the one who evaluated this puppy as fit for sale.

Yesterday night around 9pm we realized Sophie was extremely lethargic. She would not eat, she would attempt to drink water and then vomit shortly afterwards. Her coughing was constant, every two minutes. She was exhausted. We decided enough was enough. We took her to the emergency room, x rays were taken, and she was diagnosed with pneumonia. She spent the night in the intensive care unit undergoing oxygen treatment in an incubator with IV fluids, and multiple injections.The emergency room vet advised that I should check her into veterinarian hospital to continue her oxygen treatment.

This morning I pulled her from the emergency room and took her to a hospital where the doctor recommended she stays until sunday to continue her ongoing treatments. The 3-4 nights she spends in the hospital will cost over $3500 and the vet does not guarantee anything.

I signed the pet store contract under the impression that my puppy was in good health. Their contract states maximum reimbursement of veterinary expenses due to major surgery or hospitalization in the event of sellers liability is 33.33% from vet bills up to the purchase price of the animal. Once the value of the puppy has been reimbursed no further refunds, replacements or reimbursements will be made. Any serious health problems or any vet expenses due to a health problem will only be reimbursed if the puppy is taken to a Veterinarian nominated by seller...

We took her to the closest emergency room, as well as the closest hospital from the emergency room. The pet store is located almost 30 miles from my house.

Right now I am very worried about my puppy. I cannot afford these medical fees. I want to do the right thing. Please can you help?

I contacted the pet store owner and he was not helpful. He scolded me for not taking my dog to HIS veterinarian. He told me I had punched myself in my face and that he could not do anything to help. He stated that the 3 different veterinary hospitals who treated Sophie were attempting to rip me off which is hardly believable considering they all have great reputations in the community and they all diagnosed her with the same problem, pneumonia.

What can I do? I believe he is responsible for misleading me into purchasing this sick pet.

 

[speedstream]

I would like him to pay for her vet bills.

 

[pauper_72]

Did his contract

state anything about health guarantees? If not, does California have an understood health guarantee on the books? Most puppy contracts will state that there is a certain amount of time that you have to take the puppy for an evaluation to ensure it is healthy and if it is not, you can return it for exchange (some include refund). Personally, I hope the store does have to pay your vet bills. I cannot see how, if the dog is fit for sale, you would get any medical paid...but I do not live in California. I wonder if the sale of a pet is considered "as is". If so, you knew it was sick and agreed to it by signing the contract.

That was posted in hopes of being helpful...this next part is posted because you are an idiot for buying from a pet store! Then you allow said pet store to medicate your dog with an unknown substance??? Please tell me you learned and will NOT purchase a pet from a pet store again!

PS - If these 3 different veterinary hospitals all have great reputations in the community why did you not ask them for a referral to a REPUTABLE breeder??? Emotionally, I hope you get squat.

 

[navdoc]

First of all by not going to a reputable breeder you probably got a puppy mill dog who I predict will have other health problems as well down the line. Puppy mills don't generally care about genetic soundness of the dog but getting as many puppies out the door for the most profit. So the next time that you are in the market for a dog go to a good breeder or a rescue and stop giving those deplorable puppy mills business.
OK now that I am off my soapbox...
Most breeders require you to take the animal to a vet within so many days of taking custody for a health check. If that was not done in quite a few areas you are going to be responsible for all vet bills and or replacement of the dog. You need to check the contract that you signed with the pet store. If they have that clause then good luck with your sick puppy. Take the dog to your own vet and get her treated. Your first concern should be for the welfare of the dog not getting your money back.

 

[SF439]

California has stringent laws and you have a high chance of recovery of medical bills current and future if taken to court. Or, you can sue for your money back. But I would press forward and take it to court.

 

[shirlee]

No fairrrr!!!!

that is not right...he know he did the wrong thing.....he ripped u offf.....that poor dog is getting so much help...ur giving so much love to it...im proud ur taking care of it and u didn't give up on it.....DONT LET HIM GET AWAY WITH IT!!! YOUR DOING ALL U CAN TO TAKE CARE OF IT....THE LEAST HE SHALL DO IS PAY FOR HALF OF IT!! NOOOOOOOOOO FAIIRRRR!!!!! HE HAS NO LOVE FOR AN ANIMAL.....

 

[ErinGoBragh]

that is not right...he know he did the wrong thing.....he ripped u offf.....that poor dog is getting so much help...ur giving so much love to it...im proud ur taking care of it and u didn't give up on it.....DONT LET HIM GET AWAY WITH IT!!! YOUR DOING ALL U CAN TO TAKE CARE OF IT....THE LEAST HE SHALL DO IS PAY FOR HALF OF IT!! NOOOOOOOOOO FAIIRRRR!!!!! HE HAS NO LOVE FOR AN ANIMAL.....

Wow. Just wow.

Way to go on a rant there.

 

[divona2000]

Especially on a post that is seven months old.

 

[Alpine77]

California Law Regarding this Question

I know this is an old post, but for those who may find this in the future, here is the California state law regarding this case and the options that you have.

§ 122070. Sale of ill or diseased dog; purchaser's remedies

(a) If a licensed veterinarian states in writing that within 15 days after the purchaser has taken physical possession of a dog following the sale by a breeder, the dog has become ill due to any illness or disease that existed in the dog on or before delivery of the dog to the purchaser, or, if within one year after the purchaser has taken physical possession of the dog after the sale by a breeder, a veterinarian licensed in this state states in writing that the dog has a congenital or hereditary condition that adversely affects the health of the dog, or that requires, or is likely in the future to require, hospitalization or nonelective surgical procedures, the dog shall be considered unfit for sale, and the breeder shall provide the purchaser with any of the following remedies that the purchaser elects:

(1) Return the dog to the breeder for a refund of the purchase price, plus sales tax, and reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed the original purchase price of the dog, including sales tax.

(2) Exchange the dog for a dog of the purchaser's choice of equivalent value, providing a replacement dog is available, and receive reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed the original purchase price of the dog, plus sales tax on the original purchase price of the dog.

(3) Retain the dog, and receive reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed 150 percent of the original purchase price of the dog, plus sales tax.

(b) If the dog has died, regardless of the date of 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 for diagnosis and treatment of the dog in an amount not to exceed the purchase price of the dog, plus sales tax, if any 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 breeder.

(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 breeder.

 

[Antigone*]

Thank you Alpine for contributing to the bringing back from the dead!!!

Necroposting is not welcome in our forum.

 

[taquechi]

My Puppy Died

I went through the same thing, only though my puppy died from other circumstances, but according to my Vet, it was inherited. The Pet Store owner has been kind of quiet. At first she said this is the first time that has happened, also that her breeder never had any issues, just like I read from other articles. Now, my puppy is gone, I had her for almost 5 months. She was sick with meningitis from the beginning, but couldn't tell from the beginning. I spent almost $6,000.00 trying to keep her alive but at the end, death came upon her I will try to get this irresponsible people to pay fro all the expenses but unfortunately, they cannot pay for the pain they have caused me and my family with our loss

 

[quincy]

I went through the same thing, only though my puppy died from other circumstances, but according to my Vet, it was inherited. The Pet Store owner has been kind of quiet. At first she said this is the first time that has happened, also that her breeder never had any issues, just like I read from other articles. Now, my puppy is gone, I had her for almost 5 months. She was sick with meningitis from the beginning, but couldn't tell from the beginning. I spent almost $6,000.00 trying to keep her alive but at the end, death came upon her I will try to get this irresponsible people to pay fro all the expenses but unfortunately, they cannot pay for the pain they have caused me and my family with our loss

I am sorry about the loss of your puppy, taquechi, but reviving old threads to add comments or questions is frowned upon on his forum. This thread was started in 2008.

If you have a question, please start your own thread and, if you do, please remember to add the name of your state.

Thank you.