Who 'decides'?

[BeauJan]

What is the name of your state (only U.S. law)? Oregon

In the lemon law for dogs in Oregon there are 3 remedies

'Who decides' which remedy is chosen?

I bought a spayed 4 yr old English Bulldog from what is considered under the law as a 'dealer' (private sale), she was advertised as healthy.. When I met the seller and the dog, I was told several times she was healthy.. The Dealer had bred her for registered pups last fall, sadly, further 'evidence' to me that she was healthy ( I always health checked my dogs before breeding, thought it standard practice of breeders) Turns out this dealer, who told me she got this dog from a very bad situation, never had her health checked... tough to tell, I know of at least 3 Vets she used for this dog in the past year, don't know if there are more...

It was clear quickly that things told to me were not 'exactly true' once i got her home... Yet she is a fine dog...

I took her to the Vet because I thought she may have an existing UTI, only to find out she has bladder stones the size of quarters and at least 5 teeth that need to be pulled due to having abscessed. Surgery from this Vet in excess of $2,000

I called the seller, she went off the rails yelling and being foul.... Reiterating that I only had 48 hours to take her to the vet 'by law' and I had passed that..... I was out of luck...

I went searching in the ORS for information and found under the Lemon law that in purchases of dogs there is a 15 day window with an additional 4 to notify the dealer.... I complied under that.....

There are also 3 remedies

1. return the dog for full refund
2. return the dog for a replacement dog
3 the seller is liable for up to the purchase price of the dog in Vet bills...

The seller got crazy stupid, telling me to return the dog and they had an appointment to euthanize set up, ( if I wanted to, I could be in the room with her while she dies)This was not true, the clinic called me when they received records they did not order asking me about them... All a blatant effort to bully me and pull at my heart strings************** The Dealer ( I strongly suspect) also called the animal hospital I took my dog to, saying they were another vet to have the medical records for the dog faxed to a vet the dealer used to see what was in them (fraud in my book) when I said stupid, I meant it**************...

My question is**************... Who 'decides' which remedy? I would do the surgery and have her pay the Vet the purchase price ( medical care is more than what I paid)

It looks as if I will end up having to either take the loss or file small claims after the surgery..... I just want to know before I file if I have a leg to stand on......

( I figure since she was willing to refund my money in full and put the dog down, I am really saving her the cost of euthanasia of a treatable dog)

Thank you for any advise on this**************...

 

[Proserpina]

(For anyone else: https://www.avma.org/Advocacy/StateAndLocal/Pages/pet-lemon-laws.aspx )

The hard part isn't getting the judgment; it's collecting the judgment.

The idea is to make you whole - in this case it appears she's offering a full refund, which should take care of that issue. If she's willing to do that, I'd probably jump on that.

 

[quincy]

What is the name of your state (only U.S. law)? Oregon

In the lemon law for dogs in Oregon there are 3 remedies

'Who decides' which remedy is chosen?

I went searching in the ORS for information and found under the Lemon law that in purchases of dogs there is a 15 day window with an additional 4 to notify the dealer.... I complied under that.....

There are also 3 remedies

1. return the dog for full refund
2. return the dog for a replacement dog
3 the seller is liable for up to the purchase price of the dog in Vet bills...

... My question is**************... Who 'decides' which remedy? I would do the surgery and have her pay the Vet the purchase price ( medical care is more than what I paid)

It looks as if I will end up having to either take the loss or file small claims after the surgery..... I just want to know before I file if I have a leg to stand on......

( I figure since she was willing to refund my money in full and put the dog down, I am really saving her the cost of euthanasia of a treatable dog) ...

A couple of questions: Did the dealer have the dog examined by a vet 14 days before your purchase, the exam of which indicated no disorder/disease? Did the dealer at any time prior to purchase say the dog had a disorder/disease?

If the answer is yes to either of those, then the dealer does not have to provide you any relief.

If the answer is no to both of those, and you had the dog examined by a vet within 15 days after purchase and you notified the seller within 4 days after the vet examination, you can provide the dealer with the vet exam results AND provide the seller with your proof of sale AND return the dog, to get a full refund for the purchase price of the dog (and the seller has the option of having the dog euthanized - not your choice).

OR you can, upon agreement with the seller, accept a replacement dog AND return the dog you have currently (and the seller has the option of having the dog euthanized - not your choice).

OR you can ask for reimbursement of vet expenses for up to the purchase price of the dog and KEEP the dog, but you must handle the veterinarian costs in the future, waiving any and all other claims against the seller.

You cannot, in other words, expect to keep the dog and be reimbursed for any veterinarian expenses over and above the original purchase price of the dog. The vet costs are on you if you want to keep the dog. The seller has the right to limit her costs by euthanizing the dog otherwise.

If you want to keep the dog, you can ask the seller to reimburse you for the purchase price (or to cover the vet bills up to the purchase price) - but you would have no legal action to pursue against the seller after the seller has reimbursed you the purchase price.

 

[BeauJan]

A couple of questions: Did the dealer have the dog examined by a vet 14 days before your purchase, the exam of which indicated no disorder/disease? Did the dealer at any time prior to purchase say the dog had a disorder/disease?

If the answer is yes to either of those, then the dealer does not have to provide you any relief.

If the answer is no to either of those, and you had the dog examined by a vet within 15 days after purchase and you notified the seller within 4 days after the vet examination, you can provide the dealer with the vet exam results AND provide the seller with your proof of sale AND return the dog, to get a full refund for the purchase price of the dog (and the seller has the option of having the dog euthanized - not your choice).

OR you can, upon agreement with the seller, accept a replacement dog AND return the dog you have currently (and the seller has the option of having the dog euthanized - not your choice).

OR you can ask for reimbursement of vet expenses for up to the purchase price of the dog and KEEP the dog, but you must handle the veterinarian costs in the future, waiving any and all other claims against the seller.

You cannot, in other words, expect to keep the dog and be reimbursed for any veterinarian expenses over and above the original purchase price of the dog. The vet costs are on you if you want to keep the dog. The seller has the right to limit her costs by euthanizing the dog otherwise.

If you want to keep the dog, you can ask the seller to reimburse you for the purchase price (or to cover the vet bills up to the purchase price) - but you would have no legal action to pursue against the seller after the seller has reimbursed you the purchase price.

No to both, in fact, after a bit of digging after the diagnosis and speaking with them ( the dealer) I found out there was a what seems to be a systematic avoidance of any kind of exam... Had 2 Vets tell me the dealer outright refused exams ( not that will ever be written down, so, just information for me alone)

Purchase price is allI am looking for, I have sent the dealer written conformation that after that they are held harmless.... I offered them this with full knowledge of what I am looking at in the future with this dog (Heck, I am saving them the extra cost of euthanasia.... 'funny', they did not seem impressed with my consideration....)

Thank you for your responses, I will be looking into ways to collect.... This dealer is a unstable bully and they picked the wrong person to try and bully.....

 

[quincy]

No to both, in fact, after a bit of digging after the diagnosis and speaking with them ( the dealer) I found out there was a what seems to be a systematic avoidance of any kind of exam... Had 2 Vets tell me the dealer outright refused exams ( not that will ever be written down, so, just information for me alone)

Purchase price is allI am looking for, I have sent the dealer written conformation that after that they are held harmless.... I offered them this with full knowledge of what I am looking at in the future with this dog (Heck, I am saving them the extra cost of euthanasia.... 'funny', they did not seem impressed with my consideration....)

Thank you for your responses, I will be looking into ways to collect.... This dealer is a unstable bully and they picked the wrong person to try and bully.....

You are entitled under the law to the refund price so I wish you good luck with your collection efforts. I agree with Proserpina that it can be collecting what is legally owed that is often the biggest problem. A letter drafted by an attorney to the seller, threatening suit if the purchase price is not refunded, might work to get a refund more quickly.

I am glad you are keeping the dog. We purchased a dog that we discovered on a vet check required major surgery and we were given the option by the seller of returning her. She would have undoubtedly been euthanized. It is funny how quickly an animal becomes a part of the family, though. We kept her, we paid for the (expensive) surgery, and she lived a healthy 13 years after that (which, for her breed, was a long time).

Good luck.

 

[BeauJan]

You are entitled under the law to the refund price so I wish you good luck with your collection efforts. I agree with Proserpina that it can be collecting what is legally owed that is often the biggest problem. A letter drafted by an attorney to the seller, threatening suit if the purchase price is not refunded, might work to get a refund more quickly.

I am glad you are keeping the dog. We purchased a dog that we discovered on a vet check required major surgery and we were given the option by the seller of returning her. She would have undoubtedly been euthanized. It is funny how quickly an animal becomes a part of the family, though. We kept her, we paid for the (expensive) surgery, and she lived a healthy 13 years after that (which, for her breed, was a long time).

Good luck.

Though I would like to collect what is due me should I prevail, I am more interested in making sure this dog has a good secure life for her remaining years and give that dealer a bit of heartburn.... That will be enough.

 

[quincy]

Though I would like to collect what is due me should I prevail, I am more interested in making sure this dog has a good secure life for her remaining years and give that dealer a bit of heartburn.... That will be enough.

I hope the dealer has a change of heart and refunds the money with no more hassle - or, if not, I will hope for dealer heartburn right along with you.

The bulldog is lucky you found her.