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Misrepresentation Pet Sale

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A

AnimalChick

Guest
What is the name of your state? California

Hello,
I own a pet store that sells puppies. Upon the first week of opening my store, I sold a purebred unregistered Maltese puppy to a customer. I informed her that the puppy was purebred, but was not able to be registered with the AKC (american Kennel Club). I also informed her that the dog should mature around 7- 10 pounds (breed standard). She purchased the puppy from me for $450.00 and off she went.
4 1/2 months later she comes back to my shop wanting the registration papers. I informed her that there was no possible way to register the dog and that I told her that at the time of sale. Not satisfied, she asked me to take the now 6 month old dog back and give her a FULL refund. I told her that was not an option. We discussed other ways to fix the situation and came to an agreement. She left, satisfied.
Today I recieved a letter in the mail stating that she expected a partial refund of $400.00 for the 'mutt' that I sold her. She also stated that her son is a lawyer and that she would expect the money within 5 days!
Unfortunatly, do to the fact that I was so new to being open, I failed to keep documentation of the sale that would prove that I sold her the dog that she knowingly bought without registration papers. Am I doomed?
Thanks for your help
 


I AM ALWAYS LIABLE

Senior Member
My response:

You said, "We discussed other ways to fix the situation and came to an agreement. She left, satisfied."

Did you want to let us in on the secret? And, don't make me play "20 Questions" with you.

IAAL
 
A

AnimalChick

Guest
No 20 questions, I was not sure if I needed to go into detail. Sorry.
My husband and I asked her what we could do to 'fix' the issue (customers first) and that is when she said that she wanted to give the dog back. She also stated that she was tired of it pissing all over her carpet. We informed her that we cannot just take back a 6 month old dog, under the california puppy lemon law, a consumer cannot bring back a dog that they 'decide' they don't ant anymore. She decided that it would break her little grandaughters heart of we took it back. So, in turn we exchanged a $60 carrying case that her little dog had grown out of. I also offerd her FREE obedience training with a professional trainer ($100 value). The training would help her with her potty training issues.

Her recent letter states that I "Sold her a miniature Maltese" when the sign on the pen openly stated "Purebred Maltese", there is NO such thing as a miniature Maltese. She is unhappy that her little dog weighs more than 7 pounds.

California Law also states that pet stores are not liable for how large the dog grows (can't control genetics right?) no matter the breed, or wether the dog is registered or not.

I personally purchased the puppy at 8 weeks from a breeder who showed me the parents both of which were Maltese dogs. I did not recieve anything in writing from the breeder stating these dogs were infact Purebred (my mistake)

Thanks
 

I AM ALWAYS LIABLE

Senior Member
My response:

I can't help you. You never gave me any dates, and you only said you "offered" - - never stating whether your offer was in writing, and accepted by her. There are many other things I'd need to help you, like what her receipt said, but I'm not going to go back and forth with you.

Look, let her sue you. Then you can tell your disjointed story to a judge.

IAAL
 
A

AnimalChick

Guest
Well excuse me and my disjointed story, I humbly apologize for wasting your time. Thanks for your stimulating advice.
 

I AM ALWAYS LIABLE

Senior Member
AnimalChick said:
Well excuse me and my disjointed story, I humbly apologize for wasting your time. Thanks for your stimulating advice.

My response:

Your apology is accepted. Just don't do this to a judge, or you'll get cut off at the knees.

IAAL
 

JETX

Senior Member
I assume that all of this has at least taught you a very valuable lesson.... ALWAYS GET EVERYTHING IN WRITING.
If you had done that, including the 'understanding' you would not be facing a possible lawsuit.
Oh, and tell the old lady to stuff it!!
 

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