Money back from purchase of puppy + vet bills

[runningwater]

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

Last week, my wife and I purchased a dog from a lady on Craigslist for $50. We asked the woman if the pup had had all it's shots and vaccines and she said "Yes, he is up to date on all his shots".

That night we brought him home we noticed that he was infested with roundworms. That was my first clue that he was not being taken care of.

We only had the pup for about 2-3 days and he started getting really sick (vomiting almost constantly). I had to take him to the Animal ER nearby. It ended up that the puppy that we bought from this lady had Parvo and we ended up having to put it down. The vet bill ended up being $250 for the tests and euthanasia.

Is there any way we can make this lady pay us back the $250's in vet bills + the amount that we paid for this puppy? It is obvious that he did not get the shots and vaccines that we were told he had - this all could have been prevented if he had.

 

[RRevak]

Maybe you can but maybe you cant. First, the Parvo vaccine does not always protect the dog from acquiring the virus. Since 2006 there has been a new strain that is proving to be vaccine resistant. Its becoming more common than people think. If your dog had this particular strain then it may have not been protected despite the owners best efforts. Second, there are plenty of cases out there where the vaccines have the ability to actually give the dog Parvo, especially if the dog had low immune system tolerance to the vaccine. If the dog was vaccinated close to the time of your purchasing it, this may also have been a factor. Third, if the dog started showing symptoms 2-3 days after you got it then the virus was very recently acquired...prob within the last week to 2 weeks before you got it. Parvo onset is extremely fast (there have been cases where dog begins showing signs and is dead within 24hrs) so there is a chance the owner didnt even know the dog was sick. Worms are pretty common in puppies which is why its recommended they be treated frequently for the first 6 months to a year of life. You're going to have to prove the owner new the dog was sick and sold it anyway. Aside from the worms that might be pretty difficult unless you can get a vet to determine the dog was symptomatic before your purchasing it. What did your vet tell you when you brought the dog in?

 

[divona2000]

...We asked the woman if the pup had had all it's shots and vaccines and she said "Yes, he is up to date on all his shots"...It is obvious that he did not get the shots and vaccines that we were told he had - this all could have been prevented if he had.

So, at the time of purchase, you did not request copies of the puppy shot record and puppy-wellness vet check?

 

[Antigone*]

The OP certainly has the right to sue for his out-of-pocket costs.

My suggestion for future puppy purchases: Take the puppy to the vet yourself as soon as you can after purchase (the next day).

 

[runningwater]

We actually did ask for documents or something and the woman just kept saying "he's had his shots". We just took her word in good faith.

My mother-in-law called the woman after we had to put the puppy down and said that she believes we deserve our money back at the very least. The lady then replied with a 'we'll have to see about that'. She also told the woman that either me or my wife would contact her soon to discuss what had happened.

The woman wouldn't return my phone calls until I told her that I had contacted the county sheriff's dept and told her that I would be in contact with the magistrates office as well as the humane society.

I then found out that they had only had the dog for 2 weeks and that she had originally got it from a Mexican couple (don't know what difference that made) that told her to put it up on Craigslist for $50.

 

[Antigone*]

We actually did ask for documents or something and the woman just kept saying "he's had his shots". We just took her word in good faith.

My mother-in-law called the woman after we had to put the puppy down and said that she believes we deserve our money back at the very least. The lady then replied with a 'we'll have to see about that'. She also told the woman that either me or my wife would contact her soon to discuss what had happened.

The woman wouldn't return my phone calls until I told her that I had contacted the county sheriff's dept and told her that I would be in contact with the magistrates office as well as the humane society.

I then found out that they had only had the dog for 2 weeks and that she had originally got it from a Mexican couple (don't know what difference that made) that told her to put it up on Craigslist for $50.

Sue the bad lady in court.

...and who cares whether the couple she got the puppy was Mexican, Chinese or Martian... I just don't get why you needed to post that.

 

[RRevak]

We actually did ask for documents or something and the woman just kept saying "he's had his shots". We just took her word in good faith.

My mother-in-law called the woman after we had to put the puppy down and said that she believes we deserve our money back at the very least. The lady then replied with a 'we'll have to see about that'. She also told the woman that either me or my wife would contact her soon to discuss what had happened.

The woman wouldn't return my phone calls until I told her that I had contacted the county sheriff's dept and told her that I would be in contact with the magistrates office as well as the humane society.

I then found out that they had only had the dog for 2 weeks and that she had originally got it from a Mexican couple (don't know what difference that made) that told her to put it up on Craigslist for $50.

Again, shots are NOT a guarantee the dog will not get Parvo. It can be very hard to successfully vaccinate a puppy for this disease because the antibody protection the puppy acquires from the mother can interfere with vaccination. Since they only had the dog for 2 weeks there is a chance they didn't even know the dog was sick themselves. I'm willing to guess that the dog was infected either shortly before they got it or right after meaning that you brought it home just as the virus was rearing its ugly head. Parvo has a 7-14 day window of time from infection to symptoms. Sure you can try to sue but its not a guarantee that you'll win esp if you're suing people who didnt know they had a sick dog in the first place.

 

[tranquility]

Unless there is a contract stating right of return, the sale was "as is" and there is no contractual remedy. If the other party made an intentional or negligent misrepresentation, the OP has rights to the vet costs and the costs of the puppy.

I'd ask the woman for a record of the vaccinations. See how she responds. If they are provided, there is no case as there is no misrepresentation. If she does not, make a formal demand for the money and sue her in small claims if she does not pay. The hardest part would be if Parvo is a part of "all". I think it is a good idea and my dog has it, but I am uncertain if it is a part of "all" puppy shots. It might depend on the part of the country you are.

 

[RRevak]

Unless there is a contract stating right of return, the sale was "as is" and there is no contractual remedy. If the other party made an intentional or negligent misrepresentation, the OP has rights to the vet costs and the costs of the puppy.

I'd ask the woman for a record of the vaccinations. See how she responds. If they are provided, there is no case as there is no misrepresentation. If she does not, make a formal demand for the money and sue her in small claims if she does not pay. The hardest part would be if Parvo is a part of "all". I think it is a good idea and my dog has it, but I am uncertain if it is a part of "all" puppy shots. It might depend on the part of the country you are.

Yes, canine parvo is part of standard 5-1 and 7-1 puppy vaccines. Noncore vaccines include leptospirosis, coronavirus, canine parainfluenza and Bordetella bronchiseptica (both are causes of 'kennel cough'), and Borrelia burgdorferi (causes Lyme Disease)

 

[RRevak]

OP, did the dog look sick when you went to look at it? Any signs of lethargy, fever etc?

 

[racer72]

This is one of the reasons Craigslist does not allow the sale of animals. But sellers post the ads anyway and no one flags them so people like the OP end up with what they have.

 

[RRevak]

This is one of the reasons Craigslist does not allow the sale of animals. But sellers post the ads anyway and no one flags them so people like the OP end up with what they have.

And one of the reasons that a $50 Craigslist puppy without proof of vet visits etc was a BAD idea.

 

[RRevak]

Unless there is a contract stating right of return, the sale was "as is" and there is no contractual remedy. If the other party made an intentional or negligent misrepresentation, the OP has rights to the vet costs and the costs of the puppy.

I'd ask the woman for a record of the vaccinations. See how she responds. If they are provided, there is no case as there is no misrepresentation. If she does not, make a formal demand for the money and sue her in small claims if she does not pay. The hardest part would be if Parvo is a part of "all". I think it is a good idea and my dog has it, but I am uncertain if it is a part of "all" puppy shots. It might depend on the part of the country you are.

And even if she did provide a record of vacs it still wasn't a guarantee the dog wasn't going to get or didn't have Parvo. Now if the records showed MULTIPLE rounds of Parvo vacs (vets generally recommend vaccinating puppies every 3 to 4 weeks for this virus starting at 6wks old and continuing till they're at least 16 and preferably 20wks old) then that would be different. BUT, unless this protocol was followed there was no promise the seller could have made that the dog wouldn't get sick.

 

[runningwater]

The only thing that we noticed was that he was kind of bloaty when we went to go get him. The woman had just given him a bath when we came to see him. When we got him home he was kind of lethargic and would hardly eat anything maybe a couple tiny pieces of food was all.

I attributed the lethargy and loss of appetite to changing locations and being in a new home.

The next day was about the same and he still hardly ate, and he laid around all day long.

The 3rd day he was laying around and vomiting a lot. That night when I got home from work I took him to the Veterinary ER.

It may sound weird - but even though we only had him 3 days, I had already become attached to the dog and was very upset that we had to put him down.

 

[RRevak]

The only thing that we noticed was that he was kind of bloaty when we went to go get him. The woman had just given him a bath when we came to see him. When we got him home he was kind of lethargic and would hardly eat anything maybe a couple tiny pieces of food was all.

I attributed the lethargy and loss of appetite to changing locations and being in a new home.

The next day was about the same and he still hardly ate, and he laid around all day long.

The 3rd day he was laying around and vomiting a lot. That night when I got home from work I took him to the Veterinary ER.

It may sound weird - but even though we only had him 3 days, I had already become attached to the dog and was very upset that we had to put him down.

Then he was in the early stages when you brought him home. The first signs of Parvo are lethargy, loss of apatite, general signs of depression. Then the gastrointestinal signs come. Vomiting, severe diarrhea with traces of blood and then followed by dehydration then death if not treated fast enough. How long was the ad for the puppy running before you went to see it?