Purchased Dog via internet where do I file Claim??

[ehask]

I am in Florida the Breeder is in Oaklahoma. I purchased a AKC Pug Puppy from a breeder in OK for $750. Which included AirFare. It has been a month and I havent received the AKC Papers or Health Cert. The breeder keeps telling me different reasons why they havent sent them.

First it was due to the weather in OK the mail wasnt picked up. Then it was they didn't know where they were. The last one was a week ago "They were returned to us in the mail".

During our checkup at the vet the Vet said there is a problem with the dog that could be serious enough to need surgery. And possibly render him sterile so if we purchased for breeding we should contact the breeder.

They will not return my calls. If I wanted to file Small Claims against them where would I File in Florida or Oaklahoma??

Thx for any help,

Eric

 

[stephenk]

oklahoma..

 

[JETX]

oklahoma..

Actually, the CORRECT answer is.... Oaklahoma.

 

[stephenk]

I stand corrected. hehe

 

[badapple40]

I think you could file in Florida if you wanted. If it included airfare, and they knew you were in florida, seems to me they've purposely availed themselves of Florida's courts for this particular contract, and personal jurisdiction is met.

 

[tijerin]

I don't know.. shouldn't it be Oaklahoma

How is "personal jurisdiction" met in this contract? The "air travel" was just a means to ship the dog. Did the breeders actually accompany the dog to Florida, thus consummating the transaction there? or just SHIP the dog, using the airlines as a means of shipping?

If you buy something from someone in another state, they have to ship you the product and, it seems to be the consensus that you'd have to file in the other party's state.

Why is this case any different?