SC Case Coming Up - Need Advice...

[NYBLU]

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

I purchased a persian cat from a well-known pet store, for over $500 as part of the sale the cat was supposed to come with a contract/papers stating the cats history, such as breed and health record and where this cat originated from. I paid in full and these papers were not given to me as promised. Upon bringing the cat home that evening I noticed that the cat had thick brown pus or discharge coming from his eyes. What was worse my children got terribly ill through the night, with severe breathing trouble and welts and rashes all over thier body. I had to contact my pediatrician on emergency. I was advised to have the animal removed from my home immediately as he was a major health threat to my children.

The following morning, I brought the animal back to the store and asked for a refund, explaining the how ill this cat made my 4 year old babies. The staff was very nasty: I was told "THATS NOT MY PROBLEM, GIVE IT TO THE ASPCA OR THROW IT OUT. YOU WILL NEVER SEE YOUR MONEY."
I came back on Tuesday to see the boss and was given the runaround again and he was NOT there.
To this day my children are being treated for this illness that resulted from the cat i purchased. It has been residing with a neighbor, but cannot keep it.
I have all necessary medical documentation from the doctor to support what i have stated here.

In addition, this pet shop has NUMEROUS complaints from the BBB, and similar awful reviews for deceptive business practice and unethical actions. Should I also bring printouts to demonstrate their history? Is this relevant to help my case?

I feel that this company store has conducted itself not only unprofessionally and unethically, but unlawfully engaging in fraud and deceptive business practices, while not fullfilling their obligation by not providing me with papers, documentation, or store policy.

All I want if for the store to do the right thing and take this animal back and issue a full refund.

What are the legal angles to present, and what about the cost of feeding and boarding, and doctors bill? Please advise ASAP Many thanks!

 

[BL]

After all that , where is your bill from the Vet very shortly after purchase ?

What health problems did/does the cat have ?

What documentation do you have that you would receive paperwork ?

What would the paper work have to do with the cat's worth ?

 

[NYBLU]

According to NYS Pet Shop Laws, they did not comply with any of the below: Please comment.

Lemon Laws:

Pet dealers must give purchasers of cats or dogs a written paper that provides specific info, including the animal’s health history, health status, and ownership history. (Penalty: license revocation) (N.Y. GEN. BUS. LAW § 753-b, N.Y. GEN. BUS. LAW § 755)
Pet dealers must give purchasers of cats and dogs a written paper advocating spay/neuter. (Penalty: license revocation) (N.Y. GEN. BUS. LAW § 753-b, N.Y. GEN. BUS. LAW § 755)
Pet dealers must post a sign notifying consumers that data about the animals is available. The sign must be near the cages of cats and dogs. (Penalty: license revocation) (N.Y. GEN. BUS. LAW § 753-b, N.Y. GEN. BUS. LAW § 755)
Pet dealers must post a consumers’ remedies sign in a visible location. They must give a written paper to buyers of cats and dogs stating the consumer remedies. (N.Y. GEN. BUS. LAW § 754)
Lemon law that offers recourse to those who purchase sick or diseased animals from pet shops. [See N.Y. GEN. BUS. LAW § 752 for consumer remedies for the purchase of an ill or diseased animal.]

 

[BL]

=NYBLU;2093747]According to NYS Pet Shop Laws, they did not comply with any of the below: Please comment.

Lemon Laws:

Pet dealers must give purchasers of cats or dogs a written paper that provides specific info, including the animal’s health history, health status, and ownership history. (Penalty: license revocation) (N.Y. GEN. BUS. LAW § 753-b, N.Y. GEN. BUS. LAW § 755)

Ok , if no paper then they're in violation .

Pet dealers must give purchasers of cats and dogs a written paper advocating spay/neuter. (Penalty: license revocation) (N.Y. GEN. BUS. LAW § 753-b, N.Y. GEN. BUS. LAW § 755)

See above:

Pet dealers must post a sign notifying consumers that data about the animals is available. The sign must be near the cages of cats and dogs. (Penalty: license revocation) (N.Y. GEN. BUS. LAW § 753-b, N.Y. GEN. BUS. LAW § 755)

See Above:

Pet dealers must post a consumers’ remedies sign in a visible location. They must give a written paper to buyers of cats and dogs stating the consumer remedies. (N.Y. GEN. BUS. LAW § 754)

See above:

Lemon law that offers recourse to those who purchase sick or diseased animals from pet shops. [See N.Y. GEN. BUS. LAW § 752 for consumer remedies for the purchase of an ill or diseased animal.]

Answer the questions .

Did you take the cat to a vet shorty after purchase ?

If not , why not ?

If so , what was the cat sick from .

The BBB isn't going to help you .

Call the local Attorney General's Office to see what the remedies are .

If you can prove your cat was sick at the time of sale , the health Dept. would also be interested .

 

[NYBLU]

follow-up..

Thx for the replies.

Does the health and how my children were affected have any bearing to my case? Obviously, I cannot keep this cat, so I want them to be ordered to take it back based on the fact that they are in violation of these laws.

All I have is a receipt of sale, and no other papers.
Any additional info is appreciatd. THX

 

[Zigner]

If you prevail in court, you can't force them to "take it back".

 

[BL]

Thx for the replies.

Does the health and how my children were affected have any bearing to my case? Obviously, I cannot keep this cat, so I want them to be ordered to take it back based on the fact that they are in violation of these laws.

All I have is a receipt of sale, and no other papers.
Any additional info is appreciatd. THX

With ignoring my questions , I can infer that you did not take the pet to a vet , therefor have no vet report .

Additionally the pet is in another home with no mention of it or any human being severely sick .

You did not mention the DX from the hosp., although what you describe can very well be allergy related .

You best bet is to contact the agencies I mentioned .

The health Dept. , or licensing agency may investigate the store .

The State may come down on them .

You'll have to have some solid evidence in hopes of prevailing .

You'll have to prove this wasn't just allergy related , plus you have no vet bills .

 

[NYBLU]

Answers....final inquiry..

Sorry, I didn't mean not to directly answer. NO, I did not goto the vet, b/c 1)I didn't have any money (my husband is out of work and we paid for dr. for our kids out of pocket) Plus, I kept trying to contact store, thinking they eventually would take it back.

I will go on the facts that they violated NYS petshop laws by not providing papers. I will state since they "broke" their end of the contract, I want them to take back the animal - Will it hurt or help the fact (legally) that my kids cannot be near the animal whatsoever, and therefore I cannot keep it. I don't want a judge to order them to give me papers, for ex, but to take it back and refund me.

I have the original doctor's note that based on the reaction of my child (welts, breathing difficulty, rash, etc.) she is allergic. Ironically, further blood tests showed she does NOT have a cat allergy. BUT, no doubt it WAS this cat that made her ill.

Thank you so much!

 

[Zigner]

You will NOT be able to force them to take the cat back...
Small claims court is for MONEY.

 

[Indiana Filer]

Sorry, I didn't mean not to directly answer. NO, I did not goto the vet, b/c 1)I didn't have any money (my husband is out of work and we paid for dr. for our kids out of pocket) !

Yet you had $500 to pay for a cat? If you cannot afford health care for a pet, you cannot afford a pet.

 

[Antigone*]

NO, I did not goto the vet, b/c 1)I didn't have any money (my husband is out of work and we paid for dr. for our kids out of pocket) .

I don't understand how you can purchase a cat under the circumstances you've just described

You obviously acted out of impulse and without much thinking. Find a nice home for the cat - it deserves at least that.