No refunds policy, but seller failed to disclose saftey issue

[happytrailrider]

We adopted a dog that was vicious and attacked us. We returned the dog to the organization, they refused to refund the adoption fee because they made us sign a form that said no returns allowed. The dog was diagnosed with fear aggression by the vet and it also stated in the vet paperwork that the dog bites. This information was not disclosed to us until after adoption fee was paid, had we known about this condition, we would not have adopted.

 

[quincy]

We adopted a dog that was vicious and attacked us. We returned the dog to the organization, they refused to refund the adoption fee because they made us sign a form that said no returns allowed. The dog was diagnosed with fear aggression by the vet and it also stated in the vet paperwork that the dog bites. This information was not disclosed to us until after adoption fee was paid, had we known about this condition, we would not have adopted.

What is the name of your state?

 

[happytrailrider]

What is the name of your state?

I live in Virginia, but the dog was adopted from a foster family in Maryland, the adoption company doesn’t have a physical address (all dogs are in foster homes as there is no physical kennel) but when googled everything about their non-profit company says they are in Maryland.

 

[Zigner]

Having signed a "no-refund" agreement, why do you feel you're entitled to a refund?

 

[PayrollHRGuy]

I'm betting it was because of a "flaw" with the dog that was known by the org and not disclosed.

 

[Zigner]

I'm betting it was because of a "flaw" with the dog that was known by the org and not disclosed.

Yes, I get that. My question stands.

 

[happytrailrider]

Having signed a "no-refund" agreement, why do you feel you're entitled to a refund?

A no refund policy does not free a seller from gross negligence. The adoption agency failed to disclose information that there is physical proof showing they knew the dog was vicious as diagnosed by a vet and didn’t not tell us that, either in the dog’s description or in person when we showed up. They knew about it and didn’t tell us, and had we known about this we would not have signed the form or made the adoption. Is there nothing that protects a buyer from a sleezball move like that?

 

[Zigner]

Did you ask?

 

[happytrailrider]

Did you ask?

Yes, multiple times and they they haven’t responded it’s been almost a week.

 

[PayrollHRGuy]

I tend to agree with the OP if a vet actually and on paper reported to the org that the dog was "vicious" there is a moral duty to those purchasing/adopting the dog.

Now to find a legal duty.

 

[Zigner]

Yes, multiple times and they they haven’t responded it’s been almost a week.

Did you ask about the dog's propensity to viciousness prior to adopting it?

 

[PayrollHRGuy]

And I may have found something under Maryland law.

§10–619.
(e) An owner of a dangerous dog or potentially dangerous dog who sells or gives the dog to another shall notify in writing:
(1) the authority that made the determination under subsection (c) of this section, of the name and address of the new owner of the dog; and
(2) the person taking possession of the dog, of the dangerous behavior or potentially dangerous behavior of the dog.
(f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.

 

[Just Blue]

A no refund policy does not free a seller from gross negligence. The adoption agency failed to disclose information that there is physical proof showing they knew the dog was vicious as diagnosed by a vet and didn’t not tell us that, either in the dog’s description or in person when we showed up. They knew about it and didn’t tell us, and had we known about this we would not have signed the form or made the adoption. Is there nothing that protects a buyer from a sleezball move like that?

What breed of dog is this? What was the dogs background? And I'm just going to ask for clarity: Was the Vet who Dx'ed the dog with fear aggression YOUR Vet or the org's vet?

 

[happytrailrider]

Did you ask about the dog's propensity to viciousness prior to adopting it?

Yes we did, nothing was reported, they simply said he takes a while to warm up to you, which in no way gives any indication of what was in the vet paperwork at all.

 

[happytrailrider]

What breed of dog is this? What was the dogs background? And I'm just going to ask for clarity: Was the Vet who Dx'ed the dog with fear aggression YOUR Vet or the org's vet?

Min Pin, background was the dog was being watched by a friends of original owner, owner skipped town and never came back so friend dropped dog off at shelter, foster family had him since, and then we adopted him, nothing in their story led us to believe he was vicious. It was the org's vet, it was in the vet paperwork that they gave us after we signed paper works, paid, and left.