C
Cmom
Guest
I reside in Colorado and agreed to purchase a registered dog from a seller in Utah. The seller falsely advertised the dog and the dog also fell ill right when I got her causing me to incure expensive vet bills. I would appreciate any advice as the seller is currently threatening me. Here's the situaiton. I was told the dog was raised by the seller from puppyhood inside her home and around children, was housebroken, up to date on all shots and healthy. The dog's parents were also to have achieved some health certifications (OFA, PRA and SLA) which made the dog more valuable (by showing the dog has a better chance of living a long and healthy life). I agreed to pay $350 for the dog with the verbal agreement that we can return the dog for any reason within a 2 week period. I signed a contract agreeing to spay the dog, and to pay the seller $350 for the dog. The contract guaranteed the health of the dog for 72 hours and to be free of genetic and hereditary defects. Per the contract, should the dog fall ill to a genetic defect I would be given a replacement dog or puppy of similar quality. I signed the contract and mailed it along with a check for the dog to the seller. The dog was shipped to me (buyer) at my expense. I did not receive the AKC papers as promised to arrive with the dog, a copy of the contract I signed with the seller's signature, nor the dogs health records nor vertification of the dog's parents health certifications. The dog also did not appear to be housebroken nor used to being around people. The dog is friendly but very skittish and not trusting of people. She gets so excited being around people that she cannot control her bladder or bowel movements. I confronted the seller who said the papers would all arrive shortly via regular mail. On day 2 of having the dog she fell ill with diarrea, stopped eating, and 1-3 days later began vomiting. I called the seller on day 2, told her the dog was sick, and asked for my purchase price of the dog to be refunded and that I would return to her the dog. She refused telling me that I would need to prove the dog was ill by getting verification from a veterinarian. She told me that if the dog was truly ill, she would refund my money and pay for the vet bill. This was over the x-mas holidays. I tried getting the dog into see a particular veterinarian she requested for 2 business days, but they could not take us. I took the dog to another veterinarian 2 additional business days later and incurred a bill of $138. The dog apparently carried some internal parasites that causes them to become ill upon a stressful situation such as changing homes. I called the seller and explained the situation. She said she would refund my money for the dog upon her return, but refused to also refund me the vet bill of $138 nor the shipping expense of $110. I explained that I did not feel this was fair for me to be out $250 of no fault of my own. I told her I would keep the dog but we would need to renegotiate the price of the dog. She agreed to send me my money back and for me to deduct the vet bill along with any future vet bills AFTER the dog was made well again. I was elated and we had a new deal. She emailed me stating that she felt bad about the situation and for me to just pay her what I feel is fair. I still have this in writing. She sent me my money back, and then she demanded that I only deduct half the current vet bill and also assume future vet bills for the dog. I told her I was not willing to do that and said that this is not what we agreed on. After doing more investigating, I discovered that she did not raise the dog at all and had only just bought her herself 3 months prior to selling the dog to me AND the dog was 3 months older than she advertised the dog to be. I also discovered that only one of the dog's parents had the health certifications she advertised the dog's parents to have had and the dog is not up to date on her shots as advertised. The dog has serious social issues (from not getting attention from people during her first year of life) that prohibits her from being a housepet without expensive training. This causes the housebreaking problems along with a chewing problem she has out of nervousness. She is also very underweight and refuses to eat and has not recovered well. I requested the seller refund the shipping and vet bills ($250) and that I would return the dog to her. She refused. I explained to her that I would never have agreed to buy the dog had I known that she only had the dog 3 months. The seller keeps demanding I pay her for the dog (only 1/2 the one vet bill deducted) and is now threating to have the police come and reclaim the dog and possibly arrest me unless I pay her $300. I have thought of taking her to court and demanding my $250 back, but the amount is so petty. I have told her that I am keeping the dog until she refunds at least the $138 for the incurred vet bill and that she ought to refund the $110 shipping for her false advertising of the dog. I do not feel the dog is worth very much because of her social issues and since she is going to need more veterinary care to assist in her recovery. She needs more diagnostic testing (at least $100 more) to see why she is still underweight and not healthy. I know I can take her to small claims court for relief, but what if I just keep the dog until she reimburses me? The dog does need more vet care, so what do I do about future bills? Since she said I could pay her (via email in writing) what I feel is fair, can I just send her $100 for the dog and consider this over? If I do that, can she still sue me for the additional $200 she is requesting? I don't know what to do!! Help!!!