Purchased pet via the internet

[B-Man]

What is the name of your state? Virginia
We purchased a puppy in December from a breeder in Missouri. Long story short, The puppy arrived on a Thursday, was diagnosed with distemper on Saturday and put down on Sunday. The breeder offered to replace even though their warranty only covers genetic defects. Two vets and another breeder advised us against another puppy from the breeder because of the distemper risk. We asked the breeder to return the $800 we paid for the puppy and not the extra $250 we paid for shipping. We were denied. Is their any recourse we can take to get reimbursed?

 

[divgradcurl]

What is the name of your state? Virginia
We purchased a puppy in December from a breeder in Missouri. Long story short, The puppy arrived on a Thursday, was diagnosed with distemper on Saturday and put down on Sunday. The breeder offered to replace even though their warranty only covers genetic defects. Two vets and another breeder advised us against another puppy from the breeder because of the distemper risk. We asked the breeder to return the $800 we paid for the puppy and not the extra $250 we paid for shipping. We were denied. Is their any recourse we can take to get reimbursed?

Well, based soley on what you've written, it doesn't sound like you really have any case to get your money back -- the puppy was warranted against genetic defects, not illness. The fact that the breeder offered another puppy for whatever reason does not mean that they are now obligated to give you a refund instead.

That said, we don't know what representations might have been made in the sale, that might change things. Also, if the breeder was a licensed breeder, they may be subject to state licensing laws, which may touch on this issue. But based solely on what you've written, it doesn't sound like you have much of a case to demand a refund.

However, refund or not, you should definitely contact whatever animal welfare groups or state animal control agencies exist in Missouri, and report this individual and incident.

 

[shortbus]

There is probably still an implied warranty of fitness, unless you waived it in your contract. Meaning, even if the warranty only explicitly covered genetic defects, you could argue that a puppy with distemper does not meet the implied warranty