Puppy Lemon Law

I bought a puppy from a pet store in California (I know never buy from a pet store) now that he is 8 months he has been diagnosed with severe hip dysplasia. The vet says that he needs both hips replaced. A surgery that is going to cost about $12,000. Under the lemon law the store will cover 150% of the cost of my dog which isn't even half of the surgery. All I want is my money back for the dog and for them to cover the cost of the vet bills that discovered he his hip problems.

To get my money back the store is saying that I have to give my puppy back so the breeder can resale him at a discount. They said that I can get half my money back if I want to keep him. I would be buying him back from the breeder. I love my puppy and couldn't stand the thought of giving him back to the breeder who will probably just put him in a corner somewhere.

Does that sound right? Are they working me over? Can anyone help?!!!

This issue has been seen on the People's Court and Judge Judy. Unfortunately, the Pet Store sounds correct. In most, if not all CA courts, you would not be entitled to get your money back and keep the dog. Then you would be getting a free dog. Remember, that although the puppy is part of your family, in the eyes of the law the puppy is just property (like a car or a sofa). If something was wrong with your car or sofa and you just wanted your money back (the price you paid) you would be required to give back the car or sofa. You would not be permitted to keep the car/sofa and get your money back.

As for selling the dog at half price that may be negotiable. If you think the dog is worth half price then you may have to pay it as the pet store seems to have the upper hand.

Thanks, when you put it that way it does make since. Doesn't seem fair but it does make since.

Thanks for your help!

I would agree with you there. It does not seem fair considering the attatchment we have with our pets but unfortunately the law considers our pets simply property. Good luck.

According to the California Puppy Lemon Law. If you have purchased a dog with a congenital defect (hip problems), you have some legal options. However, according to California Health and Safety Code section 122050, "For purposes of this article, a disease, illness, or congenital or hereditary condition that adversely affects the health of the dog at the time of sale, or is likely to adversely affect the health of the dog in the future, shall be one that is apparent at the time of sale or that should have been known by the breeder from the history of veterinary treatment disclosed pursuant to this section." If you can't prove this, then you don' have a case. I suggest you read the California Puppy Lemon Law. It can be found on www.leginfo.ca.gov. Look for Health and Safety Code sections 122045 and following.

I hope this helps.
Dan

I actually was only discussing the likelihood of getting complete medical bills and the puppy based on the facts presented. She said nothing about the breeder knowing about the defect etc.

Assuming the breeder knew about defects remedies are limited:

(1) Return your dog and receive a refund of the purchase price,
plus sales tax, and receive reimbursement for reasonable veterinarian
fees up to the cost of the dog, plus sales tax.

(2) Return your dog and receive a dog of your choice of equivalent
value, providing a replacement dog is available, and receive
reimbursement for reasonable veterinarian fees up to the cost of the
dog, plus sales tax.

(3) Keep the dog and receive reimbursement for reasonable
veterinarian fees up to 150 percent of the original purchase price of
the dog plus sales tax on the original purchase price of the dog.

In the event your dog dies, you may receive a refund for the
purchase price of the dog, plus sales tax, or a replacement dog of
your choice, of equivalent value, and reimbursement for reasonable
veterinary fees for the diagnosis and treatment of the dog, if a
veterinarian, licensed in this state, states in writing that the dog
has died due to an illness or disease that existed within 15 days
after the purchaser obtained physical possession of the dog after the
sale by a dog breeder, or states that the dog has died due to a
congenital or hereditary condition that was diagnosed by the
veterinarian within one year after the purchaser obtained physical
possession of the dog after the sale by a dog breeder. These fees
may not exceed the purchase price of the dog, plus sales tax.

Remember there are time limits:

In the event that a California licensed veterinarian states in writing
that your dog is unfit for purchase because it became ill due to an
illness or disease that existed within 15 days following delivery to
you, or within one year in the case of congenital or hereditary
condition then you are entitled to one of the above remedies.

This happened in my case. The pet shop associated with its veterinarian. The associated veterinarian refused to write me a report, and the pet shop refused to take responsibility.

If the Pet Store agreed to pay 150% of the price of the dog but the out of pocket amount to get the puppy 100% healthy exceeds the amount agreed upon, in your opinion, do you think Small Claims would honor the buyer and make the Pet Store pay more? Or, do the courts stick with the law and any other out of pocket expense is just that?

If the Pet Store's business license expired and they were still selling puppies, is that legal?

I'm just not sure if I should pursue this or just take the loss.

Thank you