What action can we take against dog breeder that sold us a ill dog under Vermont laws

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My family & I purchased a Neo Mastiff puppy this past Feb. Approx. 9 days after taking her home, we took her to the vet and discovered she had giardia. After that initial diagnosis Bella was taken to our vet on a monthly, sometimes bi-weekly basis. She started developing seizures. We then took her to Tufts University in MA where she was diagnosed with having 2 seizure disorders: Grand Mal and Psycho Motor Seizure Dosorder. On June 26, 2009 we put her down. The breeder, who is in NY, at first offered a replacement, but is now asking us to provide proof that Bella's seizures were a hereditary issue in the bloodline of her Mastiff's. We have asked her for at least a replacement pup. She is threatening to sue us for defamation of character if we pursue legal action. Can we pursue this legally

Attorney Answers

3
Pamela KoslynBusiness AttorneyLos Angeles, CA ·
Vermont has a "puppy lemon law," which protects you. It requires the seller to cover the costs of testing for defects. If a defect is found, the seller may be liable for double the purchase price of the dog. Applies to: pet dealer (any one who engages in the sale of more than 1 litter or 2 animals over six months of age per year). Contagious or Infectious Disease: 7 days Congenital or Hereditary Defects: 1 year Failure to Produced Advertised Registration Papers: no Replacement: yes plus the cost of veterinary fees to certify the dog as unfit for purchase up to the purchase price of the dog. Refund: yes plus the cost of veterinary fees to certify the dog as unfit for purchase up to the purchase price of the dog. Reimbursement of Veterinary Expenses to Treat Dog: yes, up to the purchase price of the dog. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Laura Mcfarland-TaylorTrademark Application AttorneyBolingbrook, IL ·
Ms Koslyn is correct about the Vermont puppy lemon law; however, it may or may not apply to a New York breeder and you would still need to prove that the puppy was "defective" when she came to you. You will also need to look at the sales agreement. Giardia is very common in dogs, particularly when there is a change in environment and while it is contagious it would probably not be covered because you did not take the puppy to the vet within the seven days required by the law. You would need to provide proof that the seizure disorders were hereditary or congenital and not just something she developed for an unknown reason (for example, as a reaction to any medications she was taking). Your vet can better tell you what the “cause” of the seizures might be. You should consider speaking with an attorney who understands dog law. Good luck.
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Ronald Burdge ·
A surprising number of states have a "puppy lemon law" and you can read an outline of them online here: http://www.malteseonly.com/lemon.html. New York has one and since you bought the dog there, that law would probably apply. In most states, the truthfulness of your statement can be a defense to a defamation claim so being able to prove that what you are saying is true can be important. You need to talk to a local Consumer Law attorney who deals with this kind of case. Call your local attorney's Bar Association or you can go to this web site page (http://ohiolemonlaw.com/locate-a-local-attorney.html) for a nation-wide listing of consumer lawyers and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). Also, for every legal right you have, you only have a limited amount of time to actually file a lawsuit in court or you automatically lose (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are. If this answer helps, please check the box below; if not, please ask your question again.
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