I purchased a yorkie puppy and he has many health problems... is there anything i can do?

If the professor who sold it to you is not the breeder, then your rights will depend on what was said or signed or if something was hidden from you when you bought it. But it sounds like you are saying the breeder is the professor. That makes things different. California's puppy lemon law applies to anyone who has sold or given away two or more litters in a year. If a breeder is involved then odds are the puppy lemon law will cover you Congenital and hereditary defects are covered for one year from the sale but contagious and infectious disease is only covered for 15 days. Can you get your money back? If your case fits the puppy lemon law then, yes, you can get your money back plus up to 1 1/2 times that amount in vet bills. Most people don’t know about puppy lemon laws. Yes, there can be such a thing as a “lemon” puppy and, yes, there are some lemon puppy laws in several states too. Basically, if your state has a puppy lemon law then there is a law that is intended to protect you. How much protection you may get will depend on your particular state law though. Like some of the pets, some of the laws aren’t perfect either. Generally these puppy lemon laws let the buyer get a refund when they return a sick puppy or at least get reimbursement for veterinary bills. In the West, only California and Nevada have puppy lemon laws (http://www.malteseonly.com/lemon.html). If your state has a puppy law, then you should have the right to either make the breeder/seller/pet store take it back and refund your money of pay the vet bill or rmaybe more. If you state does not have a puppy law, then your sales paperwork may control your legal rights and you should be able to use your state’s commercial and sales laws under a breach of contract theory. When you make a contract with someone, generally it is enforceable. But every state law that says that if more than a small amount of money (often as little as $500) is involved then the basic terms of the contract have to be in writing and signed. Technically, in a contract if one side does not live up to the agreement, then the other side can file a claim against them in court. At court they would have to prove there was a contract, that the other side did not do what they agreed to do (or perhaps did it wrong), and that they caused damage to occur (usually measured in money). Some states, however, require that you give the other side a notice that they breached the contract before you can file a claim against them in court. That can be as simple as a note or letter or phone call, but the more money that is involved, the more careful you should be to see that the notice is being done right. Some states also require that you give them a chance to “cure” (make it right) the breach before you can file a claim in court too. If your puppy turns out to be ill when you purchase it, then return and complain to the pep shop or store. Try to negotiate to get what you want or what you can accept. There is little enforcement of these puppy lemon laws and they are generally written to let you do it yourself. You may have to talk to a private attorney for help.You need to talk to a local Consumer Law attorney who deals with this kind of case to find out for sure how the law works in your state. Call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) 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). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire. If this answer was helpful, please give it a “VOTE UP” review below. Thanks for asking and good luck.

Is the person you bought the puppy from a breeder? Or are you talking about the breeder the professor originally bought the dog from? Yes, California has a puppy lemon law, but even if your professor is the breeder I think it will be a long shot to have the law apply to your situation. First, you knew he had problems when you took the puppy and you made no claim to the breeder within 15 days of buying the puppy. A breeder is not responsible for the health of the dogs it sells forever - you have a very finite amount of time in which to make a claim (generally, 15 days from purchase or one year for genetic defects). Although you did discover the problem with his knees within the one year time period, you would have to prove the condition is genetic. Is your vet willing to testify to that? Even so, I'm sure the breeder will have its own vet testify that it is not a genetic condition. Pancreatitis is not a genetic condition (though it is more common in some breeds than others), so you would likely not be compensated for vet care for that disease. If you were to prevail, you would only be entitled to what you paid for the puppy plus 50 percent of the vet care for the covered conditions. Keep in mind that winning a judgment and collecting a judgment are two entirely different things. Regardless of the outcome, it is highly unlikely you will be able to prevent the breeder from selling other dogs. If you wold like to speak with a local attorney, the State Bar of California can give you a referral: www.calbar.ca.gov

We are all in consensus, that is, we THINK the professor IS the breeder, based on how you word your fact pattern. Of course, if this is true, it should be easy to speak to the professor, as office hours are posted, etc. So, please clarify. Yes, there is a puppy lemon law in CA and although I do lemon law for "products" this would be a case of first impression for my office, if we took it. That said, one atty noted that there seems to be a 15 day time frame associated with the CA puppy lemon law? That seems a bit tight to me, but, I will defer, since I have not researched it. I do know that other laws may apply here with no such time limitation. One that comes to mind is our UDAP law re: unfair and deceptive acts and practices. Feel free to contact my office for a free consultation. We handle consumer protection matters statewide. http://www.CaLemons.com