Breeder sold seriously ill puppy.

Question

I purchased a puppy from a breeder in NC on Sunday, 11-13-22. Since having her she hasn’t eaten, she won’t drink and isn’t very active. I took her to the vet today, Wednesday 11-16-22 and was told that she’s infested with round worms and may possibly require surgery to remove them. No vet checks by breeder who self vaccinated and deworming of her animals ( I failed to question this prior to purchase). After informing breeder of these findings she continues to deny any wrong doings and insists that she dewormed all of her animals and they were free of worms. This is obviously not the case and the signed agreement only states reimbursements or a new pet upon death of adopted pet. Should I pursue small claims court or some other way of having breeder at least cover cost of vet bills due to pre-existing conditions which occurred while in her care? She’s also considered malnourished, has changes in her intestinal lining as a result of round worms per X-ray findings and also has issues with her ears causing discomfort.

Answer

Many states have enacted laws which give people who purchase animals from breeders and pet stores specific rights if the animal becomes ill within a specified period of time after purchase, including, for example, the right to reimbursement of veterinary fees to treat the animal, the right to return the animal and get a refund, or the right to return the animal and get an animal of equivalent monetary value. Some laws give purchasers an extended period of time to assert a claim if the animal’s condition was the result of a congenital problem. Some laws state that a veterinary finding of parasites shall not be grounds for reimbursement unless the condition caused the animal to be clinically ill. Even in those states without such a law (including North Carolina), purchasers may still have rights when they purchase an animal who becomes ill or dies within a relatively short time after purchase. The Uniform Commercial Code (UCC), for example, provides remedies to purchasers when goods (including animals) that are sold by merchants are unfit for sale. This law does not contain the same time or other restrictions as pet sale laws. Local laws should also be checked out as they may provide additional rights. A purchaser may sue to try to get reimbursed and may make a complaint with the state’s Attorney General’s office. Most importantly, I hope the dog is doing well and that she gets all of the veterinary care she needs and lots of love.