Breeder didn’t disclose genetic eye disorder in her contract.

Question

This puppy was purchased from a breeder in CA, which has a puppy lemon law. My vet saw him two days after I got him and diagnosed the problem. The breeder won't take responsibility. This puppy is facing several surgeries that could cost $3000+. We’re keeping the puppy. What kind of attorney could help me with this?

Answer

A civil litigation attorney could handle a case seeking compensation for veterinary costs to treat an animal who was sold with genetic problems. State and local Bar Associations often have attorney referral services. The Attorney General’s Office can also be contacted You might also consider Small Claims Court.

Many states now have companion animal sale laws which give purchasers specific rights if they purchase a dog or cat from a breeder or pet store and the animal becomes ill within a certain time after purchase. This time is often longer if the animal has a congenital condition that has adversely affected the animal’s health or is likely to do so in the future. Even in those states without specific laws that provide remedies to purchasers of animals, other laws, such as the Uniform Commercial Code (UCC), may be relied on as a basis for a claim. The UCC is applicable to the sale of goods by merchants. A court may find in favor of a person who purchased an animal who was not healthy or not merchantable (fit for sale). The UCC does not contain the same limited time restrictions in many pet sale laws.

California law state, in part:

…if within one year after the purchaser has taken physical possession of the dog after the sale by a breeder, a veterinarian licensed in this state states in writing that the dog has a congenital or hereditary condition that adversely affects the health of the dog, or that requires, or is likely in the future to require, hospitalization or nonelective surgical procedures, the dog shall be considered unfit for sale…”, and the breeder shall provide the purchaser with any of the following remedies that the purchaser elects:---
(1) Return the dog to the breeder for a refund of the purchase price, plus sales tax, and reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed the original purchase price of the dog, including sales tax.
(2) Exchange the dog for a dog of the purchaser’s choice of equivalent value, providing a replacement dog is available, and receive reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed the original purchase price of the dog, plus sales tax on the original purchase price of the dog.
(3) Retain the dog and receive reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed 150 percent of the original purchase price of the dog, plus sales tax.

I am sorry to hear that your puppy needs so many surgeries but hope that the puppy gets the care he/she needs and has a happy and healthy life. Next time consider adoption. There are so many wonderful dogs and cats (and other animals) at shelters waiting for a loving home.