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What to do about bad breeder?

Q:

I bought two kittens from a breeder about a month ago. Right away the kittens were having health problems. I talked to the breeder about this, and she said she would take the kittens to her vet, and see what the problem was. Now the kittens are gone, she sold them to another family without my consent! And she won't give me a refund of the $1300 I paid for them! I don't necessarily want the kittens back as I don't want to take them away from another family, but I at least want my $1300 back. What can I do? Hiring an attorney can be expensive, do I have any other options on how to get my money back?

A:

Small Claims Court provides an easy and inexpensive means for individuals to commence lawsuits for relatively small amounts of money. Of course, one should bring evidence to court, including proof of payment. It is also important to carefully read the signed sales contract, if any, and to bring that to court as well. While many states now have pet sales laws which provide remedies to consumers who purchase sick dogs and cats, there are often exemptions for smaller breeders and time limitations to enforce the provisions under such laws. Nevertheless, the Uniform Commercial Code (UCC) provides remedies to consumers who purchase goods (includes animals) from merchants (“person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction…”). Such remedies may include reimbursement of the cost of the animals.

There are so many homeless dogs and cats at shelters and rescue groups just waiting for a forever home. Adoption is the way to go.


Submitted by Anonymous
Answered by Elinor Molbegott

 

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