Full question:
I bought a puppy approx 3 weeks ago who had a congenital liver defect that caused her to have severe seizures, brain damage & had to be euthanized. The breeder states that she will refund my money when I give her all the documentation. Unfortunately I signed a bill of sale that said 'as is'. When I asked the seller re this he stated that he always wrote that as he sold used cars in the past. Now the breeder is willing to refund the purchase price if I give her all the documentation from the 3 vets that cared for my puppy. I sustained approx $1700 in vet bills. Do I have a leg to stand on to sue these people for my vet bills?
- Category: Animals
- Date:
- State: Oregon
Answer:
We’re very sorry to hear about your puppy. Whether you can sue the breeder for your vet bills depends on several factors, including any representations made about the dog's health before the sale and whether you were required to have the puppy checked by a vet prior to purchase. If the breeder made false statements about the puppy's health, you might have a case for fraud.
Fraud involves intentional misrepresentation of a material fact that leads someone to act, resulting in injury. If the breeder knowingly failed to disclose significant health issues, this could support a fraud claim. You would need to prove that you relied on these misrepresentations and that you suffered damages as a result.
However, since you signed a bill of sale stating 'as is,' this could complicate your case. Courts may find it unreasonable to rely on any oral promises not included in the written agreement. You should carefully review the terms of your contract, as they will typically dictate your rights and obligations.
Legal actions for breach of contract occur when one party fails to meet their contractual obligations, causing the other party to suffer damages. Remedies may include money damages, restitution, or rescission of the contract. You may also explore the concept of promissory estoppel, which can enforce promises that induced reliance, even if not formally part of a contract.
For specific advice tailored to your situation, consider consulting with a legal professional who can guide you based on your state's laws.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.