Legal Advice On wrong age of dog?

I purchased a Miniature Pinscher Dog from a breeder. The breeder told me he was one year and three months old. She hadn't yet registered him with AKC but gave me papers to do so myself. When I took him to the vet she told me he is NOT under 3 years old and more like 6-7. She and one other vet looked at him and the second one came to the same conclusion (mostly due to plaque build-up). They gave me a signed statement. Can I win if I take this to court? I would sue her for the money we paid for him and keep the dog OR give her the dog back but ask for not just what we paid but what we have spent on him so far as well (mostly in vet bills). We have contacted her and she isn't willint to budge although we have not threatened a law suite... should I mention this to her before actually filing?Legal Advice On wrong age of dog?
uh..she comitted a very provable fraud. Small claims court was designed for these things; tell her she has one chance to settle before she and her business end up in small claims court. I'd also file with the BBB and the State atty general just to keep her honest.Legal Advice On wrong age of dog?
take her to small claims and sue her for the whole worth of the dog and vet bills, but dont give the dog back to her, she obviously cannot take care of him properly. sue this woman for her fraud and u will most likely win! but be reasonabl ein the amount u sue for.
You fumbled this one badly. You should have never bought the dog unless the dog was registered. The fact that it wasn't registered should have sent up BRIGHT RED LIGHTS and sirens in your head. But you bought it anyway to register the dog yourself? Please.


The seller screwed you hard. But you have to prove a ';spoken word'; now in court instead of a ';written word';.
keep the dog


don't sue
well first of all if you are willing to give up your';pet'; because it is not the age the breeder stated than you shouldn't have a pet anyway, i always welcomed into my home, and into my family, regardless of the age of the animal. having a pet is about love and respect, from both the pet and the owner. but i guess if the money is more important than the love that any dog unselfishly gives you. You should sue sue sue, and sue some more
You could get the lady for the following things;





1. Price you paid for the dog.


2. You can keep the dog.... ^.%26gt; I think. That's only if you want it.


3. You can get her for the vet bills.


4. AND you can get her also for (I think) for other bills in preceding the case. I think.





But 1,2,and 3 I'm pretty sure of.
She has committed either fraud (if she intentionally lied) or misrepresentation (if it was an innocent mistake). Either one is grounds for rescinding a contract.





That means you can give the dog back and get the money you paid, getting reimbursement for costs related to dog will be a little problematical. If you are planning to breed the dog I would ask the judge to be compensated for year and a half less time you will have to breed the dog. Calculate how much money you would have made from breeding in that year and a half and ask for that amount. Have data to support your numbers.





Definitely take her to court and let her know you're doing it.
It depends on if that was an intentional material misrepresentation of fact that would cause you economic harm. If she said ';I think he's 3 years old, BUT I don't have papers,'; then that should have been a clue that you should have investigated such a matter before purchasing the dog. This type of case could go either way depending on how good your lawyer is and if the judge feels that you are already in a positive economic position.





Courts do recognize misrepresentations but it would depend on if she made was just unintentionally mistaken and you had the means to find out before buying the dog. The courts also put responsibility on buyers to investigate their purchases if they have the means to do so. It is called caveat emptor or more commonly known as ';let the buyer beware.';





EDIT: This is just general discussion though. For legal advice always consult a licensed attorney in the proper jurisdiction.
Every state is different in how they would treat a lawsuit in this area. You may or may not be able to recover your vet bills and the cost of the dog. If you love the dog, just keep it and never deal with this person again, but only after reporting her to the Better Business Bureau as well as the American Kennel Club. That will hurt her more than any lawsuit as the AKC doesn't take kindly to folk who commit fraud when selling dogs as AKC-approved.
File in small claims -





Keep the dog


get $$ for the Vet bills


get $$ that you paid for the dog.





DO NOT MENTION that you are taking her to court --


call one more time and ask nicely if there is anything as a reputable business person that she will do for you - still says no, go file for a court date.





then report her to your local BBB


make a complaint to the AKC as well.