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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69265
Experience:  Over 5 years in practice
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Hi I bought a dog from a private seller who advertised the

Customer Question

I bought a dog from a private seller who advertised the dog as playful calm and great with children. There was no mention of health in the advert. The dog died of cancer 4 weeks later incurring huge vet bills. The previous owner claims to have been unaware of health issues. I have been told by some lawyers it is misrepresentation. But looking into the law it statess there must be an untrue statement. The dog was playful because I later found it was ill. Should I proceed with misrepresentation?

Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

It doesn't need to be untrue but it does need to be untrue or misleading. This clearly wasn't.

If this was a private seller then he isn't bound by the Sale of Goods Act but you could drop down upon the general law of contract which demands that every contract be performed with reasonable care and skill. Its grasping at straws really but its an option for you to get this into court.

On your primary point though, if he was just silent on the point of health then that is not a misrepresentation I'm afraid.

I'm very sorry.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69265
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile
Customer: replied 2 years ago.

Hi again,

My apologies for clutching at straws but I just feel it is morally wrong. The dog was advertised as playful and calm. This was not the case. The dog got out of breath easily and snapped at my daughter. I have no proof of this except for family members that witnessed it. I do want to take this as far as I can as it has caused alot of distress. I have read that

privately buying holds little in the way of consumer rights. Can I apply to a small claims court? Can they dismiss my case if it isn't deemed as valid?


Thank you Jo



Expert:  Jo C. replied 2 years ago.
Yes, it is morally wrong.

You could try suing for misrepresentation if what was said was actually untrue. I suppose he will defend on the basis that you are just claiming that because you are displeased that the dog died which might be accepted.

The Court can reject your claim although thats not really a reason not to bring it.

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