How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask james bruce Your Own Question
james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5194
Experience:  Owner at James Bruce Solicitors
Type Your Law Question Here...
james bruce is online now

I have evidence I was sold a sick puppy. Puppy died within 2

This answer was rated:

I have evidence I was sold a sick puppy. Puppy died within 2 weeks of arriving our home. Insurance won't cover medical bills close to £3000 and breeder won't refund £1800 paid for pet
JA: Where is this? And just to clarify, when was the purchase made?
Customer: I live in Aberdeen, purchased puppy around 21st April from somewhere near Penrith
JA: What steps have you taken so far?
Customer: I asked for money back from breeder but breeder not agreeing to regund
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Nothing else. I want to get my money back and get insurance to pay medical bills

Hello I will assist today.

can I ask a few questions first?

Was the puppy sold to you as being in good health?

Was there a puppy contract?

was the seller a registered breeder?

How did you pay?

Customer: replied 1 year ago.
puppy was sold to me as being in good health. There was no puppy contract but there is a receipt.
Breeder is not registered.

Hello thank you for confirming that information.

As far as the law is concerned, and it may sound silly, but pets, are considered as goods, under the consumer rights act 2015.

The issue then is whether this act applies to your sellier. If it does, then they would have sold a “defective puppy”.

What would need to be considered is whether they are classed as a private seller or business seller under the act.

It is not always clear, whether a “breeder” is a private or business seller.

So other things need to be considered.

The most important rule taken into consideration is, was the puppy sold for profit. If so that would suffice to be classified as a business seller. If the seller is also registered and likewise the puppies, that would help establish the matter.

Therefore, with all the above taken into consideration, it would most likely be accepted that they would be classed as a business seller, and that the consumer rights act 2015 would apply to them.

If therefore the puppy was sold as being in good health, and with the medical records stating the medical condition of the puppy was from birth, it could be held that the sale of a healthy puppy was a misrepresentation, and you could seek a refund and / or compensation.

Customer: replied 1 year ago.
Thanks. I'm inclined to think the puppies are sold for profit but that will have to be determined.Is there any more info you'd like me to get in order to take this forward?

It is almost taken for granted that selling a pup for the amount you paid,there would most certainly had been a profit made by the seller.

If there was no negligence on your part with treatment of the pup, then you would most certainly have a case against the seller under the consumer rights act.

If you have vet reports concerning the pup that would assist your case.

If they have refused to refund.

Then a formal letter before claim would need to be sent to them. Explaining there breach, what you are claiming and time period to settle.

james bruce and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello James, quick update; breeder called to offer half refund now and half later. I'm tempted to accept that and put this behind. She does not want a court case

Hello, sorry for delay.

That sounds really good. Accept the offer but make sure it is documented that it is half now and half later. Agree a date by when the second payment would be made. This would then show they have clearly accepted liability.

if you did not accept their off of half now, half later and went to court, you would get your judgment, but could well end paying all costs, as the court could say the other party negotiated and offered refund.

Please let me know how you do.

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. Although you have already paid, I won’t be paid by Justanswer for my time if there is no rating left for me.