Does an implied warranty apply to dogs from a breeder?

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Does an implied warranty apply to dogs from a breeder?

If you check out ‘BKS Chihuahuas’ on RipoffReport, there is no shortage of people with stories.

In short they are very likely ‘technically’ legal in terms of animal/breeder laws, considering how many people seem to have attempted to go after them with all sorts of agencies related to animals. They repeatedly sell very sick animals, some have died according to reports. Also they advertise teh dogs as AKC registered, and having visited with the vet regularly. However, the majority of complaints mention that she makes excuses why she doesn’t have papers prior to sale, then after the sale, she stops responding entirely.

So
Selling very sick and sometimes deathly ill some highly contagious animals, advertised as healthy.
Selling animals advertised as AKC registered, when this isn’t likely.
Selling animals advertised as having gotten their vet visits, which may not be true.

Does an implied warranty of merchantability apply in this situation? Or perhaps something else? Ideally I’d like to look into creating a class action lawsuit to shut them down financially, by making it nolonger profitable for them to continue fooling people, or face further lawsuits. The welfare of the dogs is the top priority, financial/legal/business attacks are just the only legal route I can think of. So, is it worth looking into further?

Asked on March 2, 2019 under Business Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Fraud would be the most obvious cause of action: misrepresenting (lying about or concealing) important facts to induce (cause) someone to do something (buy the dog). Fraud provides a basis for voiding a transaction or recovering compensation.
Many states also have consummer fraud as a related cause of action. My own state (NJ) has the Consumer Fraud Act which allows, for fraudulent or otherwise unconscionable consummer transactions (e.g. offering things for sale to the public) recovering enhanced (e.g double) compensatino and also getting attorneys fees.


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