Does an implied warranty apply to dogs from a breeder?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 5 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.