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Can I sue a dog breeder for misrepresentation in the state of Oregon

I purchased a dog from a breeder(they are in WA im in OR). This dog had been sold once before but brought back because according to the breeder the new owners were just not dog people. The breeder told me the dog had picked up a parasite from the first owners called coccidia but was treated and all better. 3 days before we went to WA to pick up the dog the breeder told me that although she said she would have the dog into the vet prior to us picking her up to get that all im portant clean bill of health that some personal medical bills came up and she didnt have the money to take the dog in. Given that we had purchased a dog previousley from her and the guarentees of how healthy this dog was we agreeded to pick her up and take her to the vet when we got home. Over and over the breeder professed how healthy the dog was etc...so we signed a contract w/ a health guarentee. Upon getting the dog home I noticed there was quite a bit of blood in her stool, I immediatly called the breeder(within an hour of getting home) the breeder told me not to worry its probably just because of the new environment or a little reminence of coccidia and to give her 2 doses of a vitamin supp(that she provided). and that would clear it up; it was also at this point that she told me she forgot to give the dog her final set of shots. I told her that she had told me the dog was current and she responded that due to her own health issues that she had forgotten to give the dog the shots but agreeded to reimburse me for the vet bill. We got home on sunday and i called the vet on monday to have her seen but the vet was out of the office until the following tuesday so I made the appointment for then (told the breeder and she said that was fine).Over that week I kept calling the breeder telling her that the dog had a pretty consistant concentration of blood in her stool and every time I talked to her about it she would tell me that the dogs fine and to keep giving her the vitamins. I finally made it into the vet, he did his thing and come to find out that the dog was considerably under weight, had a significant yeast infection in her ears did not have coccidia but some strain of worms and that she had a cataract in one of her eyes. Upon contacting the breeder she sang a song of concern but little else. I told her that given the fact that she was indeed nowhere near the level of health that she proclaimed and come to find out that the dog was never diagnosed by a vet for coccidia(i guess it was a breeders guess), had a serious condidtion that could cause blindness or cost thousands in surgery and the other issues of the ears and weight (which could have been caused by never being treated for the illness she had)that I felt a refund was due. After going back and forth a few times she stated that our contract was void and that she would give us a puppy out of an upcomming litter. I told her that given the current circumstance I wanted a refund. I told her she let a dog go (twice now)with some serious problems. I felt being that she is the professional breeder she should have disclosed this info; she said she didnt know but my response again is that shes the peofessional and its her job to know. She agreed to repay the purchase price of the dog ($1200) but that she was no longer going to pay the bill for the shots or take any responsibility for getting the dog back. I told her that we live about 350 miles from each other and I would still be willing to meet half way. She basically stated no way, is suddenly brining up the contract that she previously voided(in an email) ranting and raving that I was the one in breech etc... and that the $1200 refund was it and I would have to wait an unscecified time before she would return it. Do i need an attorney or is this a small claims issue and what jurisdiction would i need to file in -- any advice would be helpfull

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Attorney answers (2)

It's a small claims issue - unfortunately, you'd need to in WA.
2 people marked this answer as good

Reputation Level 18
It is a small claims issue and you will need to sue in Washington, as previously stated.

I just want to add that if several of you get together (assuming you are all dealing with the same breeder) you will be much more effective. You may also want to contact the ASPCA to see if they can help: www.aspca.org

Other answers (3)

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MICHELLE

Can I ask where the breeder is located in washington that you are dealing with. I am going through the same thing with a breeder in Goldendale WA.
1 person marked this answer as good
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barrow5

Sue them. These people need to be stopped. I had to drive 500 miles round trip to sue the breeders that lied to me. It's worth it.
1 person marked this answer as good
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mae_hemm

I like all of the answer here but would like to contact "Michelle". I, too, am going to sue a breeder in Goldendale, WA and wonder if we are in disagreement with the same breeder. Please e-mail me at mae_hemm@yahoo.com to get in touch and compare notes. Many thanks,

Another Michele

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