We the Breeder of a puppy sold it, 2 months later, buyer claims dog has medical condition and wants a refund

Craig Edward Kennedy

Generally, dogs are considered personal property in Washington State. So, you are governed by the nature of your contract and the common law and statutory remedies that are available, if any. It sounds like this sale might have been what is common know as an "As Is" sale. Meaning let the buyer beware. Usually, unless there was some sort of fraud, misrepresentation or other form of malfeasance involved in the sale of this animal, the courts will usually leave private parties alone in such a transaction.

If it sounds like the buyer is going to sue, you may want to take your contract to your local attorney in Tacoma and ask for some help defending the sale.

Lawrence Neil Rogak

Let me just add something to Attorney Kennedy's good advice: You might be interested to know that 12 States have "Puppy Lemon Laws" which give consumers certain rights if their puppy develops health problems later on (see link below for details on the States and the laws). Unfortunately, Washington is not one of them. Some of the laws apply only to professional breeders, not hobbyists. In other States, a seller's liability for a puppy's health is either limited to the contract (if there is one), or for known defects (if a seller knows of a problem with the puppy and fails to disclose it, that could support a cause of action for fraud). Unfortunately, there is almost no legal recognition of the fact that our dogs are near and dear to our hearts and are considered members of the family by many of us.

Let me finish with one piece of advice, for the future: if you sell any more puppies, draw up an agreement that makes your obligations and the buyer's rights clear. I have added a link to a sample Puppy Sales Contract which you should look over and consider using in the future (after consulting with a Washington attorney).