.what can be done legally? I have every reciept. Please help meShe is American Eskimo, completely different personality. She is a lier on the web site it said for sale japa ese spitz, i have all information. Please help me.
Like I said before, Most people don’t know about puppy lemon laws. Yes, there are some lemon puppy laws in several states too. Basically, if your state has a puppy lemon law then there is a law that is intended to protect you from being stuck with a sick puppy that you buy from a breeder or pet store but that’s not really your problem here. In a sale where the goods (here, the dog) is not as described, then your sales paperwork may control your legal rights and you should be able to use your state’s commercial and sales laws under a breach of contract theory. When you make a contract with someone, generally it is enforceable. But every state law that says that if more than a small amount of money (often as little as $500) is involved then the basic terms of the contract have to be in writing and signed. Technically, in a contract if one side does not live up to the agreement, then the other side can file a claim against them in court. At court they would have to prove there was a contract, that the other side did not do what they agreed to do (such as sell you a Japanese Spitz breed puppy), and that they caused damage to occur (you didn’t get what you paid for). Some states, however, require that you give the other side a notice that they breached the contract before you can file a claim against them in court. That can be as simple as a note or letter or phone call, but the more money that is involved, the more careful you should be to see that the notice is being done right. Some states also require that you give them a chance to “cure” the breach (make it right by replacing the puppy with the right breed) before you can file a claim in court too. If your puppy turns out to be different from what was represented to you when you purchase it, then first you should return and complain to the breeder. They should take it back and give you back your money. If not, then you may want to try to negotiate to get what you can live with, perhaps a partial refund. If that doesn’t work, you may want to contact your state attorney general’s office or the Better Business Bureau and see if they can help. If none of that works then you may have to talk to a private attorney for help or in some states you may be able to use your local small claims court process to get your money back. You need to talk to a local Consumer Law attorney who deals to find out for sure how the law works in your state. Call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you or to read a Free Online 50 State National List of Consumer Law Lawyers, click the link below and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give it a “VOTE UP” review below. Thanks for asking and good luck.
This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.
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