I bought a Pug (Otis) from Petland, he was paid for in full. Two days after I bought him I took him to the vet for blood in his stool. My latest vet diagnosed him with Chronic Colitis, and Giardia she prescribed him Panacur which is what he had been on before the time of purchase. I have all of his medical bills and histories and according to statute 828.29, the dog must be healthy at the time of purchase. I called Petland talked to a manager, I got referred to a claims website through solutions.pet. I tried multiple times and at different days to submit a claim, gave up called the help desk to only be hung up 3 different times by the robot operator. I have now emailed them but have yet to hear anything back. What would you advise doing from here, or is there anything I can do?
You will need to make sure you have complied with this statutory requirement in a timely fashion.
"The refund or exchange required by subsection (5) or subsection (6) shall be made by the pet dealer not later than 10 business days following receipt of a signed veterinary certification as required in subsection (5) or subsection (6). The consumer must notify the pet dealer within 2 business days after the veterinarian’s determination that the animal is unfit. The written certification of unfitness must be presented to the pet dealer not later than 3 business days following receipt thereof by the consumer."
This answer does not establish an attorney client relationship, nor does it constitute specific legal advice.
You have the option of threatening to sue, and if that doesn't work, you have the option to sue in small claims court for the amount paid for the dog and the vet bills. Additionally, you may contact the police or state attorney's office to seek enforcement of the criminal statute you referred to, provided you have met that statute's requirements for timely notification to the seller. (Do NOT, however, threaten criminal prosecution or arrest in exchange for $$ - that would be blackmail.)
Aside from the legalities here, it's not wise to buy a purebred, ESPECIALLY not a pug or other purebred short-snout breeds, as they are susceptible to congenital breathing problems and other ailments. Adopt a mixed breed from a shelter - you'll be better off financially and time-wise, and you'll save a dog.
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You can certainly always take Petco to small claims court for the vet bills if their claims process does not resolve amicably.
Please be advised that nothing in this posting is meant to supplement the advice of an attorney and The Law Office of Robert J. Lee, P.A. and/or Robert J. Lee has not undertaken any professional responsibility with regard to your case unless otherwise agreed. RJL is licensed to practice law in FL and MA, but no other jurisdictions. Nothing stated herein should be implied as legal advice.
I agree with the gentlemen above. I would comply with the statute, by going to the store you bought them and speaking with the General Manager.
I would then sue in small claims court for the damages. This would be something you could do on your own for the most part.
As for buying a pug, I had one for years. They are great dogs and companions.
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