Anyone have experience with the pet lemon law? (I hope not…) A friend bought a dog from a reputable local breeder last year. At 6 mos, he started having problems keeping weight on. After many $$ at the vet’s, it is discovered he has not one but TWO genetic diseases - both of the immune system. One affects the blood hemo and RBC count, the other is Addison’s disease. He sadly lost his fight last week.
She has contacted the breeders and they said NONE of their other 22 pups had this… even tho they bred two half siblings together (No, my firend did not know this - they only showed her the first generation pedigree.) She would not have bought the pup had she known - she’s a smart cookie and knows about linebreeding and the problems therein. He was not the runt - no clue as a youngster.
They are resistant to do anything, professing complete innocence.
They law says they should refund her purchase price. They are “researching” it.
SO far she is within the timeline of the law. We have all advised her to get a lawyer - at least to write a letter.
Just wondering what experiences others have had. Does anyone know what she must do to stay within the letter of this law and not lose out due to the time limits?
Thanks,
L
Although I know nothing about the puppy Lemon Laws, I do know a lot about dogs and breeding.
I would think your friend would have to prove some kind of negligence on the part of the breeder? For example, that she knowingly bred dogs with genetic disorders, or bred dogs that she did not test for common genetic disorders within the breed, etc.
There are some things that dogs inherit that can’t be tested for and are not predictable. Breeding dogs (like horses) is a crap shoot.
What is the breed of dog? How are we certain it was a reputable breeder?
It doesn’t sound like a reputable breeder to me, because a really good breeder would immediately offer to refund the purchase price of the pup and would offer to help out with the vet bills.
Was there no contract involved with any kind of health guarantee? If not, that’s another red flag!
All good breeders guarantee their pups in writing!
Mating half sister to half brother is considered inbreeding and it intensifies the faults as well as the strong points so considerable discretion must be used in the choice of the dogs being bred.
The faults may be to such an extent that sometimes entire litters have obvious abnormalities.
Sometimes, inbreeding is the only option available, for example, in the recreation of an extinct breed or in breeding programs of newly created breeds.
In most any breed, this mating is not necessary, nor is it desirable.
Did the breeder explain to your friend what he/she was trying to accomplish with this litter? A good breeder has a clear purpose and vision of how they are tying to improve the breed with every mating they do.
[QUOTE=Pcostx;5658158]
What is the breed of dog? How are we certain it was a reputable breeder?
Was there no contract involved with any kind of health guarantee? If not, that’s another red flag!
All good breeders guarantee their pups in writing![/QUOTE]
Same questions here…my breeder will refund if a dog outgrows the breed standard…!
BUT…My five minute search for Addisons in dogs did not suggest that it was conclusively hereditary except possibly for standard poodles and bearded collies. (Again…not an expert here!) One source I read said that any dog can be diagnosed with Addisons.
I am not (yet) convinced it is hereditary, but even if it has a hereditary component I’m not sure it could be screened out…unless the parents actually had it (which would be known, since it’s fatal unless treated??)
As far as the breeding…I would probably not consider a breeder who only showed the first generation pedigree to be a good breeder. Why bother showing a pedigree at all? 
Based on what factors did she consider this a good “breeding” or breeder? (Show records, health records, pedigree, references, parents on premises, etc.?) Because I got all of the above with my puppy…
Not sure I think she deserves a “refund”. Sometimes we just have bad luck. But if the breeder knowingly sold her a puppy that was unhealthy…that’s a different thing. If it were something that was commonly screened for in the breed – and maybe there are specific immune screenings for specific breeds – then maybe ok…
What does she want refunded, the purchase price or the cost of the vet bills along with the purchase price? Did she have a health guarantee and did she ever try to return the pup?
Caitlin
It doesn’t sound like your friend’s situation qualifies under the “lemon law.”
It states:
I If, within 14 days following the sale by a pet dealer of an animal subject to this section, a licensed veterinarian of the consumer’s choosing certifies that, at the time of the sale, the animal was unfit for purchase due to illness or disease, the presence of symptoms of a contagious or infectious disease, or the presence of internal or external parasites, excluding fleas and ticks; or if, within 1 year following the sale of an animal subject to this section, a licensed veterinarian of the consumer’s choosing certifies such animal to be unfit for purchase due to a congenital or hereditary disorder which adversely affects the health of the animal; or if, within 1 year following the sale of an animal subject to this section, the breed, sex, or health of such animal is found to have been misrepresented to the consumer, the pet dealer shall afford the consumer the right to choose one of the following options:
(a) The right to return the animal and receive a refund of the purchase price, including the sales tax, and reimbursement for reasonable veterinary costs directly related to the veterinarian’s examination and certification that the dog or cat is unfit for purchase pursuant to this section and directly related to necessary emergency services and treatment undertaken to relieve suffering;
(b) The right to return the animal and receive an exchange dog or cat of the consumer’s choice of equivalent value, and reimbursement for reasonable veterinary costs directly related to the veterinarian’s examination and certification that the dog or cat is unfit for purchase pursuant to this section and directly related to necessary emergency services and treatment undertaken to relieve suffering; or
© The right to retain the animal and receive reimbursement for reasonable veterinary costs for necessary services and treatment related to the attempt to cure or curing of the dog or cat.
Reimbursement for veterinary costs may not exceed the purchase price of the animal. The cost of veterinary services is reasonable if comparable to the cost of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian and the services rendered are appropriate for the certification by the veterinarian.[/I]
http://www.freshfromflorida.com/ai/main/pet_main.shtml
Sounds like your friend just had bad luck with a puppy that turned out to have an unfortunate disease. You can’t necessarily state it is congenital unless it has been documented in that breed before. Linebreeding, although unnecessary and generally genetically frowned upon, is a practice that has been done many times over in dogs, livestock, and horses without repeatable, deleterious effects. If the puppy looked healthy and had a health certificate at the time of purchase, and was healthy to the breeder’s knowledge, it seems like misrepresentation is not possible.
Also, I’ve never heard of Addison’s being congenital nor hereditary. I imagine with an overactive immune system, however, certain organs could be targeted, and if certain parts of the adrenal glands were destroyed Addison’s could be the end result.
Sorry your friend went through this with her puppy, but I don’t think legally there is much you can force the breeder to do. A good one would like to make things right, however.
Good luck.
This is the part of the law that protects her:
within 1 year following the sale of an animal subject to this section, a licensed veterinarian of the consumer’s choosing certifies such animal to be unfit for purchase due to a congenital or hereditary disorder which adversely affects the health of the animal; or
The Addison’s is not the main issue. The blood disorder, which has letters for it’s name, has to do with the body attacking the RBC (I think). It is some sort of anaemia. It IS hereditary. The breeders did not show her anything but the "short " pedigree - one generation. She would have had many questions if she had known mom and dad were half siblings. it was NOT disclosed.
Does anyone have an HELPFUL suggestions?
L
Contact an attorney!
[QUOTE=lorilu;5659219]
This is the part of the law that protects her:
within 1 year following the sale of an animal subject to this section, a licensed veterinarian of the consumer’s choosing certifies such animal to be unfit for purchase due to a congenital or hereditary disorder which adversely affects the health of the animal; or
The Addison’s is not the main issue. The blood disorder, which has letters for it’s name, has to do with the body attacking the RBC (I think). It is some sort of anaemia. It IS hereditary. The breeders did not show her anything but the "short " pedigree - one generation. She would have had many questions if she had known mom and dad were half siblings. it was NOT disclosed.
Does anyone have an HELPFUL suggestions?
L[/QUOTE]
Are you talking about IMHA?
I’m sorry you didn’t think what I posted was helpful. Clearly you need to contact an attorney.
[QUOTE=lorilu;5659219]
This is the part of the law that protects her:
within 1 year following the sale of an animal subject to this section, a licensed veterinarian of the consumer’s choosing certifies such animal to be unfit for purchase due to a congenital or hereditary disorder which adversely affects the health of the animal; or
The Addison’s is not the main issue. The blood disorder, which has letters for it’s name, has to do with the body attacking the RBC (I think). It is some sort of anaemia. It IS hereditary. The breeders did not show her anything but the "short " pedigree - one generation. She would have had many questions if she had known mom and dad were half siblings. it was NOT disclosed.
Does anyone have an HELPFUL suggestions?
L[/QUOTE]
Sorry I’m not helpful; I guess I am not all that sympathetic. If she were concerned about hereditary diseases, she should certainly have wanted to know more than the names of the parents.
Assuming the vet will consider the dog “unfit for purchase”, then by all means, she should get an attorney and sue the breeder.
If the vet is not willing to claim the dog was “unfit for purchase” – which, in my mind, suggests that there would have been a way to screen to test for this particular disorder, or in some way knowingly breed to minimize the chances of this disorder - then it sounds like she has no recourse.
What is the dog breed?
IMHA is hereditary in certain breeds in that there are documented RBC abnormalities that predispose them to RBC destruction. Otherwise, the causes are long, numerous, and cannot be definitively identified in many cases.
In young animals with hemolytic anemia, a hereditary disorder, such as pyruvate kinase deficiency (found in Basenjis and other canine breeds), phosphofructokinase deficiency (found in English Springer and American Cocker Spaniels), or hereditary RBC osmotic fragility (found in Alaskan Malamutes and Miniature Schnauzers), should be considered.
Thanks to all.
She has an appointment with an atty.
It was the vet who convinced her to go this route - she was hesitant (she is a very kind hearted soul).
It’s a golden retreiver.
L
I think the lemon law contact in most states is the Consumer Affairs office, that’s usually in the state attorney general’s office. It’s so awful this had to happen to your friend, and her poor dog.
wow, you probably won’t like what I have to say, however, if your friend wants to save any money she will probably need to chalk this up to bad luck.
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There is no known hereditary component to IMHA in Goldens.
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There is no way to screen for IMHA in parents. (unless, obviously, one has the disease, but it would be unlikely that that dog would be bred)
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Linebreeding does not necessarily cause defects - it can, but more often it does not. IMHA is NOT one of the more commonly known side effects of inbreeding.
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Any breed of dog can suffer from IMHA.
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IMHA has dozen of triggers or causes among them vaccines, illness, and allergies.
So, unfortunately, I can understand that your friend is upset and wants to blame someone, but sometimes things just suck and it isn’t anybody’s fault.
I am an RVT/LVT and have worked in a veterinary ER for 13 years.
[QUOTE=Iron Horse Farm;5665332]
wow, you probably won’t like what I have to say, however, if your friend wants to save any money she will probably need to chalk this up to bad luck.
-
There is no known hereditary component to IMHA in Goldens.
-
There is no way to screen for IMHA in parents. (unless, obviously, one has the disease, but it would be unlikely that that dog would be bred)
-
Linebreeding does not necessarily cause defects - it can, but more often it does not. IMHA is NOT one of the more commonly known side effects of inbreeding.
-
Any breed of dog can suffer from IMHA.
-
IMHA has dozen of triggers or causes among them vaccines, illness, and allergies.
So, unfortunately, I can understand that your friend is upset and wants to blame someone, but sometimes things just suck and it isn’t anybody’s fault.
I am an RVT/LVT and have worked in a veterinary ER for 13 years.[/QUOTE]
Ditto to all of this (just saw reply by OP…Goldens are not one of those breeds listed that have hereditary IMHA).
Good luck to your friend.
