[mikey2781]

please delete.

[Selanne_200]

Well depending on the amount, you could get someone to serve the paperwork for you, which may or may not be worth it. Also, maybe you could try the phone book to see if you can see a registered address? I've heard of cases where a defendant cannot be found, you could serve it at his/her last known address and after a certain period, it's considered served.
But seeing the case as it is, even if you win a judgement, it'll be hard for you to recoup the money.

[zilley]

I really don't see a high chance of winning the case here tbh.

If you bought a car from a private party and it breaks down the next day.
Chances are your gonna have to pay for it outta your own pocket.

Same goes for the dog, your friend didn't take it to a vet and get checked up first?

[mikey2781]

"Wouldn't email history of the seller saying to the buyer that the dog is 100% healthy and that the seller knew nothing about the health problems be enough to show that the seller is lying?

I have proof of the seller knowing about the problems before the dog was sold.
"

In a car perspective, car seller says the car is working 100% and NEVER had any problems with it (all in the email history). But from another car shop, it shows that the seller was notified of such and such problems. And to another person via email which includes the same contact # and name, the seller says I sold the car because it had such and such problems.

[bing]

I believe there is a service called skip trace for this sort of thing. Fee may be hefty but they may not charge you if they can't locate them. A lawyer should have more info on this.

[Energy]

Best advice we can give you is to get proper legal advice.

[StylinRed]

what sort of proof?

are the medical issues you claim she knew about the same ones that you're having to deal with now?

were the claims made during the sale in writing? or can they be backed up anyway?

how much time has passed since the dog was acquired?

how much time has passed since you knew of the health problems before you contacted the previous owner?

etc etc etc there's a lot to go over your best bet is to just sit down with someone

consultations are normally free

[Soundy]

Pics of the dog?

[Hondaracer]

+1 for what's the proof

If some vet examines the dog and tells you this was an existing problem from before yet the vet previous owner took dog to never caught it, if I was that previous owner id probably tell you to gtfo too
Posted via RS Mobile

[thumper]

this is terrible. glad to see that the dog is doing better.

my friend is always adamant about getting the pet checked at a vet or legit paperwork showing a clean bill of health before buying. she bought a little dog the same way you did (craigslist ad, just a cell phone number for contact info, and a meeting place in front of the mall) and the dog ended up dying from a tumor about 2 months later. her kids were distraught and of course the seller was long gone at that point :(

have you tried posting this in the pet forum? maybe someone there knows more.

or perhaps contact one of the local news stations and see if they are interested in picking it up.

[Zedbra]

I really don't see a high chance of winning the case here tbh.

If you bought a car from a private party and it breaks down the next day.
Chances are your gonna have to pay for it outta your own pocket.

Same goes for the dog, your friend didn't take it to a vet and get checked up first?

That's actually a poor analogy. Even used cars, though specifically stated, have a form of buyer's protection in the eyes of the court. My brother sold a truck to a guy, he drove it up north and the rear end exploded within a week. The guy took my brother to small claims and my bro had to pay.

Not sure how this works with pets - but you would need the actual vet she went to probably to make a statement.

[Ducdesmo]

You have have a case as the seller already knew about the health issue... You can probably sue for mis-repesentation if you can prove it. But obviously consult with a laywer first.

[jasonturbo]

Beyond what others have already said in his thread...

It would be difficult for you to win any sort of judgement that would require the seller to cover the cost of surgery, best case scenario IMO would be that the court would require the seller to compensate you for the cost to replace the animal.. or what you paid her for the animal.

Sorry about your luck.

[pissedoffe55]

Asking this for a friend.

They are planning to take this to small claims.

"
So this is what happened:

- bought a dog off craigslist/kijiji
- owner said 100% healthy, says that they never knew he has health problems and that all vet reports came back 100% healthy (however, we know for a fact that she went to multiple vets)
- brought the dog to our vet, vet says he has a problem that will require surgery
- family bonded with the dog, dog is clearly living a better life than before
- we want seller to pay for the surgery

- we have proof that she knew it has health problems which is why she sold the dog

- i have the seller's phone #, but never intended to give it to me. it was an accident on the seller's part.

- seller never replies anymore

To file a claim we need the seller's address, not sure how to proceed with this case. Seller delivered the dog to us.

"

Sorry to hear about your friends bad luck.

My advice would be to bite the bullet and tell your friend to just pay out of his own pocket for the surgery and take it as a life lesson...I have first hand experience in small claims and the time/money/headache in the end really isn't worth it.

Is your friend planning on waiting until everything settles in small claims and he actually physically has the money before he gets the surgery? or is he going to pay out of pocket and hope to be reimbursed?? Because court can be a lengthy process and thats pretty unfair to the dog that apparently needs some type of major surgery..

You also have to understand that even if your friend wins in small claims there is no guarantee that the guy will even have money to pay. They were selling sick dogs on craigslist, realistically they are probably in a pretty bad finanical spot...

At the end of the day if your friend really cares about the dog and can afford to get the surgery he should just do it asap and take it as a lesson learned.

[MTV Cribs]

If I was the seller and I had to pay for the surgery, I would like the dog back minus the money your friend paid for the dog.
Posted via RS Mobile

[mikey2781]

will update on what happens

[godwin]

I am sure the forum sponsor can help:

McComb Witten Lawyers are your personal VICTORY lawyers!



I know for a fact that both the seller and buyer are well off. The buyer just doesn't want to feel like he got ripped off.

The surgery cost is pretty much equal the dog's cost. It isn't a major surgery.

So here is what happened:

BUYER posts an ad about the SAME type of dog with the SAME color to see if the SELLER would email about the dog. Why replace a dog with the same dog?
BUYER buys the dog seeing that the SELLER never looked for a replacement.
SELLER emails the BUYER'S FAKE ad regarding the SAME color dog.
SELLER says in the email that they sold dog because of the health issues.
BUYER freaks out and brings it to 2 vets, finds that he DOES indeed have those health issues exactly as listed.



Also, where can i get free consulting for this?

[rsx]

Seems pretty simple, weren't you give the medical history of the dog when you bought it?

[mikey2781]

The seller gave medical history, but clearly it wasn't everything. Seller changed vets a couple months ago.

[Autorice]

is it a cellphone or landline? was payment made by cheque or cash? courts will only make you 'whole' so they would tell you to first get the surgeries done (which sounds like you already did) and you just sue for the surgery you deemed were the seller's responsibility. I recommend you keep transcripts of all of your correspondence with the seller (hopefully it's by email) and all correspondence with all of the dogs' vets.

[zilley]

This sounds so confusing. I m not longer following what happened.

[Nlkko]

That's the risk people take when they buy from back yard breeders. Normally nothing happens, the pups are healthy because they're from normal healthy dogs mating and the sellers just want to sell the extra pups. Buyer got cheap happy dogs. Win win.

When the parents aren't healthy that's when the troubles lie. Do your due dilligence.
Posted via RS Mobile

[mac25]

...it's your fault for buying the dog.

if you bought a used car and didn't get it checked out before you paid and the seller sells it as is, then when something blows it's not the responsibility of the seller.

Same for the dog, you never know when medical things will pop up and if the seller sold it as is then any future medical issues are yours to deal with.


Unless you have a date, time and place where the seller found out about the exact health problem, and you have a record they were the one the vet told, then the seller posted the dog as "in perfect health" on the add, you may have a case.

but even then the judge would have to order the seller to repay you the value of the transaction and take the dog back, you wouldn't get the dog and a vet bill.

[mikey2781]

@Nlkko, seller is not a breeder

@mac25, not sure how it is the buyer's fault. Vets keep records of everything, she went to multiple vets that told her the dog has those problems. SPCA calls into vets and can get those info. Seller did sell the dog saying "as far as I know, there are no health problems with the dog".

Everyone is comparing a dog with a car, they are totally different.

[mikey2781]

Buyer did not do the surgery on the dog yet, it is a problem that will haunt the dog for the rest of his life when he becomes around 2 years old.

He is currently less than a year old.

So majority of the people on this forum is saying scamming is okay, and there should be no karma for the scammer? Just let the scammer keep scamming other people. The thing is, if the buyer returns the dog to the seller, the seller is just going to get rid of it again.

If I was the seller, no shit I would just rather take the dog back and give the buyer the money back. That's the best case scenario for the seller when all these evidence of the seller lying multiple times.

[DanHibiki]

this sucks for the dog :(

[zilley]

Buyer did not do the surgery on the dog yet, it is a problem that will haunt the dog for the rest of his life when he becomes around 2 years old.

He is currently less than a year old.

So majority of the people on this forum is saying scamming is okay, and there should be no karma for the scammer? Just let the scammer keep scamming other people. The thing is, if the buyer returns the dog to the seller, the seller is just going to get rid of it again.

If I was the seller, no shit I would just rather take the dog back and give the buyer the money back. That's the best case scenario for the seller when all these evidence of the seller lying multiple times.

No need to get all offensive, you asked and we re stating our personal opinions.

If the buyer truly love the dog, then get the surgery done. If the buyer don't have the funds then turn it over to spca. If the dog is suffering it's considered animal abuse as well.

When I got my 2nd dog it had parvo and it costed me 1750.

I went to spca for help but they gave me 2 options. 1. Turn the dog over 2. Put the dog down.

I couldn't do neither so I borrowed money from my parents and saved my dog.
I was underage at the time and 1750 was alot of money.

[zilley]

Also, what is the surgery that the dog needs?

You said it was a small surgery right?

[mikey2781]

this sucks for the dog :(

It does, which is why the buyer wants to keep the dog and make the seller pay for the surgery.

Buyer doesn't mind paying for the surgery, but he doesn't feel that it is right to let a scammer go without suffering any consequences... the seller will never learn.

The buyer didn't want to give too much info just in case the seller knows someone from here.

[zilley]

It does, which is why the buyer wants to keep the dog and make the seller pay for the surgery.

Buyer doesn't mind paying for the surgery, but he doesn't feel that it is right to let a scammer go without suffering any consequences... the seller will never learn.

The buyer didn't want to give too much info just in case the seller knows someone from here.

this is how it should be done, if the buyer actually cares about the dog.

1. surgery first (buyer pays)
2. take it small claims court.

it doesnt matter if surgery was done first, not like the judge will say "well the dog is fine now and its paid for, cases dropped"

that way the dog dont suffer.

at this moment, I feel that the buyer rather not have the surgery if it Has to come out of its pocket.

[winson604]

@Nlkko, seller is not a breeder

@mac25, not sure how it is the buyer's fault. Vets keep records of everything, she went to multiple vets that told her the dog has those problems. SPCA calls into vets and can get those info. Seller did sell the dog saying "as far as I know, there are no health problems with the dog".

Everyone is comparing a dog with a car, they are totally different.

Sorry, did the buyer bring the dog to the vet after they already bought the dog?

I hate to compare it to the car thing but if you bought a car, you would bring it for an inspection first prior to buying it wouldn't you?

The last dog I brought the seller let me take it to a vet first to verify it's good before making a decision whether I wanted to buy it or not. After 2 vets stating it has a hernia we decided not to proceed with the purchase and the buyer was ok with that.

Sorry, I probably missed something in the story. Best of luck to the dog.

[BoostedBB6]

Bottom line, if you want to buy a dog that has the backing of the seller, Craigslist is not the place to go.

Go to a breeder who is reputable and has paperwork for the dog.

This is what happens when you try and save money on anything, a car, a dog. You have to do your OWN work if you want to insure that you are getting what you want.
Buying a used dog, you should have taken them to a vet first, done a check up, asked for paperwork, medical history etc etc. Just like you would do with a used car. If you buy blind then you take a chance.

Crappy lesson to learn, even if you manage to get money from the seller, perhaps you should change the way you approach buying used items.

[Soundy]

Bottom line, if you want to buy a dog that has the backing of the seller, Craigslist is not the place to go.

Go to a breeder who is reputable and has paperwork for the dog.

This is what happens when you try and save money on anything, a car, a dog. You have to do your OWN work if you want to insure that you are getting what you want.
Buying a used dog, you should have taken them to a vet first, done a check up, asked for paperwork, medical history etc etc. Just like you would do with a used car. If you buy blind then you take a chance.

Crappy lesson to learn, even if you manage to get money from the seller, perhaps you should change the way you approach buying used items.
Better yet, adopt a dog from a shelter or rescue. There are lots out there besides just the SPCA. The good ones will have full medical records for their dogs, and will have done full evaluations of them to ensure they'll be a good fit for you and your household (ie. they'll know whether the dog is good with kids, other pets, etc.).

Many will also do foster-to-adopt arrangements.

[BoostedBB6]

Better yet, adopt a dog from a shelter or rescue. There are lots out there besides just the SPCA. The good ones will have full medical records for their dogs, and will have done full evaluations of them to ensure they'll be a good fit for you and your household (ie. they'll know whether the dog is good with kids, other pets, etc.).

Even better! Give a dog that's well taken care of another chance at life. The initial purchase may cost you more but you wont have to deal with issues like this.

Pay now or pay later....applies to many things in life.
I hope you guys get the dog to good health regardless of who is paying for it. Hell, I will even donate some money to the cause if its just $$ that is preventing this dog from being healthy.

[Soundy]

Oh yeah... the GOOD rescues will also NOT make it easy for you to just take a dog. The ones who really care about the animals will take the time to make sure you're going to be a good home - in many cases, that includes a home visit. They'll know the kind of situation the dog came out of and what it needs for good development. A "rescue" or "shelter" who is too willing to just hand over a dog for some cash (or for that matter, someone on CL who will just hand over a dog for cash) may well be a "flipper" - people who get animals for cheap or free from other places, then turn around and sell them at a profit.

[zilley]

I still want to know what breed of dog it is and what surgery needs to be done.

[pissedoffe55]

will update on what happens

Buyer did not do the surgery on the dog yet, it is a problem that will haunt the dog for the rest of his life when he becomes around 2 years old.

He is currently less than a year old.

So majority of the people on this forum is saying scamming is okay, and there should be no karma for the scammer? Just let the scammer keep scamming other people. The thing is, if the buyer returns the dog to the seller, the seller is just going to get rid of it again.

If I was the seller, no shit I would just rather take the dog back and give the buyer the money back. That's the best case scenario for the seller when all these evidence of the seller lying multiple times.


The dogs health is the first and foremost priority and needs to be dealt with immediately. Maybe your friend isn't getting much help or sympathy because you clearly stated the dog really needs this surgery and it will effect him for the rest of its life- but all you seem to care about is your friend getting scammed out of $$.

Get the dog the surgery it needs and take it as a lesson learnt-your friend is neglecting the poor dog and at this point he is no better then the guy who initially scammed him.

After your friend gets the dog the surgery it needs - and if he still feels the need to pursue reimbursement from the seller tell him to go spend some more $$ not to mention time to get proper legal advice. Provide all the paperwork,proof, receipts etc etc. After months or even 1 year+ your friend will have his day in court and hopefully will be able to prove that he was scammed and collect a settlement...

As for your comment on why everyone keeps comparing this to cars..you logged into a website entitled REVscene.net - Vancouver's Top Classifieds and Automotive Forum - Automotive Chat and Lifestyles for Western Canada, Northwestern United States & Northwestern North America. (http://www.revscene.net) "Vancouvers top classifieds and Automotive forum."

If you are looking for some better free advice with a wider range of info available...why not try Yahoo answers or a law forum?

at the end of the day i am sorry to hear about your friends bad luck. We have all been scammed I am sure one way or another and we all learned from our mistake. hopefully your friend can get the dog the surgery it needs and the dog lives a long happy life with your friend. If your friend decides to follow through with legal action I hope he is actually able to recoup his losses and not just waste more $$ and time.

[zilley]

I dont think the OP will be coming back to chime in on this, hes been on but no responses to this thread.

[mikey2781]

I already said it's a small surgery that won't affect the dog till almost 2 years later, the dog needs to stop growing before it is done, but everyone continues to say that the buyer should get the dog's surgery done asap. Like previously said, I won't disclose what surgery needs to be done yet.

I don't know how the buyer chose the dog, but if it was me, going to a shelter when the type of dog I want is not there is not smartest choice. Yes you are giving a dog a second chance, but are you going to love it the same way you would love a dog that you have been researching and preparing for? The buyer did already search all the rescues/shelters in BC, he lives in an apartment so the dog has to be medium sized.

Like how the majority of you are comparing a dog with a car: would you buy your dream car you've been preparing and saving for for a long time? or would you accept a car that doesn't appeal to you but all the money you pay for it goes to donation?

You would treat your dream car a lot better than the other car that doesn't appeal to you. Sure you would feel "better" that you did a good deed at the end of the day, but would you care for the other car as much as you would for your dream car? Be honest, answer is no.

If you've been to a shelter, you will know that the dogs that are there are rarely purebred and have a ton of genetic problems. What if the buyer wanted to enjoy the special moment of a dog giving birth? If you go to the shelter and find a dog with genetic problems, the dog will just give birth to more dogs with genetic problems. But at shelters, you will never find a dog that hasn't been castrated.

[Soundy]

I already said it's a small surgery that won't affect the dog till almost 2 years later, the dog needs to stop growing before it is done, but everyone continues to say that the buyer should get the dog's surgery done asap. Like previously said, I won't disclose what surgery needs to be done yet.
This is fair enough. However...

I don't know how the buyer chose the dog, but if it was me, going to a shelter when the type of dog I want is not there is not smartest choice. Yes you are giving a dog a second chance, but are you going to love it the same way you would love a dog that you have been researching and preparing for? The buyer did already search all the rescues/shelters in BC, he lives in an apartment so the dog has to be medium sized.
Dog SIZE is irrelevant to home size. Jack Russell Terriers are small- to medium-sized, yet very high energy needing lots of exercise, and not typically good condo/apartment dogs. Great Danes, greyhounds, and the like are large dogs, yet very low energy and make great condo/apartment dogs.

Like how the majority of you are comparing a dog with a car: would you buy your dream car you've been preparing and saving for for a long time? or would you accept a car that doesn't appeal to you but all the money you pay for it goes to donation?
REALLY not a good analogy. Cars don't have feelings and unique "personalities".

If you've been to a shelter, you will know that the dogs that are there are rarely purebred and have a ton of genetic problems.
Actually, purebreds these days tend to have more genetic issues, because bloodlines tend to get very thin and with some breeds, there tends to be a fair bit of in-breeding leading to genetic defects. Mixed breeds in general have fewer health issues because of mixing genetic traits.

[mikey2781]

Well I don't know the details but I am sure the buyer did his research before choosing that breed for his apartment. He told me he was going to get a dog when we met in high school, 15 years later and he finally has a dog.

Yes, then why are people comparing dogs and cars? Used cars and dogs for sale by owners are clearly not the same.

Majority of the dogs at SPCA are also pretty old, I don't think anyone would want to bond with a dog and see him pass away ~3 years later due to age.

[zilley]

What is the breed of the dog and how much did he get it for?

Answer this and I ll tell you why I ve asked 3 times.

[Soundy]

Majority of the dogs at SPCA are also pretty old, I don't think anyone would want to bond with a dog and see him pass away ~3 years later due to age.
There are TONS of rescues and shelters besides the SPCA. One I support has taken in two pregnant mothers, and one new litter, just in the past eight months, meaning she's cared for and re-homed over a dozen puppies just this past year. There are numerous breed-specific rescues as well.

Dogs (and cats and bunnies and even small rodents) of all ages end up in shelters for a lot of reasons, not just because they're old and people don't want to deal with them anymore.

[BoostedBB6]

Mikey, you seem to be poorly informed and making a lot of assumptions about a subject you seem to know very little about and are not willing to share any information.

Here is all the advice your friend needs, if he wants to take legal action call a lawyer. They will tell him if its worth it or not.

But the bottom line is, you friend did not put in the leg work to make sure the dog he was buying was in good health. Regardless of the guy he bough it from not telling the truth, its on the purchaser to make an informed and educated purchase and clearly this was not done.

The analogy of a car works just fine for this.
You talk about "dream car", ok so here is one for you.

You go to buy your dream car, its all shiny, looks good, drives nice and it all seems great. You take it home and find out a short time after it was a rebuilt car and will be having issues later on down the road.
You should have looked into it further before spending the money. Plain and simple.

If you don't yet understand this then I highly recommend you direct your friend to a lawyer, someone who practices law and knows if he can get any money back from the seller for not telling the truth.

[Soundy]

But the bottom line is, you friend did not put in the leg work to make sure the dog he was buying was in good health. Regardless of the guy he bough it from not telling the truth, its on the purchaser to make an informed and educated purchase and clearly this was not done.
Yeah, this is the odd thing: supposedly this person "did all the research" into the TYPE of dog he wanted... but not nearly enough into the ACTUAL dog he ended up getting.

[BoostedBB6]

This "person" is likely him and he just doesn't want to look like an idiot.

[bballguy]

Like how the majority of you are comparing a dog with a car: would you buy your dream car you've been preparing and saving for for a long time? or would you accept a car that doesn't appeal to you but all the money you pay for it goes to donation?

You would treat your dream car a lot better than the other car that doesn't appeal to you. Sure you would feel "better" that you did a good deed at the end of the day, but would you care for the other car as much as you would for your dream car? Be honest, answer is no.


lol Wow, that's like saying, "if you're having a baby, and you want it to be a boy, and it ends up being a girl, will you care for a daughter as much as you would for a son? Be honest, answer is no"....

....Please don't ever get a dog br0....

[mikey2781]

Mikey, you seem to be poorly informed and making a lot of assumptions about a subject you seem to know very little about and are not willing to share any information.

Here is all the advice your friend needs, if he wants to take legal action call a lawyer. They will tell him if its worth it or not.

But the bottom line is, you friend did not put in the leg work to make sure the dog he was buying was in good health. Regardless of the guy he bough it from not telling the truth, its on the purchaser to make an informed and educated purchase and clearly this was not done.

The analogy of a car works just fine for this.
You talk about "dream car", ok so here is one for you.

You go to buy your dream car, its all shiny, looks good, drives nice and it all seems great. You take it home and find out a short time after it was a rebuilt car and will be having issues later on down the road.
You should have looked into it further before spending the money. Plain and simple.

If you don't yet understand this then I highly recommend you direct your friend to a lawyer, someone who practices law and knows if he can get any money back from the seller for not telling the truth.

Dafuq? Did you not even read? I didn't want to compare with cars in the first place. I said something along the lines of "if you guys want to compare with cars...".

Why would I want to share info when he specifically told me not to? This is clearly a case the buyer can take to court. I never knew revscene was filled with scammers like this and sides with misrepresentation in advertisements.

Seller emails to fake ad says "He has problems X and Y.
Buyer asks seller if seller knows of problems X and Y.
Seller emails to the buyer says "I don't know of any of those problems.".

You will look stupid when I tell you what his health problem is because a simple "heatlh checkup" cannot diagnose this problem that will take affect in the near future.

And comparing with cars, even getting it inspected won't guarantee that it will be problem free. I'm not as good as some of you guys with cars, but I am pretty sure someone can come up with an example where getting the car inspected at say an indy or BCAA does not even imply the car is 100% flawless.

[zilley]

Boosted if only I could thank you multiple times.

I feel like the buyer cheaped out and got fucked with a surgery bill.

You mentioned the buyer is well off. I feel this is not the case.

[mikey2781]

lol Wow, that's like saying, "if you're having a baby, and you want it to be a boy, and it ends up being a girl, will you care for a daughter as much as you would for a son? Be honest, answer is no"....

....Please don't ever get a dog br0....

...Yes lets compare a dog to everything there is in the world. A dog = car = a baby = apple = computer = headphones = cat?

LIke i said, don't look at me making stupid comparisons with a car. Look at the first few replies.

[zilley]

now the whole rs are scammers just because we stated our personal experience and opinions.

[BoostedBB6]

Dafuq? Did you not even read? I didn't want to compare with cars in the first place. I said something along the lines of "if you guys want to compare with cars...".

Why would I want to share info when he specifically told me not to? This is clearly a case the buyer can take to court. I never knew revscene was filled with scammers like this and sides with misrepresentation in advertisements.

Seller emails to fake ad says "He has problems X and Y.
Buyer asks seller if seller knows of problems X and Y.
Seller emails to the buyer says "I don't know of any of those problems.".

You will look stupid when I tell you what his health problem is because a simple "heatlh checkup" cannot diagnose this problem that will take affect in the near future.

And comparing with cars, even getting it inspected won't guarantee that it will be problem free. I'm not as good as some of you guys with cars, but I am pretty sure someone can come up with an example where getting the car inspected at say an indy or BCAA does not even imply the car is 100% flawless.

No one is siding with the seller as they were wrong in what they did but when you take on the responsibility of another living thing you would invest a considerable amount of time an energy into making sure that it is in goo healthy, that it has been properly taken care of ect ect.
These are not things you (aka "your friend") have done and now its going to cost you.
These things, they are all byproducts of trying to save a buck or two and in this case it bit you in the ass.
Suck it up, take care of the dog and be better informed next time you go out into the real world because, after all, there are liars out there that will take your money if you are so easily parted from it.

[mikey2781]

First post updated with almost all details.

edit:

1. luxating patella requires radiographs/x-rays to be diagnosed, a simple checkup will not reveal this problem. Even if the buyer went for a checkup, the vet wouldn't have found that. Which is the reason why the seller was so confident about his "clean vet history". Yes the buyer should have done a checkup anyways, everyone learns something new every day.

2. i am not my friend

[BoostedBB6]

Glad to hear you are going to get YOUR dog taken care of.

[zilley]

Wait.. so.. your saying that the dog is completely healthy atm?

But it won't be needing a surgery a year or so down the road.

That's like.. You asking the buyer to give you warranty for the rest of the dogs life.

And now let's compare it to a car again. "let's say a timing belt change, now that I got it re-inspected AFTER purchase and was told it needs to be done in 2 years, I m gonna go to the seller and tell them" oh, car needs new belt and you have to pay for it. "

[mikey2781]

No its like saying you have a tumor and you want to remove it, but doctors says no because you are only 1 year old and you need to be 2 years old to remove it. Don't give me shit for typing this, not sure what other examples I can give.

[DragonChi]

Technically, in the eyes of the law, a dog is considered property, and can be treated the same as any other property. Like a car.

People with souls know that dogs are more than a car could be.

If I had to settle for anything else other than my dream car, I would still give it the proper maintenance because it's the responsible thing to do. So, the answer is yes. I would still treat it the same.

I think the OPs point was that he felt the dog was mis-represented at the time of sale. This has nothing to do with warranty. As always with used goods it's, caveat emptor.

[westopher]

Majority of the dogs at SPCA are also pretty old,
This is such an incredibly false statement I feel like my head is going to explode. The average age for surrenders to shelters is about 18 months old. Because everyone wants a cute cuddly puppy, they don't bother training it and now they are a misbehaved adolescent. I adopted my dog at 8 (speculated) months old, and all the dogs in the shelter except 1 or 2 out of about 10 were under 3. I know this isn't that relevant, but its misinformation like that, that keeps people from going to a shelter or rescue in the first place.

[Soundy]

Wait.. so.. your saying that the dog is completely healthy atm?

But it won't be needing a surgery a year or so down the road.

That's like.. You asking the buyer to give you warranty for the rest of the dogs life.

And now let's compare it to a car again. "let's say a timing belt change, now that I got it re-inspected AFTER purchase and was told it needs to be done in 2 years, I m gonna go to the seller and tell them" oh, car needs new belt and you have to pay for it. "
Actually, I do understand OP's point here (and his friend's) and I agree. To use the car analogy, it's like the seller saying, "No no, this car doesn't need any work", then you take it and find out the transmission is about to go... THEN FIND OUT THE SELLER KNEW FULL WELL THE TRANSMISSION WAS ON ITS LAST LEGS.

That's the issue here: the buyer has proof that the seller knew of a potential issue that would cost money, and the seller didn't disclose it in advance. That doesn't necessarily mean you don't take the car (or dog) anyway, but it's always nice to know what you're getting yourself into instead of getting hit with a surprise down the road, WHEN THE SELLER ALREADY KNEW ABOUT IT AND SHOULD HAVE TOLD YOU.

When we got Taffy from the shelter a little over a year ago, they told us of her medical needs... and the owner that surrendered her told them about her medical needs: she had suffered from pancreatitis in the past, meaning she needs a low-fat diet to avoid it. In this case, that's important for a new owner to know, because without knowing it we could have inadvertently caused a recurrence of the condition. To use the car analogy in this case, it would maybe be like... the seller neglecting to tell you that the car knocks like crazy if you don't use premium gas, so you put in regular gas, and end up blowing a hole in a valve.

I have another example where a seller revealing a dog's medical condition could have saved a dog's life, but probably didn't because she knew it would be expensive to fix... but that one's a bit long-winded and I'll save it for another time.

[parm104]

I'm having a hard time trying to follow this non-sense OP has posted.

What was the evidence OP said they had that shows that the seller knew about the animal's defective condition?

[Zordon]

Um i went through the exact thing. We purchased a dog from a breeder in Texas, the day before she shipped her, she said she's limping, experiencing some sort of sprain. We advised the seller to bring her into the vet to have the limp examined. She reported that it was just a sprain, so we ok'd her to be shipped to us. When we received her, we noticed that her front left elbow was dislocated, wouldn't stay in place. We found out from 3 vets it was luxating.

To keep the story short, we managed to get all our money back by threatening to call their local police department and better business bureau. As for our dog, our vet did not recommend surgery as her arm was not causing her pain. She is now 3 years old and happily walking on her 3 remaining legs. Btw, she is a Shih Tzu.

Good luck with the legal battle and let me know how it goes.


Edit: For those curious about the type of surgey, we were advised of 2. One was to attach artificial legiments into the elbow. They mentioned that it does not guarantee that the arm will work after surgery and will likely cause pain through the remainder of the dog's life. The second surgey would involve a full amputation of the arm. This may result in phantom leg syndrome and pain for the dog for the rest of her life.

I knew of another dog that had double luxating hind legs, went through surgey, was successful but could not rehab it to a point of where it could live normally. The dog eventually passed away soon after the surgery (not sure if it was related to the surgery).

[mikey2781]

I'm having a hard time trying to follow this non-sense OP has posted.

What was the evidence OP said they had that shows that the seller knew about the animal's defective condition?

Before the buyer found out the problems the dog had, the seller of the dog emailed the buyer's fake AD saying that they sold the dog because of those 2 problems. (picture 1)

Because of this, the buyer brought the dog to multiple vets and all of them confirmed that the dog does have those 2 EXACT problems.

Buyer tries to give the seller a second chance for them to make it right, but they continue to lie multiple times. (picture 2)

When seller was provided picture 1, seller immediately offered partial refund.

As stated in first post now, the buyer has already settled with the seller and got a partial refund which will go towards the dog's surgery.

[bballguy]

LMFAO....How much did they settle on?...I'm sure it's next to nothing compared to total cost of surgery.

[mikey2781]

Slightly less than half the surgery cost.

[bballguy]

Slightly less than half the surgery cost.

lol Give me a number...and are you talking about total surgery cost? For both the undescended testicle and bilateral luxating patella?

[parm104]

lol Give me a number...and are you talking about total surgery cost? For both the undescended testicle and bilateral luxating patella?

Were you the seller?