contract-law tort warranties animals
Defective puppy from a state without a Puppy Lemon Law?
<p>I recently bought a purebred puppy from a seemingly reputable breeder* in West Virginia. Five days after bringing it home (to PA), it had a seizure. It has had three more in the three weeks I've had it.</p>

<p>From what I have been able to gather on the internet, W.VA does not have a puppy Lemon Law.</p>

<p>The breeder seemed to be quite good and initially offered (verbally) to give me a full refund, but now is claiming that the pup has been having seizures because of over-vaccination. ("<em>Vaccinosis</em>" is not recognized in the allopathic veterinary literature as a real diagnosis, but is much discussed on all-natural sites, similar to the anti-vaxx info, though, truth be told, some of it seems reasonable. But that's a rabbit hole right now.) I'm not even sure if I return the pup that I'll get <em>any</em> of my money back.</p>

<p>What is my best recourse?</p>

<p>*<sub>I used to breed Border Collies, and feel competent to assess breeders (my stupid hubris...) I called other breeders who vouched for her (granted, it's a rare breed, so there aren't a whole boatload of breeders and they all seem to be "good buds") and inspected her home/breeding facilities/puppy care and socialization areas/practices before reserving a puppy, so please no comments about that. I feel bad enough that I've fallen in love with an epileptic puppy - or worse, one with a neurodegenerative disorder - whose estimated mature weight will be 140 pounds.</sub></p>

<p>The governing law would be primarily the Uniform Commercial Code's provisions relating to warranties in Article 2 related to "sale of goods" since a puppy is a "good" and you purchased the puppy in what would have been a contract of sale.</p>

<p>Assuming that the breeder qualifies as a "merchant" under the Uniform Commercial Code, the sale includes a "warranty of merchantability" that the good sold is a merchantable quality. W. Va. Code § 46-2-314. This states:</p>

<blockquote>
  <p>(1)   Unless excluded or modified (section 2-316), a warranty that the
  goods shall be merchantable is implied in a contract for their sale if
  the seller is a merchant with respect to goods of that kind. Under
  this section the serving for value of food or drink to be consumed
  either on the premises or elsewhere is a sale.</p>
  
  <p>(2)   Goods to be merchantable must be at least such as</p>
  
  <p>(a)   pass without objection in the trade under the contract
  description; and</p>
  
  <p>(b)   in the case of fungible goods, are of fair average quality within
  the description; and</p>
  
  <p>(c)   are fit for the ordinary purposes for which such goods are used;
  and</p>
  
  <p>(d)   run, within the variations permitted by the agreement, of even
  kind, quality and quantity within each unit and among all units
  involved; and</p>
  
  <p>(e)   are adequately contained, packaged, and labeled as the agreement
  may require; and</p>
  
  <p>(f)   conform to the promises or affirmations of fact made on the
  container or label if any.</p>
  
  <p>(3)   Unless excluded or modified (section 2-316) other implied
  warranties may arise from course of dealing or usage of trade.</p>
</blockquote>

<p>In addition to any warranties arising from any express warranty or representation made by the breeder. <em>See</em> W. Va. Code §§ 46-2-313 (express warranties) and 46-2-315 (warranties implied from conduct). These warranties could be modified if there was a written contract of sale that you signed that disclaimed these warranties, pursuant to W. Va. Code § 46-2-316.</p>

<p>Thus, legally, you should be entitled to return the dog for a full refund, if the warranties were not disclaimed in writing.</p>

<p>From a practical perspective, you can't get what you don't ask for, and asking for a return for the full purchase price is certainly a good starting point.</p>
