Does the pet lemon law protect me from buying from a private breeder not considered a “pet dealer”?

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Does the pet lemon law protect me from buying from a private breeder not considered a “pet dealer”?

I know the state of FL has a pet lemon law. The question relates to a “private seller” not a “pet dealer”. My pup came from a litter of 12 and the seller said it would be her 1st and only litter. Do I have any recourse under the lemon law? She obviously does not qualify as a “pet dealer”. My medical expenses are twice what I paid for the puppy. The “oops” I see is that the breeder administered the de-worming on her own without the supervision of a licensed vet.

Asked on November 11, 2010 under General Practice, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Florida, from what I understand, has one of the most broad "pet lemonlaws" in the country.  In reading same I agree with you that the seller here may not qualify under the "dealer" heading.  What is of a concern here is that there is a clear violation of the law - dealer or not - for her administering the de-worming medication without authoization or prescription from a vet, which is what I think you mean.  What you could possibly have a case for is negligence resulting in a breach of contract (misrepresentation, fraud, etc).  I might confront her on that and see what she says.  If you get no satisfaction seek legal help in your area.  Good luck.


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