What isa seller’s responsibilityregarding a refund for asick dogpurchased overtheinternet?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What isa seller’s responsibilityregarding a refund for asick dogpurchased overtheinternet?
I purchased a dog from someone over the internet the dog had a health problem and I decided to ask for a refund. The seller refused a refund and said that either I could take the original dog because they didn’t feel the health problem was a big deal or they’d give me a different dog. Can they do this? If I file a claim, I’m in one state and they’re in another, where would I have to file?
Asked on February 13, 2012 under Bankruptcy Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If they did not provide a warranty or guaranty on the dog, you could only recover in a lawsuit if you can show that they knew the dog was sick but sold it to you as if it was in good health. Depending on the condition, that might not be the easiest thing to do.
You could sue in your state, but it's always trickier--and more expensive--to sue someone in a different state. Serving process on them, for example, is more involved; if you win the lawsuit and they don't pay, you need to take your judgment to the courts of the other state to collect; you may have higher travel, postage, etc. costs. You may wish to consider the offer of a replacement dog as an alternative to an interstate lawsuit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.