Legal Question in Consumer Law in Massachusetts

returning a dog

I purchased a puppy which I was told was 6 mo. old, after I received the papers on the dog ,he is 8 and a half mo. Do I have a legal stand, I stopped payment on my card, the owner will not take dog back, I sent a certified letter to the owner, no reply for almost one week, what can I do? He's been in a cage for over 8 mo. and is very viscious wit children, which I was told he was good wit kids.


Asked on 12/01/00, 1:12 pm

1 Answer from Attorneys

Re: returning a dog

Thank goodness you stopped payment. That's going to help considerably. Good for you. EXCELLENT!

I've got a few questions: How much $$$ is involved? Was that a good price for that breed / age of dog, normal, or below normal?

Big question: was the seller a merchant? ( A professional dealer? ) Did he buy the dog himself for resale or as a pet? Is seller in Mass. or routinely doing business from outside of Mass into Mass.? Was this a sale at a dog show? Where? (There are special rules for show sales.) I assume you bought the dog as a consumer, not for resale.

If the seller won't take the dog back and you don't want the dog, you may under certain circumstances (which apply to livestock!) resell the dog and send him the proceeds of that sale (less a very small amount as cost of sale) in lieu of the money he sold the dog to you for.

Does the few years age difference matter a lot in dog value? Is it like mileage on a car which makes such a huge difference? I ask out of ignorance. Anyway, which is the bigger factor, that or his way with kids?

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Answered on 12/04/00, 2:28 pm


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