you can try, anyone can sue for whatever they wish, but there are never any guarantees as to whether you shall win or not.........
your first mistake was not getting any paperwork signed and agreed to by both parties, including a health guarantee, so basically you bought a dog "as is", so you're pretty much s.........o.........l......... lesson learned.........
at the very least papers* such as the following should have been signed by both parties and you should have been supplied with copies.........
and always read and understand every detail before signing anything......... if you don't understand or don't agree, then question it before signing.........
*contract should be done on the breeders
letterhead, or otherwise show breeders personal name, address,
phone number, and kennel name.........
important: these sample contracts do not necessarily contain all
provisions necessary to completely protect the parties to the
contract......... laws differ throughout the country; you are advised to
seek the advice of a lawyer in your state.........
on _______ day of ____________, 20 ___, the sum of $________ has been received from:
[insert buyer full name and address]
hereinafter referred to as the buyer......... this sum has been received as consideration for the purchase of the
__________ described as:
[insert complete description of _________]
conditions of sale
(1) both buyer and seller acknowledge that no representations, verbal or implied, have been made with
regard to said __________ future abilities.........
(2) seller warrants, to the proper of his/her ability, that said __________ is sound and free from disease.........
the buyer has the option to take puppy within 72 hours of purchase, at their own expense, to a
veterinarian of their choice......... if puppy is found not to be in good health, the buyer shall return the __________
to the seller immediately, and the seller shall either (1) replace the __________; (2) refund the purchase price;
or, (3) return it in good health within thirty (30) days......... the adverse health report must be in writing and
signed by a licensed veterinarian.........
(3) puppy is guaranteed until one year of age against genetic/congenital defects which would cause death
or the need to be humanely destroyed......... in such an unlikely case, a written veterinarian report, with
autopsy if necessary, must be submitted in writing and signed by a licensed veterinarian......... the puppy shall
be replaced or the purchase price shall be returned at the seller's sole discretion.........
(4) puppy is guaranteed to qualify for registration in a reputable kennel club
(5) if buyer is unable to keep said __________ for any reason, they shall contact the breeder to assist with
placement in another home......... under no circumstances shall buyer ever place this __________ in
an animal shelter, pound, or pet store of any type.........
(6) the buyer further agrees to register this __________ with a reputable kennel club at one year of age, and to have no
association with any conflicting organization or kennel club (relating to __________).........
refund policy
(1) if _________ does not qualify for registration with a reputable kennel club, the seller agrees to:
(a) replace the __________ with another puppy upon return of the original _________; or
(b) upon receipt of spay/neuter certificate for said _________, refund one-half of purchase price.........
(2) if the buyer spay/neuters said __________ voluntarily, the seller shall refund $_____________.........
this agreement represents the entire agreement between the buyer and seller......... no other agreements or
promises, verbal or implied, are included unless specifically stated in this written agreement.........
signed:
buyer seller
date date
sales contract
this sales contract is made this ________ day of _________________________________ 20____ between
_______________________________________......... hereinafter termed the
seller, and ________________________________________.........
address ________________________________________......... hereinafter
termed the buyer.........
the seller agrees to sell, for the purchase price of $_____________, and has this day delivered to the
buyer, a __________, hereinafter termed __________ female/male whelped on ____________, sired by
_______________________________________......... out of ___________________________,
described as ______________________________________, and certifies that said _________ is of sound body
and good health, free from communicable diseases to the proper of seller's knowledge, and current in
vaccinations and wormings.........
the seller guarantees that the ___________ is registerable with a reputable kennel club.........
if the _________ is not registerable at one year of age, the seller agrees to replace the dog if returned, or
to refund one-half of the purchase price when proof of sterilization is received......... the buyer must notify the
seller in writing of the unregisterable condition, and include a reputable kennel club veterinarian certificate dated and
signed by a license veterinarian within 30 days after the __________ turns one year of age......... if the seller does
not receive notification within this period of time, this guarantee becomes null and void.........
the buyer agrees to offer the _________ to the seller for no more than the purchase price above if he
cannot keep the dog within one year of age......... after one year of age, the buyer agrees to notify the seller
if he cannot keep the dog for any reason during its lifetime, and a mutually agreeable plan shall be worked
out to place the _________ in another home.........
the buyer agrees that they shall never place this dog, or any of its offspring should it be used for breeding,
in any pet store or other public-sales situation, and that they shall not participate with this animal in any kennel
club or conflicting organization registry.........
the seller agrees to provide a $50.........00 spay/neuter refund upon the receipt of proof of sterilization by the
buyer, unless the puppy has been replaced or a refund has been given for unregisterability.........
witness our hands the day and year first written above.........
_______________________________________......... seller
_______________________________________......... buyer
you should have also received the following:
medical record
date whelped: ___________________________ sinot sure what to say about this ______________________________________
sugar: _________________ color: _____________ dam: ______________________________________
attending veterinarian:
_______________________________________.........
_______________________________________.........
_______________________________________.........
tail docking/dew claw removal on: _______________________ health examination on: __________________
other medical treatment: ________________________________________.........
_______________________________________.........
_______________________________________.........
vaccinations:
type/date 1) _______________________________________
2) _______________________________________
3) _______________________________________
4) _______________________________________
worming:
type/date 1) _______________________________________
2) _______________________________________
3) _______________________________________
4) _______________________________________
5) _______________________________________
6) _______________________________________
notes:
_______________________________________.........
_______________________________________.........
_______________________________________.........
_______________________________________.........
puppy guarantee
congratulations on the purchase of your newpuppy!! everything has been done
to insure that he/she gets the proper start possible......... the pup has been started on its
vaccination series, been checked for internal parasites, received treatment if
necessary and given lots of t.........l.........c.........
1) the puppy must be checked by a veterinarian of your choice within five working days......... should he find
the pup ill, or not as represented,a full refund of the purchase price shall be given upon the return of the
pup.........
2) in the event the puppy does not pass registration at one year of age due to the following reasons....................................
heart murmur, undescended testicles, hernia, severely incorrect bite, abnormal
vision, abnormal hearing, generalized demodectic mange, genetic disease(s).............................................
a) upon the return of the ___________, you have a choice of a new puppy or a full refund of the
purchase price.........
b) if you keep the __________, half the purchase price shall be refunded upon receipt of proof that the
_________ has been altered (spayed/neutered).........
seller: buyer:
date: date:
pleease note: if, for any reason, at any time, you decide you cannot keep your __________, you may return it
to me......... i shall have it altered (at my expense) and place it in a suitable home.........