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#1 kgiacobbe

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Posted 17 January 2012 - 09:32 AM

Hi,


-From Florida


Hi,


I was in search of a new dog and wanted a puppy but needed to get an adult because I needed it to be housebroken. I found one on Ebay, the lady said she was housebroken. When I get to her house an hour away, she tells me he has been "outside" the past couple days and then when I got home and told her he was already marking she said I may have to crate train him for a couple days. She said she would take the dog back but not give me my money back. The dog is clearly never been trained, I have done everything and I cannot keep him. I am wondering if I can sue her to give the dog back and give my money back on false terms she put in her ad.



#2 Fallen

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Posted 17 January 2012 - 10:51 AM

There's no law preventing you from suing her.  We cannot know whether you'll be successful, given it may be hard to prove the purchase was conditioned on the dog being housetrained (assuming that was the deal).  You may want to try and get her (via email) to admit that she agreed to refund the money (you may not legally record a conversation with her in FL unless she knows it's being recorded).

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#3 pg1067

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Posted 18 January 2012 - 02:29 AM

Of course you can sue.  Did you really think you couldn't?

#4 pg1067

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Posted 18 January 2012 - 02:33 AM

Fallen said...

it may be hard to prove the purchase was conditioned on the dog being housetrained (assuming that was the deal).

The poster wouldn't have to prove this.  All the poster would have to prove would be that the representation made in the ad was false and that he/she reasonably relied on the representation.  The difficulty here would be in proving that the dog wasn't, in fact, housebroken.  I have to assume that a dog that is housebroken for one person might revert to "marking" when brought into a new home.






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