Is a breeder liable for vet bills if our puppy has a serious flea problem/allergy?

Question

We just bought a Cocker Spaniel puppy on Thursday night. I had specifically asked the breeder if the dog had fleas BEFORE I decided to buy him and he, of course, said "no." When we got the puppy, I noticed he was scratching his ears and he pointed out that dogs always get itchy. I didn't think anything of it because our cockers always had ear problems. However, the dog has been scratching non-stop because he has fleas. We have 2 cats and have NEVER had fleas in our house or yard. Now I have to put all the animals on frontline, wash everything, shampoo the carpets, treat the puppy for some sort of dermatitis reaction to the flea bites, and spray the house and yard. The vet bill was $235!
I called the breeder on Saturday about the fleas and said how mad I was about the fleas. I asked for him to call me back. I've left 2 more messages since and he hasn't returned my calls! Can he be held liable for all these expenses? Please help! Thanks!

He brought the dog to my house. It was at night, but I had a light on. I looked at the dog, but I couldn't see the yeast infection in his ears or any fleas on him as he has beautiful thick fur and it's black and white. He doesn't have tons of fleas that I can see, but he has tons of flea dirt. That doesn't get picked up from a house in less than a day (I defnitely didn't have fleas here, and I disagree with medicating animals unnecessarily; my cats are strictly inside animals). BTW, the breeder over-vaccinated the puppy and the vet said he had a yeast infection in his ears. Regardless of whether or not he pays me, I'm filing a complaint with the ASPCA.
I know about the congenital health guarantee, but isn't a verbal agreement about the fleas standing? Thanks everyone for all the advice!

BTW: I put the cats on Frontline today because it's pointless to put the dog on it and not treat the rest of the house/pets. I'm allergic to fleas and would have broken out from their bites if we already had them. His puppy dermatitis (or whatever they called it) only appears on his belly near his hind legs...not noticeable to most people.

Answer 1

The answer is YES! He lied to you about the flea infestation. I would hold him liable. The other problem is, you will have to prove your case in court. You will have to have all the documents, the bill of sale with date, the vets invoices with dates of treatment and possibly a witness besides yourself. This must have been a serious problem to have a vet bill of $235. Have a friend call this breeder, pretend to be a potential buyer, make an appointment to see the parents and other puppies. Then check for fleas on the parents and puppies, use a digital camera to take some photos for court. Make sure this person is willing to go to court with you to testify on your behalf. This breeder should be put out of business. Responsible breeders don't let their animals live in these conditions. At the very best he is a liar, at the very worst, a irresponsible back yard breeder, who only cares about the money not the animals.

So what do you do if you win....well, you now have a judgment and are left to collect the money on your own. You must know where the person works, has bank accounts, etc. If they own property, you can put a mechanic's lien on his property. You won't get paid any money until the property gets sold. If you're lucky, People's Court will call you and if you win there, they will pay you immediately.

I would also put an ad on Craigslist documenting the problem you had with the puppy from this breeder. Buyer beware!

Good luck to you.

Answer 2

Check the laws in your state. As far as I know, if you elect to treat the dog rather than return it, it is your loss. Your option would be to return the puppy and get a refund of what you paid for the pup if you were dissatisfied about a pre-existing condition and your Vet documented that this was the case. What courts won't cover (again, check your state's laws) is if you decide to treat the dog and your house. You'd have to eat those bills and give up the pup. Would you want to do that?
Also, with regard to fleas, it would be very hard to prove that your house needed treating within a day or two of having the pup, especially since you have animals already, flea product applied or not, and because fleas can get into your house just by jumping onto your pants when you go for a walk and then off and onto your carpets when you get home. Since you said you had to put all your animals on frontline after getting the pup, that indicates there was no flea prevention for the other animals, or it was past due when you got the pup. That would indicate you could already have had flea problem. But that probably wouldn't even be addressed. That's my best guess.
Another thing about the fleas, if you saw the puppy scratching and fleas were a concern of yours, you would have been expected to examine the "property" (pup) before buying it. A bad flea allergy would be highly visible.

Answer 3

No. Most lemon laws only cover congenital illnesses. Fleas can be taken care of and shouldn't cause any further vet bills. Most dogs have fleas. You should keep all your pets on frontline and then they will never have fleas. All of my dogs have been on frontline since the time they were puppies and they've never had a flea or tick in their lives. The breeder just probably assumed they didn't have fleas, but its safe to assume that most do. He's not liable for the damages b/c it was only fleas, even though he said they didn't have any.

Answer 4

Only if you signed a health contract when you bought the puppy. And I'm sure that has to be stated in the health contract. Otherwise what is going to happen is the breeder is going to say that the puppy got the fleas while he was in your care, and he is going to refuse to pay the vet bill. But now you know to sign a health contract before you buy another puppy from a breeder.

Answer 5

It's hard to say.. I guess you should have looked closer before you left the breeder's place to see if the dog had fleas.. Shouldn't have to, but it seems that alot of BYBers will allow puppies to get fleas and leave their homes having fleas..
It sounds typical ' call me back ' and you never hear from them again.. Likely if you get hold of him again, he'll blame the fleas on you.. might even tell you how you gave his dogs fleas.. I would chalk it up to experience and do better research when you buy a dog next time.

Answer 6

NO. I don't see how the breeder could be held liable for the fleas. Or to the allergy to fleas. If you had looked the puppy over well, you would have found the fleas and could have passed on the pup.

Answer 7

I don't think so.You should have checked the puppy over thoroughly for fleas before bringing him home,and asked the breeder to pay for a tube of Frontline.And,there's always the chance the pup picked up the fleas in your yard.

Answer 8

You got taken by a BYB big time..don't expect any compensation..there was no contract in writting. Don't expect him to ever call you back either..he has your money.

This is one BIG reason to NEVER buy a puppy from a breeder that you don't know sight unseen...do NOT rely soully on a breeders word as to health of a puppy..get medical records stating dates of deworming, vaccinations and vet exam as well as name of vet that did the exam, get copies of genetic tests done on parents, always get references, go to the breeders home and check out conditions of all dogs & puppies and area in which they are kept....

If your state has a puppy lemon law you may be able to do something but don't count on it.

Answer 9

no the breeder is not liable for the bills because there is no way to proove that the dog got fleas in his care...the dog could have got them in your front yard(just because you dont see the fleas outside doesent mean that they arnt there) and your animals should be on flea meds anyway because fleas can carry harmful dieases

Answer 10

I believe only if you had it in the contract upon purchase...and naturally there is no way to prove WHEN he got the fleas ...so hopefully the breeder will step up and admit it -- too bad you didn't check before leaving his premises......