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Before buying a dog, learn about puppy lemon law

05:07 PM MST on Friday, March 28, 2008

By Liana Arenas / KTVK-TV

PHOENIX -- When a Valley couple paid a pet store nearly $1,300 for a dog, they assumed the dog would be healthy. But they say that wasn't the case, so they contacted 3 On Your Side for help.

Well, the question here is what do you consider to be "healthy"?

If you're a consumer who purchased a puppy, you might expect that little dog to be in tip-top shape with no medical issues. But under the state's "puppy lemon law," there are some exceptions.

When Jennifer Coldwell's fiance bought a bull terrier named McKenzie from Just Pets in Tempe, they hoped it would bring them closer.

"It was a surprise," Coldwell said. "He brought her home and we were all excited and then we were disappointed shortly after."

Disappointed because they say within hours of bringing McKenzie home, the puppy became sick.

"It was like 10 o'clock at night that we brought her home and that night within three or four hours, we noticed the first diarrhea," Coldwell said.

Coldwell says she called the vet the first thing in the morning and made an appointment for two days later.

"They diagnosed her with giardia," Coldwell said.

Giardia is a type of parasite, which, according to experts, is highly treatable in most cases.

But knowing McKenzie had parasites didn't sit well with Coldwell and her family because pet store documents that came with the $1,300 puppy said McKenzie was considered "healthy."

"The thing is they told us they were selling us a healthy dog and it's not," she said.

But 3 On Your Side has discovered that's not exactly true, at least not according to state law.

Under the state's puppy lemon law, which was enacted nearly a decade ago, parasites are not considered what's called a "qualifying illness."

3 On Your Side tracked down two lobbyists who helped push through the puppy lemon law and who helped exclude parasites from that statute.

Why the exclusion?

The lobbyists say that most animals have parasites and they're very treatable in most cases.

They said the intent of the law was to address any major medical issues that came up with animals.

But Coldwell says she didn't anticipate paying hundreds of dollars in vet bills so soon after paying nearly $1,300 for McKenzie.

"It was an expensive dog to begin with and when adding up bills, we've spent $260 to $270 in vet bills in the last two months," Coldwell said.

3 On Your Side contacted Jennifer Zuchowski, who manages Just Pets.

"People come in here expecting to get a perfect puppy and no matter where you go there's no such thing as perfect," Zuchowski said. "Humans aren't perfect, animals aren't perfect. We go above and beyond what the law requires."

She went on to say that little McKenzie was examined by a vet before being sold and according to these medical documents, the dog was deemed healthy.

Regardless, she says McKenzie was sold with what's considered a warranty, so those vet bills will most likely be paid anyway.

"They've been told it's in our contract that they'll be reimbursed up to their purchase price for vet expenses," Zuchowski said. "It's very easy to be reimbursed. We've never denied it."

Coldwell says she intends on submitting the paperwork to get reimbursed and says she wishes she would have been more familiar with the puppy lemon law beforehand.

The bottom line here is that Just Pets really did not do anything wrong.

If you are thinking of buying a pet, I really encourage you to familiarize yourself with the so-called puppy lemon law.

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