Cancel sale after housemate's allergy

Questioner

We bought a puppy and unfortunately had to return it within 24 hours due to severe allergies. The private individual took the puppy back. They later come back to refund when the puppy is sold. Still, that doesn't feel right. My proposal was to refund 75%. What is your view on this?

Lawyer

It depends very much on the individual circumstances. If it concerns a commercial seller (for example a breeder or pet shop), then it may be a consumer purchase and then special rules apply. In general, hereditary diseases or defects that manifest themselves within six months of the purchase are assumed to have already existed at the time of the purchase. The purchase could then possibly be dissolved. If the seller is a private individual, it is less likely to be assumed that the dog already had a defect at the time of purchase. The principle of 'bought as seen' then applies. However, if the seller was aware of the allergic reaction and concealed this, or if there is gross deception, the court may be able to dissolve the purchase. In such a case, it is absolutely recommended to seek legal advice from a specialized lawyer or attorney to understand all the nuances and possibilities in your specific situation.