Reptile & Amphibian Forums

I posted earlier asking for help determining if my dragon was a bearded or a rankins. After finding it was a rankin (I was sold a bearded) I debated on what I should or should not do about it. I was torn between keeping my rankin or getting what I really wanted. After all.. there is a difference between a 9-10" lizard and a 20" lizard. In the end I decided I did not have room for both and that I would ask the petstore to please trade me reptiles. Making a long story short, the petstore told me that they were obviously sold the wrong thing and could do nothing about it now. The person they got the dragon from was under investigation (for god knows what),and they stopped doing business with him because 85% of his pets died shortly after their sale, (I orgininally had 2, one did die) =(
So here I sit.. with a fine rankins, wanting a bearded.
I say all that to ask..
Does anyone know if I have a legal leg to stand on in pressing for an exchange?
One other peice of info.. I have had this dragon for 6 months.. I did not know it was a rankins until last week however. They are so similar until they get larger that to the untrained eye, mine, they look the same.

send a letter to the store manager stating if you don't get to trade the lizard you'll contact the BBB, local newspaper, and as a last resort, small claims court. i'm not sure how small claims court would go, but if you can explain how your situation would be something like someone buying a parrot and going home with a parakeet.

I'd say yes, you certainly do have a legal issuw. I would think it would be no different then buying a Dalmation and getting a poodle.
It's their resonsibility to know what they are selling.
Is this a chain or prvt store? If it's a chain, take names and get numbers for people that are higher up and call them to see if you can rectify the situation.
Since they said the other animals died, I would think you could get reimbursed for yours that died too.
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www.classylizard.com

The store is a corporations but with only 2 stores.
I talked to the secretary of the corp and she said she would have to talk to someone higher up. I will let you all know the results and possibly the names of places to avoid if you happen to be in my area.
Thanks for the input.

n/p
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Chris

1.2.0 Bearded Dragons
1.2.0 Green Basilisks
1.1.0 Crested Geckos
1.2.0 Veiled Chameleons
1.1.0 Corn Snakes
1.0.0 Tokay Geckos
0.0.1 California Kingsnakes
2.5.1 Leopard Geckos

is true, what you are calling a "rankin" is a bearded dragons, it is one of several species of them. Whether this baby is a rankin (actually name is p. henrylawsoni) or a vitticeps, or a crossbreed, all are bearded dragons.

Only if they advertized it as a p. vitticeps would there be legal recourse againt them, but if it they only said bearded dragons, you got what they advertized or said.

You may have recourse for the one that did not survive, if it was within their guarantee period.

We have noticed that several people in the northern areas of IL, IN, OH and WI seem to be showing up with dragons they thought were vitticeps but appear to be henrylawsoni or crosses that are showing the traits of henrylawsoni.

This could be because someone is selling off clutches of to wholesalers and does not explain they are not vitticeps so they don't know..... OR someone that has a crossbreed what is called a "vittikin" (cross of vitticeps and Rankin)is selling them and not explaining what they are, 2nd, 3rd, 4th generation "vittikins" seem to start taking on one of the traits of one of the species...... you can have a clutch that 1/2 appear normal growth and development to a Vitticeps and 1/2 follow the traits of a rankin/henrylawsoni.

Even if the parents are full size dragons with "Vittikin" or rankin/henrylawsoni in their background, it can show up in their offspring and make people wonder why these tiny dragons that appear so healthy are not growing!!
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www.reptilerooms.com

You may be right if I had not previously questioned them about the two. I did condense my story so as not to bore anyone. Also its lucky for us in this country that our legal system is more than the letter of the law. Judges are at least supposed to use common sense in their decisions. So even if that were the case and I had not debated the differences with them to begin with, the spirt of the sale was clear. Obvious, implied or verbal peices of ones agreement or sale will, or should at least, outweigh this technicality. A word is just a word, unless the intent behind it is obvious. And then the word means little more than the intent. If you catch my drift

I meant to say also that I had no intention of trying to get money for the poor dragon that passed. I only brought it up as it was relevent to the reason they stopped doing business with the supplier that assured me what I had was a "bearded" and not a rankin.

the owner would have offered to trade for what was wanted. We try to keep customers happy.

Even Pet Smart who I think is one of the worst for reptile care, has a two week guarantee. Should the animal not survive, you can be refunded.

Are you sure you have one that is a "rankin" and not a failure to thrive vitticeps?
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www.reptilerooms.com

I worked for Petsmart for several years in the dog and cat department, but I did have to know about the policies of the different departments. The reptile, small animal and bird departments were not allowed to take in animals from outside sources, (other than regulated breeders/distributors) due to possible health related issues from the "outsider", that could potentially infect the rest of the animals. This was the policy of petsmart years ago, and although someone might dissagree with me, I don't think it has changed.
So although the petstore you purchased from may be unwilling/unable to "trade" your reptile, they should at the very least have made an effort to fix the mistake, by maybe offering you a partial or full refund and or selling you the correct species for free or reduced price. If they really cared about their customers and the animals they sell, they should stand behind the sale, when provided proof that is was purchased there.
If it were me, I would consult with a lawyer to at least learn my rights in the situation. Then I would go to the local paper. Lesson learned.. buy from a breeder, you usually dont have to worry where there stock/babies comes from. I'm no expert, just my 2 cents.

Just to clarify, by "outsider" I mean the little boy off the street who decides he doesnt want his pet gecko anymore or Joe Shmo who didnt do his research and decided the boa he purchased months ago was more than he bargained for.

Yeah, that's still the policy. Everything is looked over before it comes in (at least i've seen the rodent check, i'm a cashier). If one hamster has wet tail, they all go back. If there is one male, all are turned down. If someone brings an animal in, they can't sell it, but it can be given away. More often then not, an employee takes it.
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4.0.0 Bearded Dragons (Yusuke- Fat Lazy type , Woodrow- Dragon with an attitude, asleep for the winter, Tehko- The baby, little dirt ball, Dexter- just a brat, also asleep for the winter)
1.0.0 Rankins Dragons (Erik-a midget)
1.0.0 Cat- the regular variety (Dominic- fat cat)
0.1.0 Dog- Lab mix(Betty- escape artist extraordinaire)
1.0.0 Beta - I can't remeber his name (just swims around)
0.0.1 Guinea Pig (Timothy)
1.0.0 Red Eared Slider (Franklin)

Actually, you can return things to petsmart at any time. They have one of the most lax return policies ever. If it is still sold in the store, you can get your money back (or at least store credit). I work there (only for 2 more weeks now).
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4.0.0 Bearded Dragons (Yusuke- Fat Lazy type , Woodrow- Dragon with an attitude, asleep for the winter, Tehko- The baby, little dirt ball, Dexter- just a brat, also asleep for the winter)
1.0.0 Rankins Dragons (Erik-a midget)
1.0.0 Cat- the regular variety (Dominic- fat cat)
0.1.0 Dog- Lab mix(Betty- escape artist extraordinaire)
1.0.0 Beta - I can't remeber his name (just swims around)
0.0.1 Guinea Pig (Timothy)
1.0.0 Red Eared Slider (Franklin)

He is half the size he should be if a bearded and the correct size of a rankin of his age.. not to mention it gets easier at that size to see the visual differences. So yes I'm now as sure as I can be with no formal training in that matter that I have a rankins.
I did call the animal authorities here who told me they dont handle "exotics", to call fish and game commission.. but that yes the petstore is indeed resposible for correcting the situation. I spoke again to someone higher up the ladder at the petstore who said they would speak with the owner on monday (sounded like more runaraound).. If I don't get a satisfactory response from them I will contact the fish and game commission directly.
To bad I didn't by from deetu hehe
I realize most ppl on this forum don't like petstores but there are a few good ones.. unfortunatly I found the good one in my area too late. Comments that only slam petstores as a whole are not helpfull in my opinion and fairly shortsighted. just my 2cents