I answered an ad for a dog for sale, by Vikki or Victoria Faia claiming it was a full-breed Maltese and 12 lbs, but when I went to pick up the dog it was much larger than a 12 lb dog. In fact it seemed way too large to be a Maltese. It was a 3-hour round trip, and my son was with me, so I took the over-sized dog not to upset my son. I gave Vikki Faia $250.00 in cash. The very next day, I told Vikki that it was not working out because her dog was attacking my Maltese nonstop. I asked if she would take her dog back and she said No.

Mrs. Faia claimed that she couldn't take the dog back because her husband was allergic to the dog's dander. This was also questionable since full-breed Maltese's do not have dander and are hypo-allergenic, which is the main reason people pay more for them. I was left with her burden, and had to stay home for two weeks just to keep her big so-called Maltese from attacking my little Maltese. After 2-weeks of not being able to work and trying to find a home for her dog, I called the dog rescue and had them come pick her dog up. She kept my $250.00, and didn't care what happened to her family dog.

I actually thought she would have felt guilty and at least offered to give me my money back, but she didn't. After well over a year, and not hearing from her, I contacted Vikki requesting my $250.00 back, telling her that I would let everyone know about this if she didn't, and she threatened me claiming that she would contact her relative who is an attorney. I told her warning people about bad business dealings so they do not fall victim to it is not illegal to the best of my knowledge, and requested her lawyer/relatives contact information to find out what law this would be breaking. I waited two weeks and she never got back to me. Does anyone here believe me posting this is illegal? If it is I will delete it, but if not then hopefully it will serve as a consumer advisory.

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5 Updates & Rebuttals

WallkillNYDog

New Jersey,
United States of America

Still no reply from Vikki Faia

#2Author of original report

Sat, October 22, 2011

Vikki said that she would get back to me with her attorney-relative's contact information, but still no reply from her since September.

Robert

Buffalo,
New York,
USA

better suggestion

#3Consumer Comment

Fri, October 14, 2011

You cannot be sued for libel or slander if you are truthful in your posting.

Absolutely incorrect! You can indeed be sued, even if what you wright is truthful. If someone sues you for defamation and libel, you must defend the lawsuit or risk a default judgment. That being said, the truth is an absolute DEFENSE to a defamation/libel lawsuit. The plaintiff must be able to PROVE DAMAGES to win an award and the defendant must convince the court that what was written is indeed factual-the court makes a finding that what was written is the truth. If what was written is truthful, and can be proven, then a counter-suit for misuse of process would be appropriate.

To simply state that one cannot be sued for writing the truth is not factual and is misleading to the public at large.

It's quite common for people to threaten they will get an attorney involved when they don't have a leg to stand on.

I agree. This is a bullying tactic and quite often works.

whenever you have issues with business dealings like this it is always best to interact via email so you have a written record of exactly what happened. A good idea would be for you to write her an email detailing your specific experience and why you are not satisfied with the transaction.

I disagree. Email is easily faked, and most courts know this. Email is more likely to become the focus of demurer during any civil or criminal proceedings.

A better idea is to use certified, return receipt requested mail. This is why I advise folks to NEVER conduct business with websites that DO NOT have a verifiable mailing address. Those "contact us with email only" businesses are best left alone.

Flynrider

Phoenix,
Arizona,
USA

The OP doesn't have much of a case either.

#4Consumer Comment

Fri, October 14, 2011

The OP drove to where the dog was, inspected it and purchased it. As the owner of a maltese, it should be expected that the OP would know whether the dog being purchased was or was not a maltese. Complaining about the size is a non-starter since the OP inspected the dog prior to purchase.

Unless the OP has a contract that allows the return of the dog, this will go nowhere. This sounds like a case of buyer's remorse, which is generally the buyer's problem.

Tagurit

Plano,
Texas,
USA

Suggestion

#5Consumer Comment

Fri, October 14, 2011

You should be fine on your posting provided all the information you provided about your experience was accurate. You cannot be sued for libel or slander if you are truthful in your posting. It's quite common for people to threaten they will get an attorney involved when they don't have a leg to stand on.

Did you ever have an independent vet or some expert determine if the dog was in fact a Maltese? Also, whenever you have issues with business dealings like this it is always best to interact via email so you have a written record of exactly what happened. A good idea would be for you to write her an email detailing your specific experience and why you are not satisfied with the transaction. Her response or lack thereof is in of itself documentation.

Robert

Irvine,
California,
U.S.A.

Perhaps you should have done some reading first

#6Consumer Comment

Fri, October 14, 2011

Does anyone here believe me posting this is illegal? If it is I will delete it, but if not then hopefully it will serve as a consumer advisory.
- Apparently you didn't read the Terms of Use for this site when you posted. If you had you would have realized that your post is permanent. That is they do not delete ANY post. The best you can do is update it with additional information.

No, I am not the admin or anyone who can act in that capacity, just giving you a heads up.

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