Health Problem with Dog just purchased from Breeder

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#62
Illegals bank all the time apperently. Ive tried the take it to the bank with TM before, she dosent understand a 30 year old oil pipe line is different then a NG line that is still in the planning stages. Yould be better off trying to get through to Tosca.
 

Buddy'sParents

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#64
It's not heartless, it's a cold hard fact. Buying this dog WAS a transaction. Money was exchanged, i.e. a purchase was made, i.e. a TRANSACTION was preformed.
I said "just a transaction". Get it? Buying a dog is not JUST a transaction to some. It's a LIFE choice.

When I found out that my puppy was blind in one eye and probably needed to have it removed should I have returned her? Even though her parents are free of any health issues and not one other pup from the litter was affected as she was?

Maybe in your ways, but NOT mine.
 

sbfish

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#65
Most reputable breeders wouldn't do things to cause their names being "slung thru mud". This person came here for advice- advice is what we give.

Depends on the area. Living in the bay area of Ca, myself, I'd say $700 isn't outrageous for the three treatments the dog received.

To the OP- wait until you have that contract in your hand and then go about whatever business you deem reasonable.

While we don't know both sides of the story, what I hear is pretty shady in regards to the breeder.
Thanks for clarifying my situation Buddy's Parents. My only intention to post my question here was to obtain information on what my rights and options are as a buyer in this situation. NOT to trash the breeder, if I did I would have mentioned them by name.
 
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#66
Sorry if I don't undested this thread, but what diseases and posible infections need to be in a breeder guaranty? :confused:

For example if a puppy results with distemper or a stomash infection in a few days before you get, the breeder has to be responsible right?

But you have to talk with the breeder before you take it to the vet? and what if is an emergency and the breeder is not home??
 

sbfish

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#67
What's also tacky is telling someone that court of claims performs in a way it doesn't perform, such as "getting your head bitten off by the judge" when it simply couldn't be farther from the truth.

In fact, it's kind of boring in real life. You file your claim, tell them what you would like to see happen. You submit your invoices, tell your story and and judge asks for clarifications. Having no contract will work against the breeder a whole lot more than against the owner. Most purchases of items don't come with contracts anyways, but a contract might have protected the owner if it spelled out "what to do".

Most times, a claim doesn't even reach court, as vendors make offers to settle it.
Toscas Mom, I appreciate all the information you are providing regarding small claims. It is one option I am considering.

I emailed my question to the AKC and the response was " I would think that the breeder would be responsible if the vet can certify it is a pre-existing condition and if you are on good terms with the breeder, I think that one half of the vet bills would be a good amount to ask for. If the breeder does not want to do this, then it is your responsibility."
 

Buddy'sParents

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#68
Thanks for clarifying my situation Buddy's Parents. My only intention to post my question here was to obtain information on what my rights and options are as a buyer in this situation. NOT to trash the breeder, if I did I would have mentioned them by name.
You're welcome. It was obvious that you wanted advice and were not slinging anyone through any mud. I hope the best for you and your dog. I know what it's like to have sick dogs and not want to give up on them. I'm also a PM away. :)
 

sbfish

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#69
Question : Why did this breeder want to get rid of her 3 years old dog in the first place ??? Sorry if I missed this .
I originally went to look at a younger female the breeder had, but she was not the right temperment for my older female. As I was about to leave the breeder said there was another female that would be a better fit, though hadn't thought of selling her desiring to finish her first. And asked if I would be willing to leave ownership in the breeder's name and bring her to some shows occurring in my town until she finished. I didn't have a problem with this and agreed to it.
 

sbfish

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#71
That maybe true. And if you keep using these puppylemon law crutches to bully your way through the breeding community you are going to find yourself without breeders to purchase dogs from. And that will be your own fault.
So many people in CA are already whining and moaning about how expensive dogs are there and how breeders just never have anything available. If you think its bad now just wait. And you can "legal" that all the way to the bank....
This was an unintentional and unfortunate situation that occurred for all of us-breeder, dog, and myself. The breeder admitted not giving me the information to bring the dog back if a health issue should arise. Based on the information I acted in the best interest of the dog and now there is $700 in vet expenses. All I want is to identify reasonable and fair compensation.
 
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#72
The breeder said it because they believed it to be true. Common sense should tell you that this was unintentional. Again, a "nationally known" breeder...WHY would they PURPOSELY place a dog with an active problem...they WOULDN'T....especially not something as trivial and treatable as an ear infection.
Sorry, but just because a breeder is listed on their breed club's website as a contact/member/ whatever does NOT guarantee the breeder's credibility. That is merely one step. To be a member of some breed clubs all you have to do is fill out an application, have a sponsor (who may or may not have ever dealt w/ that person), and pay your dues. There are members in my national breed club that have never bred a litter, and other members who have been breeding 30+ years. On the other end of the spectrum there are people in my local all breed club who have never shown a dog, there are also members who don't currently own dogs.

My point is, this may NOT be a responsible breeder. Who's to say this person didn't have 20 dogs in kennels and therefore wasn't aware of the ear infection? IMO, if this breeder was informed that the dog had a problem and then started in with the excuses, she may not be as honest as you think. Most breeders WANT you to get any new puppy/dog vet checked within 72 hours of purchase anyway.

Having top winning dogs does not make you an ethical person.
 
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#73
Sorry if I don't undested this thread, but what diseases and posible infections need to be in a breeder guaranty? :confused:

For example if a puppy results with distemper or a stomash infection in a few days before you get, the breeder has to be responsible right?

But you have to talk with the breeder before you take it to the vet? and what if is an emergency and the breeder is not home??
To answer your question, most breeders have in their contract that you have 72 hours after the purchase to have the puppy vet checked. If the vet finds anything wrong, the breeder should refund your money/give you another puppy.
 

bubbatd

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#74
If the breeder still has her in her name and planned to continue showing her , then I feel she should have enough interest to take care of the vet bills .
 

Jynx

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#75
I also agree with the above,,,You have phsyical possession of the dog, yet the "ownership" of the dog is in the breeders name. Legally that dog is still hers no matter what.

In fact, you could have paid her a million bucks and if the papers are still in her name, I'd think she still legally owns that dog.

Who would be paying for dog show entries? You or the breeder?

I think your best bet is to get a hold of that contract pronto and read it,,did you sign a contract?

diane
 

sbfish

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#76
I also agree with the above,,,You have phsyical possession of the dog, yet the "ownership" of the dog is in the breeders name. Legally that dog is still hers no matter what.

In fact, you could have paid her a million bucks and if the papers are still in her name, I'd think she still legally owns that dog.

Who would be paying for dog show entries? You or the breeder?

I think your best bet is to get a hold of that contract pronto and read it,,did you sign a contract?

diane
I was wondering if "ownership" still being in the breeder's name would make a difference in regards to obtaining financial compensation. The breeder is going to be paying for the dog show entries. Yes, I did sign a contract but she was in a hurry and wanted to get a copy and then would mail it to me.
 

sbfish

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#78
Do you have a cancelled check that you used to pay for the dog? A sales receipt?
Yes, I have access to the check on my online banking account which the breeder deposited for the dog. No sales receipt only a Pet Ownership Certificate copy from the Tattoo Registry- Tattoo-A-Pet. On the back of the copy it has a Transfer of Ownership form.
 

ToscasMom

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#79
sbfish, try not to split hairs. The dog is in your home. You didn't steal the dog. You paid for the dog. The dog got sick. You called the breeder. The breeder thought it was an ear cleaning issue over the phone. It wasn't. You required vet visits. You paid the vet bills and believe you are entitled to recompense. I am sure the breeder isn't going to accuse you of stealing the dog regardless of your disagreement here. Besides, that contract does not supercede the dog law in your state anyhow, so no need to worry that much about it, especially since you didn't have a copy in your hand when the problem began to begin with. And even if you did or the breeder wanted to say you did, it does not supercede the law no matter what it says. That's why the law it there. To protect people who purchase dogs.

So really,the best thing to do if you want recovery is to submit your form to the Court of Claims and go through the process. Nobody here can make a determination on this issue that can stick. Only the court and/or its arbitrator can do that. It most certainly does appear that you are within the law that Boemy posted in your request. Submitting the form is not really complex to do at all. When you see the form you will see that instead it's rather simple with plenty of leeway for you to have the complaint heard. This thread has been exponentially more work for you that that form will ever be, honest.

When you get the form, I would be happy to help you complete it. So now you really have to decide whether you want to do that.:)
 
R

RedyreRottweilers

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#80
Sue the breeder and your relationship is finished with them, along with many others.

I would pursue other means of resolving this issue, such as SPEAKING to the breeder, or a face to face meeting.

I will remind you again you are not in possession of any contract, so step lightly.
 

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