Irresponsible breeder????? - YorkieTalk.com Forums

DolcesMom · 01-16-2008, 08:00 PM

Hi all!

Some of you may know that my Dolce was diagnosed with a liver shunt a last year. At the time the breeder had said she had had a bile acid test for the shunt prior to us recieving her and that everything was "good and healthy". As it turns out Dolce was not "good and healthy" and she sold us her under false pretenses. I have documentation from her vet stating that Dolce did have a liver shunts. Is there anything I can do? I tried reading the puppy lemon law but it doesn't make sense to me.

Is there any way I can go after the breeder to reimburse us for the cost of the shunt?

Any info would help, thank you.

Rosey07 · 01-16-2008, 09:40 PM

Wow I hate that for you and they knew about it is what gets me!! I hope you can do something!

bchgirl · 01-16-2008, 10:06 PM

Quote:

Originally Posted by DolcesMom

Hi all!

Some of you may know that my Dolce was diagnosed with a liver shunt a last year. At the time the breeder had said she had had a bile acid test for the shunt prior to us recieving her and that everything was "good and healthy". As it turns out Dolce was not "good and healthy" and she sold us her under false pretenses. I have documentation from her vet stating that Dolce did have a liver shunts. Is there anything I can do? I tried reading the puppy lemon law but it doesn't make sense to me.

Is there any way I can go after the breeder to reimburse us for the cost of the shunt?

Any info would help, thank you.

Did you have a contract? That would provide the breeder's policy on genetic issues. If you do not have a contract you could possibly take her to court.

DolcesMom · 01-16-2008, 10:54 PM

I do have a contract but can i still take her to court if she lied? I have e-mails saying that Dolce was negative for the shunt. But her paper work from the breeder's vet says that she was positive for it.

lisatodd · 01-17-2008, 05:15 AM

it can be very possible that she did have it checked and it was neg. i have seen here that sometimes it takes more than one testing to determine if it is truely liver shunt. sometimes test come out undetermined and futher testing is needed.

i am so sorry you have to go through this.
i hope everything works out for you

Ladymom · 01-17-2008, 06:50 AM

Quote:

Originally Posted by DolcesMom

I do have a contract but can i still take her to court if she lied? I have e-mails saying that Dolce was negative for the shunt. But her paper work from the breeder's vet says that she was positive for it.

Do you mean that the breeder's vet diagnosed a liver shunt, but the breeder lied to you about it? If so, that would definitely be something you could sue her for. What does your contract say about genetic defects?

What state do you live in? Not all of them have puppy lemon laws and most only protect you for the first few weeks. Your best bet is to take her to small claims court if she lied to you about your puppy's health.

domesticated08 · 01-17-2008, 06:53 AM

Well, that totally SUCKS!! I'd talk to an lawyer, there definitely is a lawsuit here!!

feminvstr · 01-17-2008, 07:05 AM

Quote:

Originally Posted by DolcesMom

I do have a contract but can i still take her to court if she lied? I have e-mails saying that Dolce was negative for the shunt. But her paper work from the breeder's vet says that she was positive for it.

The Breeder (without a doubt) should give you a full refund if shunt is part of her guarantee in the contract, is she aware you have a paper trail and the results from the vet?

Are the emails before or after you got your pup? Does the breeder state your puppy tests were clear, is it the same date the vet records show positive?

As far as "The lemon law" it guarantees 1 year hereditary, if your pup is over one year not sure they will help...but would be worth a try, it says you would be entitled up to 1 1/2 times what you paid for the puppy for vet expenses.

I would think if the above doesnt apply because of age, your conflicting paper work would hold up in small claims court.

DolcesMom · 01-17-2008, 10:35 AM

Thanks everyone for all the feedback! Has anyone ever been in this situation?

The breeder does not know that I have the paper work from her vet stating the positive shunt. I wanted to ask around and see if I have course of action before the next steps. The e-mails are dated before us receiving Dolce while the vet's paper work , also dated, say otherwise .

It fustrates me thinking that someone claiming to love and be a reputable breeder could do this. Is there a chance that'd I have to give Dolce back? If that could be an end result I don't want to persue this. But if I can just get either Shunt surgery refund or at least 150% of Dolce's cost back without having to give her up, I'd want to persue.

DolcesMom · 01-17-2008, 10:45 AM

Quote:

Originally Posted by lisatodd

it can be very possible that she did have it checked and it was neg.

Nope, the results clearly state that she was positive. I tried gving her the benifit of the doubt back in June when Dolce was diagnosed by my vet but when I recently got the paper work from her vet saying Dolce was positive, I feel like an idiot for believing her.

DolcesMom · 01-17-2008, 10:49 AM

Quote:

Originally Posted by DolcesMom

The e-mails are dated before us receiving Dolce while the vet's paper work , also dated, say otherwise .

I ment to say that both the e-mails and results are date prior to us recieving her. Sorry, still eatly in the morn for me.

bchgirl · 01-17-2008, 10:49 AM

Quote:

Originally Posted by DolcesMom

Thanks everyone for all the feedback! Has anyone ever been in this situation?

The breeder does not know that I have the paper work from her vet stating the positive shunt. I wanted to ask around and see if I have course of action before the next steps. The e-mails are dated before us receiving Dolce while the vet's paper work , also dated, say otherwise .

It fustrates me thinking that someone claiming to love and be a reputable breeder could do this. Is there a chance that'd I have to give Dolce back? If that could be an end result I don't want to persue this. But if I can just get either Shunt surgery refund or at least 150% of Dolce's cost back without having to give her up, I'd want to persue.

Ok saw that your vet has made the same diagnosis...

bchgirl · 01-17-2008, 10:55 AM

First off what is specified in regards to genetic issues in your contract? Some breeders offer to replace your puppy with another after you relinquish the first. Some will refund the cost or partial of the puppy but won't be held liable for additional vet expenses.

After reviewing that information, I would contact the breeder and let her know your vet's diagnosis. I would not share that I have the paperwork from her vet at this time. I would wait and see how she would like to resolve the issue if it's covered by the contract.

That being said...if I thought she was not receptive to working something out...then I would contact an attorney.

Ladymom · 01-17-2008, 10:57 AM

Quote:

Originally Posted by DolcesMom

Thanks everyone for all the feedback! Has anyone ever been in this situation?

The breeder does not know that I have the paper work from her vet stating the positive shunt. I wanted to ask around and see if I have course of action before the next steps. The e-mails are dated before us receiving Dolce while the vet's paper work , also dated, say otherwise .

It fustrates me thinking that someone claiming to love and be a reputable breeder could do this. Is there a chance that'd I have to give Dolce back? If that could be an end result I don't want to persue this. But if I can just get either Shunt surgery refund or at least 150% of Dolce's cost back without having to give her up, I'd want to persue.

You're in California, right? You are lucky. You have really tough puppy lemon laws there. Your law protects you from hereditary defects for a year.

To answer your question, no, you won't have to give Dolce back. The breeder is required to cover his vet expenses up to 1&1/2 times his purchase price if you decide to keep him:

If the dog is proven to be ill or to have hereditary defects, the buyer is entitled to a replacement plus reimbursement for veterinary expenses related to certifying the dog's illness, up to the price of the dog including sales tax.

The buyer may also choose a refund plus reimbursement for veterinary expenses related to certifying the dog's illness, up to the price of the dog.

If the buyer elects to have the dog treated, the seller is required to cover up to 1 1/2 times the purchase price of the dog in veterinary expenses.

http://www.consumeraffairs.com/pets/lemon_ca.html

Breny · 01-17-2008, 11:03 AM

Quote:

Originally Posted by DolcesMom

Nope, the results clearly state that she was positive. I tried gving her the benifit of the doubt back in June when Dolce was diagnosed by my vet but when I recently got the paper work from her vet saying Dolce was positive, I feel like an idiot for believing her.

Wow! Why would she sell a ill pup? I can't even imagine! I'm so sorry for you!!!

01-16-2008, 08:00 PM	#1
DolcesMom Yorkie Talker Join Date: Feb 2007 Location: Ladera Ranch Posts: 23	Irresponsible breeder????? Hi all! Some of you may know that my Dolce was diagnosed with a liver shunt a last year. At the time the breeder had said she had had a bile acid test for the shunt prior to us recieving her and that everything was "good and healthy". As it turns out Dolce was not "good and healthy" and she sold us her under false pretenses. I have documentation from her vet stating that Dolce did have a liver shunts. Is there anything I can do? I tried reading the puppy lemon law but it doesn't make sense to me. Is there any way I can go after the breeder to reimburse us for the cost of the shunt? Any info would help, thank you.

01-17-2008, 05:15 AM	#5
lisatodd Little Boogers Donating Member Join Date: Feb 2006 Location: virginia beach, va Posts: 4,460	it can be very possible that she did have it checked and it was neg. i have seen here that sometimes it takes more than one testing to determine if it is truely liver shunt. sometimes test come out undetermined and futher testing is needed. i am so sorry you have to go through this. i hope everything works out for you __________________ lisa lisa and the cult jam yorkies

01-17-2008, 06:53 AM	#7
domesticated08 Lovin' every minute Donating Member Join Date: Aug 2007 Location: Wisconsin Posts: 1,132	Well, that totally SUCKS!! I'd talk to an lawyer, there definitely is a lawsuit here!! __________________ GUS IS IN OUR "One of the mysteries of life is that occasionally some piece of it will be perfectly understandable."

01-17-2008, 10:55 AM	#13
bchgirl Donating YT 10K Club Member Join Date: Apr 2005 Location: at da beach Posts: 11,001	First off what is specified in regards to genetic issues in your contract? Some breeders offer to replace your puppy with another after you relinquish the first. Some will refund the cost or partial of the puppy but won't be held liable for additional vet expenses. After reviewing that information, I would contact the breeder and let her know your vet's diagnosis. I would not share that I have the paperwork from her vet at this time. I would wait and see how she would like to resolve the issue if it's covered by the contract. That being said...if I thought she was not receptive to working something out...then I would contact an attorney. __________________ Deb, Ramsey, Reese, Reggie & Trace who watches over us Ramsey 's Bailey

01-16-2008, 09:40 PM	#2
Rosey07 No Longer a Member Join Date: Nov 2007 Location: way down South Posts: 860	Wow I hate that for you and they knew about it is what gets me!! I hope you can do something!

01-16-2008, 10:54 PM	#4
DolcesMom Yorkie Talker Join Date: Feb 2007 Location: Ladera Ranch Posts: 23	I do have a contract but can i still take her to court if she lied? I have e-mails saying that Dolce was negative for the shunt. But her paper work from the breeder's vet says that she was positive for it.

01-17-2008, 10:35 AM	#9
DolcesMom Yorkie Talker Join Date: Feb 2007 Location: Ladera Ranch Posts: 23	Thanks everyone for all the feedback! Has anyone ever been in this situation? The breeder does not know that I have the paper work from her vet stating the positive shunt. I wanted to ask around and see if I have course of action before the next steps. The e-mails are dated before us receiving Dolce while the vet's paper work , also dated, say otherwise . It fustrates me thinking that someone claiming to love and be a reputable breeder could do this. Is there a chance that'd I have to give Dolce back? If that could be an end result I don't want to persue this. But if I can just get either Shunt surgery refund or at least 150% of Dolce's cost back without having to give her up, I'd want to persue.