How Do I Fight A Breeder?

[Ines3185lyorkie]

BREEDERS PLEASE HELP ME!!

I live in Florida and I am fighting a breeder on a yorkie I bought from them with a congenital birth defect. After numerous doctor bills, treatment bills, surgery bills from specialists, there was nothing that could be done to save her and we had to put her to sleep. She was only 1 year and month old. I came to an understanding with the breeder that the puppy would be replaced, now the breeder is giving me the run around as to when I and how I can get the puppy. One of the excuses was that a puppy I e-mailed him about shown on their website belonged to his daughter's liter of dogs and he couldn't give her to me. In the contract it states a replacement puppy of the same type. I purchased originally a small female, at maturity she was 5 lbs, that is what I expect as a replacement.

My husband wants to take them to small claims court and I am seriously considering it. If I do, I want the following paid..SURGERY BILLS, HOSPITAL BILLS FOR MY LATE DOG and I am even going to ask for emotional distress we have been put thru. She passed on 8/23/07 and we still have not resolved tu=his matter. In court can a judge award what is not in the contract? Does anyone know what other means, goverment agencies, District Attorney office complaints can I go to? See info on them at: Seasideyorkies.com. THANKS! --please also feel free to e-mail me at gimcm3185@aol.com

[fannie]

I doubt that a judge will allow anything that is not in a contract. Also, I can understand how the breeder can not give you a specific puppy if it is not from one of their own litters. Have you asked when they are expecting another litter?

[fannie]

I just looked at their website and I'm never impressed when the first thing I see is a big ol' Visa sign. Plus, they have very steep prices for CKC dogs. And yikes... their health guarantee seems to be written because they've had this sort of problem before. I'll bold the areas that I see that will be problematic for you in court.

Purchaser: the purchaser agrees to never sell said dog or give said dog to any Pet Shop, Pet farm or similar institution. SELLER: the seller assumes no responsibility for this puppy after leaving the premises i.e.: medical expenses, landlord's disapproval, allergy to animals, disagreement of family, or for any other reason, other than stated. Purchaser is responsible for all shipping cost in the event the puppy is to be returned. Purchaser is responsible to give proof by autopsy required if death occurs within 1 year. I hereby certify that an accredited Veterinarian has inspected the said puppy and it is found to be healthy and sound and that is not showing signs of infectious, contagious and/or communicable diseases. All puppies receive their first and second and third set of shots from seller. To the best of my knowledge the animal in question meets all state Health requirements, and is free of any Life threatening genetic defects or conditions. I strongly suggest taking your new puppy to your Veterinarian of choice for an initial puppy examination. Seller is not responsible for hypoglaucemia as this is a maintenance problem and should not occur if proper care is taken. The breeder is not responsible for any vet bills or any other bill regarding this pup nor is seller responsible for damages, physical or emotional to the buyer's self or possessions and likewise to other individuals. The breeder is not obligated to replace a puppy whose problem is a result of its new environment. Any replacement is subject to availability of same size and quality.. In the rare event surgery is required due to hereditary conditions Puppy must be examined by our Veterinarian and the procedure if deemed necessary performed by our Veterinarian as well. Your breeder is always willing to give advice and help in any reasonable way in that the welfare of the puppy is of primary concern. A registration certificate will be provided with completion of the transaction or as soon as possible thereafter. All puppies have been raised on Royal Canin Mini Puppy 33 ( specifically for Yorkshire Terriers) and given Nu Vet Plus dietary supplements. By signing this contract anyone purchasing a Toy, or Teacup puppy waives their right to return said puppy for any defect that occurs due to size or conformation of puppy. There are no other representations or warranties other than those expressed here in. This is a disclaimer. Because of the variety and quality of dog foods available {and all canine illness are NOT covered vaccination} , we require that all Seaside Yorkies must be kept on "Nu Vet Plus" canine supplements. This nutritional supplement is only available through breeder or veterinarian recommendation. You will be instructed concerning this when you leave our kennel. The order line is 1--800-474-7044. Your order code is 42256. This health guarantee will be considered null and void if you do not keep your pet on this supplement. Nu Vet Labs sends us monthly reports on which puppies from SeaSide Yorkies are being supplemented with Nu Vet Plus Canine.

Also, it says on the first page that they are all fed Eukanuba Puppy... then the health guarantee says they are fed Royal Canin. Unfortunately, like I said before, I think they've been through this before.

[dbeach]

I agree with the previous poster...you probably will not get anything more than the contract states. You can probably expect, if not another puppy the same as you purchased, the actual purchase price refunded.

I have just placed four pups myself, with AKC paperwork and contracts. If any of my pups were to have congenital defects, I would gladly accept the puppy back within the first year and then refund them the purchase price. If they decided to keep the pup and pay for medical expenses, etc., I would also refund them the purchase price (I am not sure if I am breeding my female again any time soon).

[Ines3185lyorkie]

Originally Posted by fannie

I doubt that a judge will allow anything that is not in a contract. Also, I can understand how the breeder can not give you a specific puppy if it is not from one of their own litters. Have you asked when they are expecting another litter?

Yes, I was told he would a "teacup" available by Oct.4th. The website where the puppy I saw was listed was in "their" website. The same website where I purchased my last pup from. There is no mention of having litters from other breeders. In their website: www.seasideyorkies.com, they mention on the bottom to check out their daughter's own website- "La Petite Maltese"-- not yorkies. I had someone inquire by e-mail about the puppy I wanted and he the owner of Seaside gave her info and selling price on that puppy. He signed the e-mail, not his daughter. Should I bring this to his attention! He was caught in the act.

[Ines3185lyorkie]

Originally Posted by fannie

I just looked at their website and I'm never impressed when the first thing I see is a big ol' Visa sign. Plus, they have very steep prices for CKC dogs. And yikes... their health guarantee seems to be written because they've had this sort of problem before. I'll bold the areas that I see that will be problematic for you in court.

Purchaser: the purchaser agrees to never sell said dog or give said dog to any Pet Shop, Pet farm or similar institution. SELLER: the seller assumes no responsibility for this puppy after leaving the premises i.e.: medical expenses, landlord's disapproval, allergy to animals, disagreement of family, or for any other reason, other than stated. Purchaser is responsible for all shipping cost in the event the puppy is to be returned. Purchaser is responsible to give proof by autopsy required if death occurs within 1 year. I hereby certify that an accredited Veterinarian has inspected the said puppy and it is found to be healthy and sound and that is not showing signs of infectious, contagious and/or communicable diseases. All puppies receive their first and second and third set of shots from seller. To the best of my knowledge the animal in question meets all state Health requirements, and is free of any Life threatening genetic defects or conditions. I strongly suggest taking your new puppy to your Veterinarian of choice for an initial puppy examination. Seller is not responsible for hypoglaucemia as this is a maintenance problem and should not occur if proper care is taken. The breeder is not responsible for any vet bills or any other bill regarding this pup nor is seller responsible for damages, physical or emotional to the buyer's self or possessions and likewise to other individuals. The breeder is not obligated to replace a puppy whose problem is a result of its new environment. Any replacement is subject to availability of same size and quality.. In the rare event surgery is required due to hereditary conditions Puppy must be examined by our Veterinarian and the procedure if deemed necessary performed by our Veterinarian as well. Your breeder is always willing to give advice and help in any reasonable way in that the welfare of the puppy is of primary concern. A registration certificate will be provided with completion of the transaction or as soon as possible thereafter. All puppies have been raised on Royal Canin Mini Puppy 33 ( specifically for Yorkshire Terriers) and given Nu Vet Plus dietary supplements. By signing this contract anyone purchasing a Toy, or Teacup puppy waives their right to return said puppy for any defect that occurs due to size or conformation of puppy. There are no other representations or warranties other than those expressed here in. This is a disclaimer. Because of the variety and quality of dog foods available {and all canine illness are NOT covered vaccination} , we require that all Seaside Yorkies must be kept on "Nu Vet Plus" canine supplements. This nutritional supplement is only available through breeder or veterinarian recommendation. You will be instructed concerning this when you leave our kennel. The order line is 1--800-474-7044. Your order code is 42256. This health guarantee will be considered null and void if you do not keep your pet on this supplement. Nu Vet Labs sends us monthly reports on which puppies from SeaSide Yorkies are being supplemented with Nu Vet Plus Canine.

Also, it says on the first page that they are all fed Eukanuba Puppy... then the health guarantee says they are fed Royal Canin. Unfortunately, like I said before, I think they've been through this before.

Yes, unfortunately, I have not heard good things about them AFTER purchasing my puppy. Had I been on Yorkie Talk, I would have had a wealth of info. I knew I didn't want to purchase a puppy from a store and newspaper listings sometimes they have no health guarantee. Silly me, I thought a "breeder" would be reputable. I better get off the Disney merry-go-round.

Thanks for looking for me.

Take care

[fannie]

I'm just going to give you my honest opinion, and I sincerely do not mean to hurt your feelings! I really don't feel that he should have to give you a puppy out of his daughter's litter. He's probably just selling them for her. I would do the same for one of my own children. However, I DO think that he should be upfront on his website and advertise them as her litter, not his. There really isn't anything "illegal" with doing that.

I promise that I'm not taking his side! I'm just trying to see both sides of things. I do believe that he owes you a puppy, and by all means you should get it. There's just got to be a way that you can send him some sort of document with the right wording to basically scare him enough that he will make things good on his end. Did you keep the puppy on those vitamin supplements? (which, btw, I think is absolutely rediculous!)

[Ines3185lyorkie]

Originally Posted by fannie

I'm just going to give you my honest opinion, and I sincerely do not mean to hurt your feelings! I really don't feel that he should have to give you a puppy out of his daughter's litter. He's probably just selling them for her. I would do the same for one of my own children. However, I DO think that he should be upfront on his website and advertise them as her litter, not his. There really isn't anything "illegal" with doing that.

I promise that I'm not taking his side! I'm just trying to see both sides of things. I do believe that he owes you a puppy, and by all means you should get it. There's just got to be a way that you can send him some sort of document with the right wording to basically scare him enough that he will make things good on his end. Did you keep the puppy on those vitamin supplements? (which, btw, I think is absolutely rediculous!)

I TOTALLY agree with you. We see things the same way. If it is indeed his "daughters" litter, then he should say so. There is nothing illegal in selling them under his name. I feel though that he is lying and trying to give me the puppy that would go for less, not the replacement of my puppy. When someone I know inquired about that puppy, he gave the info, price and gave his name on the response. If it was his daughter's, shouldn't she have signed the e-mail. It gives me the impression that he is being dishonest and choosing what puppy he will give as a replacement. They have litters all year around?/ seem strange? No, about the supplement, I asked my pup's vet and he said she didn't need that supplement. Did you notice that they require the dog to be on that supplement and try to use it as a way not to pay or replace if pup not on the supplement. They are probably getting a big kickback from the company.

[Yorkiekids]

I hope you can atleast recoup the money you spent by purchasing the pup. I'd report it to the Better Business Bureau.

[Ines3185lyorkie]

Originally Posted by Yorkiekids

I hope you can atleast recoup the money you spent by purchasing the pup. I'd report it to the Better Business Bureau.

I did the Better Business Bureau in Florida. Thinking that they may pressure them into an arbitration. Guess what after 30 days, if they (the breeder) does not return their mail or calls they close the case. The complaint will stay in the breeders record for 3 years unless I contact them and tell them if we have a resolution. But they do nothing else...So much for that agency!

[MorkieAZ]

I'm really sorry you lost your puppy and are going through this. But it seems to me that you are bound by the contract and I really doubt a judge would award you anything more than a replacement puppy. I know it is sad but when you signed the document you agreed to pay all the medical bills on your pup. Do you really want another one of his puppies? You could be going through this all over again. You could cut your loses and go to a better breeder. Sorry, the contract looks pretty cut and dry.

[myjordash]

I live in Florida, I got ripped off 3 yrs ago, by Dixie Pups. I have sued, taken to Small Claims Court, won, and haven't received a penny. It is a pointless fight...I have invested MORE money in trying to recover the original $$ and I am now out double the $$ plus the vet and attorney fees. I will pm you...

[myjordash]

http://www.flanimalindustry.com/main/pet_main.shtml

Here is the site to the Puppy Lemon Law. Even if it is not in the contract, these laws supercede ANY contract on animals sold in Florida. Again let me know if I can help you any further.

[Susan123]

Originally Posted by myjordash

http://www.flanimalindustry.com/main/pet_main.shtml

Here is the site to the Puppy Lemon Law. Even if it is not in the contract, these laws supercede ANY contract on animals sold in Florida. Again let me know if I can help you any further.

Yes, Florida's Pet Lemon Law. Dept. of Agriculture

[lisatodd]

if you go to the search box above, i think you will find where other people who have also had problems with their puppies from the same breeder.