Please Help...Can I Sue?

[Wolftrap]

Hello

You guys have helped me in the past and I'm hoping that you are able to help me again. I purchased my yorkie in December of 2005 from a supposedly reputable breeder. All her dogs were supposedly AKC certified and blah blah blah....So my dog is now 3 yrs old and all I have had from her is problems. Let me list the problems

1. She has an underbite
2. She is what I learned on here a "red legged" yorkie meaning her hair does not grow
3. She has very long legs and huge ears I call them bat wings. (thought they were cute until I saw what a yorkie is supposed to look like)
4. She was born with a hernia which I found out 2 yrs after having her and had to have it surgically removed which cost me a lot of money.
5. She tore her right ACL which I thought was from a fall but the specialist said she was actually born with weak muscles and a luxating patella. That it would have torn whether she fell or not. I had to have surger on it that cost me 3k
5. Now her left acl is torn which will cost me another 3k.

I love my dog but seriously I can't afford her and I feel like this is not what I purchased. I am waiting to see what happens next. Evidently I purchased a "lemon" Are there any laws or anything against bad breeders? Can I sue this woman for some type of false advertisement or half of all these medical bills. I'm SO frustrated right now I am really considering giving up my dog. There is no way I can shell out another 3k for her. Her ACL will have to remain torn. I have no other options. I only can get rid of her or have her limp for the rest of her life. Neither option is good. But my hands are tied. Are there any ramifications that this bad breeder can face? If so I am seriously trying to sue her. Her webiste is Terry's Two By Two PLEASE do not purchase a dog from her.

[CharBar]

I'm not a laywer or anything, but I did take a few classes and I think you don't really have grounds for a case unless you have physical evidence that she misrepresented what she sold you... for example you would need a written guarantee that her puppies come with a two year health guarantee that she refuses to honor or something like that. Or prove that she blatantly said one factual thing which can be proven wrong. Like if she said she is selling you a AKC purebred yorkshire terrier and she gave you false AKC documents and instead of a yorkie, you got a mini schnauzer or something like that.

Also- another thing is Caveat Emptor which means "buyer beware." Usually the buyer is equally responsible for doing research on the product or breeder before purchasing... so sorry to break the bad news to you!!! I would love your little one as much as you can... If you can't afford to keep her then maybe give her to a family or rescue that can better provide for her.

[bchgirl]

The puppy lemon law in New York is only valid 14 days after you purchase puppy. This law actually applies to breeders in New York state.

If you don't have her leg repaired...it will be worse than just a limp. Arthritis sets in and 3 is awfully young to have pain from arthritis.

I'm a little saddened to see her called a lemon.

[mscat]

Originally Posted by bchgirl

The puppy lemon law in New York is only valid 14 days after you purchase puppy. This law actually applies to breeders in New York state.

If you don't have her leg repaired...it will be worse than just a limp. Arthritis sets in and 3 is awfully young to have pain from arthritis.

I'm a little saddened to see her called a lemon.

Yes, me too Animals are not cars. It is not their fault they have health problems. I understand that you are frustrated with the large sum of money to try and keep your baby healthy. However, it does sometimes happen. Your dog is a living animal, and certainly does not like the pain it is in. Iti s hard to prove if all of the health issues are related to geneitcs. I highly doubt the breeder did not suspect one of her puppies would have so many health issues.

[RachelGenson]

I checked out the website and this lady has way too many different kinds of breeds! Im sorry that you litte one has so many problems, I hope that there is a way that something can be done.

[Judy in Waco]

I understand that you're frustrated and upset. I would be too. You obviously love your yorkie or you wouldn't have done everything you have up to this point. First, I would get a second opinion. Also, I didn't see what state you are in, but some states have lower costs. It might be cheaper to travel for the surgery if necessary.

If all else fails, rather than let her injury remain untreated, you might consider surrendering her to a good yorkie rescue.

I know this is heartbreaking for you and I can feel your anger. I know it's directed at your breeder and not your furbaby, but I can see how your post could have been misread.

Take care and stay around. You can find a lot of information and support here.

[ellashae]

So sorry to hear that you're having so many problems! When I first got my Yorkie, I had a couple of health issues too.

I used to take my Yorkie to a private vet hospital with highly recommended vets. After about a month of continuous vomiting, and literally thousands of dollars worth of tests, the vet told me that my Yorkie had liver shunt and would need a $5000 surgery to correct it. I knew I couldn't afford the surgery, went home and cried my eyes out.

The next day, I went to the MSPCA hospital and asked for a second opinion. I told them upfront that I could not afford more than a $100 visit. Not only did the visit only cost me $30, but the vet told me that she wanted to try simple things before we started running up a huge tab for tests, lab work, etc. She gave me $10 worth of deworming meds and my Yorkie has been fine ever since. Although I didn't need it, the vet also told me that if she had needed surgery, there are "Pet Credit Cards" now that allow you to go on a payment plan for pricey procedures. Maybe this is something worth looking into for someone in your position? Also, GET A SECOND OPINION! Look for state-run or discount clinics. I know that there are sliding-fee animal clinics out there.

I know it won't change the fact that your dog needs surgery, but I bet there are places that can help you with the cost, or give you a reduced fee. Like the previous post says, if you are in a small area, don't disregard places that maybe are in a larger metropolis, where these types of services are provided. If I was in your shoes, I'd do everything I could, short of breaking the bank, to keep my Yorkie and give her the proper care she needs.

GOOD LUCK!

[Ladymom]

Unfortunately, you got your Yorkie from a puppy mill. Terry Warren is listed on the USDA "puppy mill" list under Missouri:

http://prisonersofgreed.org/ListA2006.pdf

As CharBar said, it is "buyer beware" when buying a puppy from the internet. It's always important to screen a breeder beforehand which includes checking the USDA list.

Puppy millers don't care about health testing the parents or breeding to the Yorkie standard which is why their puppies are usually pretty far from the standard and have lots of health problems. They are only interested in producing as many puppies as possible for as little money as possible.

Two years later you really don't have any legal recourse against the breeder, unfortunately. If you can't afford the surgery, there are organizations that can help. There is a stickie pinned at the top of the Sick/Injured/Emergency section with a list of resources for financial assistance.

If getting the surgery is not an option, I think you are right to consider giving her up. If you turn her over to a Yorkie rescue, they can help her get the surgery and find her a wonderful new home.

[YorkieRose]

What does the contract state...did she tell you before the sale that the puppy had a bad bite, hernia etc? If you had a well puppy check when you got the puppy, your vet should have found the bite and hernia...if they had not shown up yet, then the breeder could not know either...so I don't know if you can be compensated, they are not life threathening genetic conditions..usually not covered in a guarantee.

This is difficult because you do not feel you got what you wanted, but did you ask for a proper coat, small ears, short legs...it is a matter of quality and unless you have a contract stating you bought a pup of a certain quality and it turned out not to be, then you no doubt can not win a case.

The breeder could no doubt find just as many vets to say your puppies medical problems could be from jumping off furniture, bouncing off and on thebd..tough call. I wish you good luck....and it is not fair to you, but it has been too long I would think..

[ellashae]

Originally Posted by Ladymom

Unfortunately, you got your Yorkie from a puppy mill. Terry Warren is listed on the USDA "puppy mill" list under Missouri:

http://prisonersofgreed.org/ListA2006.pdf

As CharBar said, it is "buyer beware" when buying a puppy from the internet. It's always important to screen a breeder beforehand which includes checking the USDA list.

Puppy millers don't care about health testing the parents or breeding to the Yorkie standard which is why their puppies are usually pretty far from the standard and have lots of health problems. They are only interested in producing as many puppies as possible for as little money as possible.

Two years later you really don't have any legal recourse against the breeder, unfortunately. If you can't afford the surgery, there are organizations that can help. There is a stickie pinned at the top of the Sick/Injured/Emergency section with a list of resources for financial assistance.

If getting the surgery is not an option, I think you are right to consider giving her up. If you turn her over to a Yorkie rescue, they can help her get the surgery and find her a wonderful new home.

I'm confused. This list is identified as "liscensed by the USDA as breeders." Doesn't that mean that they are following the laws set forth by the USDA? Thus, non-puppy mill breeders? I don't mean to sound stupid, but I'm genuinely confused. Explain??

[bchgirl]

Originally Posted by ellashae

I'm confused. This list is identified as "liscensed by the USDA as breeders." Doesn't that mean that they are following the laws set forth by the USDA? Thus, non-puppy mill breeders? I don't mean to sound stupid, but I'm genuinely confused. Explain??

Commercial breeders are licensed through USDA and they supply puppies to pet stores...along with some private sales.

[Nancy1999]

Originally Posted by ellashae

I'm confused. This list is identified as "liscensed by the USDA as breeders." Doesn't that mean that they are following the laws set forth by the USDA? Thus, non-puppy mill breeders? I don't mean to sound stupid, but I'm genuinely confused. Explain??

The USDA is the department of agriculture and covers rules concerning livestock. Any breeder that is licensed with them is a very large-scale breeder and must follow minimum requirements as set forth regarding the conditions of livestock. This is the very essence of a puppy mill breeder. I would never buy a dog from a breeder who was USDA liscensed.

[C C Kent]

Originally Posted by Nancy1999

The USDA is the department of agriculture and covers rules concerning livestock. Any breeder that is licensed with them is a very large-scale breeder and must follow minimum requirements as set forth regarding the conditions of livestock. This is the very essence of a puppy mill breeder. I would never buy a dog from a breeder who was USDA liscensed.

In our state you have to register with USDA if you are going to sell to brokers or to pet stores, regardless of how many breeders you have or litters you produce per year.

USDA does do random inspection but it's centered around the housing and treatment of the animals. A USDA inspector doesn't know anything about breeding for type or health or overall quality. You can be breeding dogs that won't see five years of age and they can't do anything about it as long as they are housed and cared for by USDA guidelines.

I feel for the OP because as you state you thought the ears were cute until you found out what they were supposed to look like. It's not uncommon to have purchased a puppy not knowing whether it was a quality puppy or not.

[Nancy1999]

Originally Posted by C C Kent

In our state you have to register with USDA if you are going to sell to brokers or to pet stores, regardless of how many breeders you have or litters you produce per year.

USDA does do random inspection but it's centered around the housing and treatment of the animals. A USDA inspector doesn't know anything about breeding for type or health or overall quality. You can be breeding dogs that won't see five years of age and they can't do anything about it as long as they are housed and cared for by USDA guidelines.

I feel for the OP because as you state you thought the ears were cute until you found out what they were supposed to look like. It's not uncommon to have purchased a puppy not knowing whether it was a quality puppy or not.

Oh, I wasn't commenting on the OP's choice. I was just answering the question presented. If it wasn't for YorkieTalk I wouldn't have had a clue on what to look for in breeders, this is just not something most people discuss. I use to think anyone could breed anything as long as the two dogs "seemed" healthy. Sometimes a bad experience helps you become an advocate for good breeding. Many of the members here got their first dogs from Pet Stores and poor breeders, but we have now learned what to look for when choosing a good breeder, and hopefully can help others. To me, it's not so much about what the dog looks like, for example, if his ears are pointed or not, it's about supporting breeders who truly believe in bettering the breed.

[DukesMommy]

I'm sorry about the problems you have faced, but I agree with the person who said it's a buyer beware situation. She is now 3 years old, and I think that since it has been so long you are not going to have a strong case against this person. If you have some hardcore proof that the breeder may have told you the dog was in good health then I would say maybe you have a chance at, at least getting the money back for the vet expenses...Otherwise, unfortunately buying a dog is just one of those things where you have to do your research and know who you are buying from.