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Originally Posted by jml  In July, we put a $500.00 deposit down for one pup for my mom, due to go home in October. My sister was going to fly from Orlando to Baltimore Airport to pick up the 10 wk old pup. In the meantime, my sister decided she also wanted a pup. So, total for 2 pups was $4 grand. Paid before she arrived in Baltimore on 10/11/08.
Saturday, 10/11 the 2 pups, both female arrived in Orlando with my sister. All seemed fine. By Tues. am my sister's pup, Laci, (formerly Pricilla) was going in circles, breathing funny and seizing. My sister took her to the vet immed. and after 9 more seizures she was admitted to the emerg. hospital. The blood work indicated bacterial infection, source unknown. She was sedated, given phenobarbital and antibiotics IV. She remained in hospital for 2 days. She was on the antibiotics for a week. She is still on the pheno, being weaned via weight gain.
At that time, she weighed 1 pd. 4 oz. I have photos of her from the web-site and after the hospital stay.
She now weighs 2.4 pds.
During the ordeal we were in contact with the breeder via email. For every 5 emails we sent we rec. one reply maybe. We said we wanted to return the puppy on Sat. 10/15 and exchange it for a healthy one. They said they WOULD NOT meet us at the airport and insisted the illness started after the pup arrived in Orlando.
The Vet bills totalled $1,200.00. We have statements from the doctor that the incubation started prior to leaving Baltimore. They were concerned about liver shunt and ensephalitis. However, the infection has since cleared.
We put a dispute on our credit card and the breeder countered by saying "they signed an agreement that states in order to get a refund the pup had to be returned within 7 days and it was not". I explained that we tried to return the pup but the breeder refused to accept it. The credit card company sided with the breeder.
The breeder Teresa Voqui and her husband? John Neely, MD? have totally ignored us since 10/14/08. Needless to say, we will not allow this to end with our being out the money and being stuck with a sick pup.
My mom's pup seemed fine, until a skin rash showed up this week. Here we go again.
Apparently, after searching the net Teresa Vogui was also located in Sacramento CA and had a lot of problems with buyers there as well.
So, we told them if the money was not refunded by this evening we will file a fraud complaint against them, both internet and intrastate for shipping sick animals over State lines.
The worst part - my sister wanted the pup for company because she had just gone through a divorce and her home was forclosed on in this economic mess. She no more had the extra $1200.00 than anyone else would, she had to borrow the initial puppy purchase money to begin with. |
THIS IS AN COPY OF YOUR BREEDERS' CONTRACT Please take the puppy to a veterinarian for a check-up within 48 hrs. If the vet finds the puppy unhealthy during the 48 hr period, it may be returned for a replacement puppy when one becomes available. Puppy must be returned within the 48 hr period w/written statements from 2 licensed veterinarians stating the reason(s) the puppy is unhealthy. The puppy must be returned alive & uninjured for a replacement. Our vet has the right to check puppy to verify the existing health problem(s). If a problem truly exists and buyer chooses NOT to return the puppy, buyer will be responsible for all current & future vet bills incurred. _____ (initials) If the puppy was shipped, it must be shipped back within seven (7) days of the diagnosis. Buyer must pay for ALL shipping costs. _____ (initials)
No cash refunds will be given. If a condition exists and puppy is returned, a replacement puppy will be given when one becomes available. The puppy will be replaced for the same sex & quality, and buyer assumes all shipping costs (airfare, crate, health certificate, etc.). The puppy is guaranteed for one (1) year against life-threatening congenital problems. No guarantee is made on the size, color, disposition, conformation, show quality, or breeding capability of the dog. All dogs are sold as “pet” only, not for breeding purposes. I, the buyer, agree to have the puppy neutered/spayed by the age of 8 mths old. (The puppy is sold with: Limited registration _____) If the puppy is re-sold, the guarantee does not apply to the new owner. Buyer will be responsible for all vet bills. _____ (initials)
Although the puppy is vaccinated against parvo, distemper, adenovirus, parainfluenza and bordetella, no guarantee is given against these diseases due to their unpredictable nature. No guarantee is given against hypoglycemia, hernias, or retained baby teeth.
A deposit of $500 is required to hold a puppy and the balance must be paid in full by the time the puppy is 7 wks old. All deposits are NON-refundable. _____ (initials) If for some reason buyer is unable to pay the balance, the deposit can be applied to a future litter.
This written agreement is the entire agreement between buyer and seller concerning the health of the puppy purchased. I, the buyer, have read these limited warranties (including the general terms and conditions), understand and accept all terms. All agreements and contracts are performed in MD and shall be construed according to Maryland state laws. ( I WONDER WHY SHE HAS A CONTRACT THAT IS FOR MARYLAND WHEN SHE LIVES IN FLORDIA?????)
QUESTION #1: DID YOUR SISTER TAKE HER PUPPY TO THE VET WITH IN 48HRS OF GETTING HER DOG?? if the answer is yes....your still in good shape...and you havent breached the contract
QUESTION #2 : You said you had a statment from your vet that the illness it had did in fact occur before the puppy left Florida? So you have proof that the puppy was sick before hand....having 3 vets look at the puppy is alittle extreme especially when one of them needs to be her vet...its like she is making it as hard as humanly possible to return the dog even if she was an honest breeder.
Question #3: You said she refused to take the puppy back only after 4 days...sounds like she breached her own contract. If you can prove she breached her own contract...she should be responsible for a refund and to pay the vet bills...because her contract with be void...and nothing writen on that contract will mean anything.
KEEP ALL OF YOUR EMAILS AND REPLYS FROM HER...PRINT THEM OFF CAUSE YOU WILL NEED THEM FOR COURT...GET A COPY OF HER CONTRACT AND MAKE SURE IT IS THE SAME AS THE ONE AS YOUR SISTER SIGNED AND MAKE SURE THAT IT WAS FOLLOWED . GOOD LUCK!