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mouserodri · 01-18-2009, 10:30 PM

This is the E-mail yorkieangel sent back to me when I asked him to please refund my money:

"Mauricio

1. As I previously agreed as a courtesy I would sell you a puppy at 50% off the price of the dog with no further diagnostics, spending or a report on the puppy you purchased.
2. If you wish to have a replacement puppy with 100% of the cost of the puppy covered we as a dog business are required to follow strict California health and safety law guidelines pertaining to replacing a puppy as listed below and in your contract. If you would like to take this route please have the appropriate vet type out a letter as to the details of the dog and how it pertains to the 3 paragraphs below.
3. We are required by federal law to keep credit card slips/information for 3 years so un fortunately I cannot just "give it back" to you. Your card was ran for authorization only and is still considered a transaction. In the unlikely event something where to happen all credit cards have 100% fraud protection and you are not liable for any un authorized transactions as per your credit card user agreement.

For a complete replacement puppy I need you to send me a letter signed by the Vet who tested and examined the dog. The letter needs to clearly state that the dog contracted the illness or disease that existed in the dog on or before delivery of the dog and that the puppy was unfit for sale at the time of purchase. Please see the excerpt from the California Health and Safety code below for help. This is the section of law that regulates when breeders must give a replacement and how a purchaser must request that replacement. Please send me the vet letter as prescribed below it must include all 6 items.

Section 122050.
(d) For purposes of this article, a disease, illness, or congenital or hereditary condition that adversely affects the health of the dog at the time of sale, or is likely to adversely affect the health of the dog in the future, shall be one that is apparent at the time of sale or that should have been known by the breeder from the history of veterinary treatment disclosed pursuant to this section.

Section 122070.
If a licensed veterinarian states in writing that within 15 days after the purchaser has taken physical possession of a dog following the sale by a breeder, the dog has become ill due to any illness or disease that existed in the dog on or before delivery of the dog to the purchaser, or, if within one year after the purchaser has taken physical possession of the dog after the sale by a breeder, a veterinarian licensed in this state states in writing that the dog has a congenital or hereditary condition which that adversely affects the health of the dog, or which that requires, or is likely in the future to require, hospitalization or nonelective surgical procedures, the dog shall be considered unfit for sale.

Vet Letter must include all of the 6 items below:
Section 122090.
(a) The veterinarian's statement pursuant to Section 122070 shall contain all of the following information:
(1) The purchaser's name and address.
(2) The date or dates the dog was examined.
(3) The breed and age of the dog, if known.
(4) That the veterinarian examined the dog.
(5) That the dog has or had disease, illness, or a hereditary or congenital condition, as described in Section 122050 that renders it unfit for purchase or resulted in its death.
(6) The precise findings of the examination or necropsy, including laboratory results or copies of laboratory reports.

As per your contract you agreed to a replacement puppy in the event something like this would happen. It also states we do not cover medical cost which you also signed.

Fell free to give me a call with any additional questions.

Teacup Yorkie Puppies for Sale Yorkshire Terrier Puppies for Sale Tiny Teacup Yorkies Breeder of Tea Cup Yorkie Puppy Puppies and Yorkshire Terrier Dogs For Sale California Breeders Yorkie Angel .com
707-635-6444"

As you can see, he clearly admits in his reply that what he is running is a business. I am going to take this guy to court and I am going to do everything in power to stop the meat market he is running. Anyone wants to help?

01-18-2009, 10:30 PM	#23
mouserodri YorkieTalk Newbie! Join Date: Jan 2009 Location: Folsom, California, USA Posts: 2	This is the E-mail yorkieangel sent back to me when I asked him to please refund my money: "Mauricio 1. As I previously agreed as a courtesy I would sell you a puppy at 50% off the price of the dog with no further diagnostics, spending or a report on the puppy you purchased. 2. If you wish to have a replacement puppy with 100% of the cost of the puppy covered we as a dog business are required to follow strict California health and safety law guidelines pertaining to replacing a puppy as listed below and in your contract. If you would like to take this route please have the appropriate vet type out a letter as to the details of the dog and how it pertains to the 3 paragraphs below. 3. We are required by federal law to keep credit card slips/information for 3 years so un fortunately I cannot just "give it back" to you. Your card was ran for authorization only and is still considered a transaction. In the unlikely event something where to happen all credit cards have 100% fraud protection and you are not liable for any un authorized transactions as per your credit card user agreement. For a complete replacement puppy I need you to send me a letter signed by the Vet who tested and examined the dog. The letter needs to clearly state that the dog contracted the illness or disease that existed in the dog on or before delivery of the dog and that the puppy was unfit for sale at the time of purchase. Please see the excerpt from the California Health and Safety code below for help. This is the section of law that regulates when breeders must give a replacement and how a purchaser must request that replacement. Please send me the vet letter as prescribed below it must include all 6 items. Section 122050. (d) For purposes of this article, a disease, illness, or congenital or hereditary condition that adversely affects the health of the dog at the time of sale, or is likely to adversely affect the health of the dog in the future, shall be one that is apparent at the time of sale or that should have been known by the breeder from the history of veterinary treatment disclosed pursuant to this section. Section 122070. If a licensed veterinarian states in writing that within 15 days after the purchaser has taken physical possession of a dog following the sale by a breeder, the dog has become ill due to any illness or disease that existed in the dog on or before delivery of the dog to the purchaser, or, if within one year after the purchaser has taken physical possession of the dog after the sale by a breeder, a veterinarian licensed in this state states in writing that the dog has a congenital or hereditary condition which that adversely affects the health of the dog, or which that requires, or is likely in the future to require, hospitalization or nonelective surgical procedures, the dog shall be considered unfit for sale. Vet Letter must include all of the 6 items below: Section 122090. (a) The veterinarian's statement pursuant to Section 122070 shall contain all of the following information: (1) The purchaser's name and address. (2) The date or dates the dog was examined. (3) The breed and age of the dog, if known. (4) That the veterinarian examined the dog. (5) That the dog has or had disease, illness, or a hereditary or congenital condition, as described in Section 122050 that renders it unfit for purchase or resulted in its death. (6) The precise findings of the examination or necropsy, including laboratory results or copies of laboratory reports. As per your contract you agreed to a replacement puppy in the event something like this would happen. It also states we do not cover medical cost which you also signed. Fell free to give me a call with any additional questions. Teacup Yorkie Puppies for Sale Yorkshire Terrier Puppies for Sale Tiny Teacup Yorkies Breeder of Tea Cup Yorkie Puppy Puppies and Yorkshire Terrier Dogs For Sale California Breeders Yorkie Angel .com 707-635-6444" As you can see, he clearly admits in his reply that what he is running is a business. I am going to take this guy to court and I am going to do everything in power to stop the meat market he is running. Anyone wants to help?