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Originally Posted by Rhetts_mama  Sorry to hear about the pups. It's always sad when they can't be saved.
I'm going to be a wet blanket here, but you say you have been a respected breeder for 17 years, yet you knowingly purchased from someone who does not do genetic testing. That doesn't make a lot of sense to me.
As for whether you will win in court or not, that depends on your contract. You would have to prove she sold you a dog with known defects in it's line. Again, because you say you have been breeding for a long time, I assume this is something you would have investigated prior to purchasing. I would also have to assume that you took it upon your self to have your stud completely vetted and tested prior to using him, and therefore, there was nothing apparently wrong with him.
You are also going to have to prove that the defect came solely from the stud's line. That's going to be pretty hard to do because there are polygenic causes of PDA's.
Again, it comes down to who knew what when. If she knew there were defects in the line, then you might win. If she had no way of knowing, then you might be out the money you spent on the stud. It all comes down to what's spelled out in your contract. |
The testing was not carried out although I was told it was in process. Of course I had the stud completely vetted before using him. However, there is no test to determine a carrier of PDA . All my dogs are given liver shunt testing, patella exams etc. Both females had not produced any PDA pups before. If she knew of the genetic trait or not she sold the dog to be used as a stud. PDA is
assumed to be Polygenic. However this has not been proven yet. This does not diminish the fact that this male bred to two females from two different lines and produced PDA pups. If it is Polygenic (two sets of genes) then he would still have contributed to the PDA. Parents that produce PDA should not be used again. The contract was for a stud dog. My contention is that a good breeder would want to provided someone with a breeding dog that did not carry a life threatening genetic disorder and if it did they should be willing to replace that dog with a healthy genetic dog. It is not a matter of which party wins in court. No one wins when a breeder continues to produce dogs with a genetic disorder. My post like so many others on this site was written to help others make a more informed decision as to where they want to purchase their breeding stock from.