K9lover Judy.
I have read through all the posts regarding Max and I have also followed Sheila's past posts regarding the terribly sad loss of her last baby, and the health toll it took on her. She came to you because of your great reputation and high standing in the Yorkie world. You knew her history and health issues and that having a new ( healthy!) pet to love was so important to her health and healing.
She was so happy to have Max and was devastated when the serious eye issues were discovered, as well as the other more minor health problems. This is not what one expects from a breeder with your reputation. These issues were present when you sold her the pup and would not suddenly appear out of nowhere. I do understand that your contract is legally valid and perhaps if the circumstances were less emotional and complex here, you would have every legal right to strictly enforce the contract. However Sheila had already bonded with Max and spent considerable mental effort and funds on addressing the health issues that Max had. She would not want to give him back and risk another pup with issues. Also if you took him back, what would befall him?? Hopefully you would not put him to sleep, but then you would have to put in all the effort and funds to treat him. Would you have the time to do this with your breeding program?? You should be grateful that Sheila is prepared to care for this sick dog and relieve you of the considerable burden.
All this mental anguish is making Sheila sick again and also making it harder to care for Max, but she soldiers on as she loves Max and is an excellent pet mom.
So I beseech you on her behalf, as she is so weary of all this, to please make an exception to your contract and refund the costs of the pup and vet bills. This is a special case and you do have to accept that the contract would usually assume the dog was perfect when handed over to a new mom. Max was not! All the pain on both sides would be relieved if you would be compassionate and do the right thing. Trust me, you will only gain in stature if you do this as it is the right thing to do. Remember the law can be cruel sometimes and unfair, but this case involves the lives of Sheila and Max, two living beings! Sheila is left with a dog that will probably need constant care over its life and the least you can morally do is take away the frustration of all this and help with finances.
I want you to know that Sheila has no hand in this post, it is my decision to write this as I feel for her and her sad situation. I thank you for listening and I pray you will be able to help Sheila out and end all this on a happy note. |