I would have asked her to send me a puppy free of charge.
If you had proof of the fault being hers I would definitely ask for a refund. unfortunately after having her two months with no proof of the cause of death I would think a judge would find it very difficult to find her guilty of selling you a sick dog. Its very possible she died of a bacterial or viral infection that could have been contacted after having her. I find the vet very deliquent in the treatment of the puppy also. Especially for not testing her to find a cause of death for you for proof.
I think the breeder definitely knew about her LP, she didnt tell you and that was wrong. But if there isnt a written contract with a clause in it guaranteeing against that condition, I really dont know if anything can be done about it.
I feel so bad for you and my heart goes out to you. Im no attorney, I could be entirely wrong but you would have to prove fault I would think for a judge to find in favor of a refund.. I think before pursuing the expense of taking her to court I would talk to an attorney for a free consultation.
Maybe you will get lucky and she will refund your money but most likely she wont.
I could understand you not wanting a puppy from her but I really believe that will be her best offer. I would of however asked for the puppy shipped free with no cost to you. It certainly would be worth a shot. THis would be the kind thing to do. I think she will fight the refund because of how long you had the baby before she died.
This is just another spin on the situation to think about. I may be the only person who sees this side of it. But proof is very important.
Wishing you all the luck in the world. |