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Originally Posted by luvdorkyyorkies 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. |
IMO The LP alone is proof enough that it was not a healthy puppy. The lady knew it had LP and knew it had two sets of teeth and should not have sold a dog in that condition. It sounds like the LP was really severe, therefore the puppy may have had to be put down anyway. A dog with LP is not a healthy dog, and the woman tried to make her believe that LP was normal. That was a flat out lie and does not look good for her side. Judges do not lie lies and misrepresentation.
As for asking for a replacement! A good bargaining tactic is never to put all of your cards on the table. Let the woman make that offer. It doesn't have to be all cut and dried with one offer. The other side does not know how a judge might decide either so it is to their benefit to try to come to a compromise.
But hell for $500 plus $300 in shipping she can get a puppy somewhere else. My breeder is from SD and I only paid $850. So IMO she has nothing to lose, but the other woman does.
Does that make sense?