Irresponsible breeder?????

[jeanief]

How did you get the vet records from her vet? Most of the time vet won't give out any info unless it's ok'd buy the seller. How dumb and evil can she be selling a pup with postive liver shut to someone? Sounds like you have a great law in CA and should have no problem getting your vet expenses covered.

[RONLYNN]

Originally Posted by Ladymom

You're in California, right? You are lucky. You have really tough puppy lemon laws there. Your law protects you from hereditary defects for a year.

To answer your question, no, you won't have to give Dolce back. The breeder is required to cover his vet expenses up to 1&1/2 times his purchase price if you decide to keep him:

If the dog is proven to be ill or to have hereditary defects, the buyer is entitled to a replacement plus reimbursement for veterinary expenses related to certifying the dog's illness, up to the price of the dog including sales tax.

The buyer may also choose a refund plus reimbursement for veterinary expenses related to certifying the dog's illness, up to the price of the dog.

If the buyer elects to have the dog treated, the seller is required to cover up to 1 1/2 times the purchase price of the dog in veterinary expenses.

http://www.consumeraffairs.com/pets/lemon_ca.html

The only problem with this is that you have to have notified the breeder within 5 days of finding out your dog had the shunt. I found out that Teddi had a shunt within a year of when I got her but then didn't contact the breeder until about 2 weeks later because Teddi was in the hospital and going to get tests etc. and I never thought about contacting them so when I finally did they said it states in the Lemon Law that you have to notify them within 5 days of finding out so they technically aren't responsible for reimburning me at all. They did say they would give me $1,000 to help with the costs but I have yet to see that.

[DolcesMom]

Originally Posted by jeanief

How did you get the vet records from her vet?

Legally her vet wasn't suppost to release the records. But my dog insurance company wanted ALL of Dolce's records to review before they approved her claim on her last surgery (yes she had another major surgery besides the liver shunt one). The breeder never returned any of my calls to get the paperwork released, so I called the vet directly and they released them anyways.

[DolcesMom]

Originally Posted by RONLYNN

The only problem with this is that you have to have notified the breeder within 5 days of finding out your dog had the shunt. .

I did notify the breeder in 5 days and she said she'd give me another puppy in addition to Dolce. But that was under the pretense that she lied about having the shunt before I bought her. Does that make sense?

And doesn't the Lemon law only apply to pet stores/ breeders who sell over a certain amount a year? I don't know if the breeder meets that requirement

[Ladymom]

Originally Posted by DolcesMom

I did notify the breeder in 5 days and she said she'd give me another puppy in addition to Dolce. But that was under the pretense that she lied about having the shunt before I bought her. Does that make sense?

And doesn't the Lemon law only apply to pet stores/ breeders who sell over a certain amount a year? I don't know if the breeder meets that requirement

It applies to any breeder who sold, transferred, or gave away two or more litters during the preceding calendar year according to the link from Consumer Affairs.

Do you know how many litters a year she has?

[DolcesMom]

Originally Posted by Ladymom

Do you know how many litters a year she has?

I think this year she's sold 2 litters. I know she's also a middleman for other breeders. Should that of been a red flag?

[karren]

All I can say if she falls as a hobby breeder, the law doesn't apply for her but If she had sold 2 or more litter a year then I think you could get a reimbursment of the vet bills but not exceeding the amount of the puppy. She still liable for selling a sick puppy. You could file small claim against her. Make sure you have all the paperworks and vet bills/records. And a copy of the california puppy lemon law. Alot of judge doesn't know about it. I been to two court session and the judge always say " Oh, I didn't know there is a law about this"

[Ladymom]

Originally Posted by DolcesMom

I think this year she's sold 2 litters. I know she's also a middleman for other breeders. Should that of been a red flag?

Oh, dear. You dealt with a broker, not Dolce's breeder. Is his breeder's name on his papers?

I looked up the statute and his breeder can also be assessed a civil penalty of $1,000 (for a first time offense) for knowingly selling diseased dog.

You are entitled to a reimbursement of 150% of his purchase price plus sales tax.

You have to scroll down to find the statute:

http://www.animallaw.info/statutes/s...045_122315.htm

Have you tried to look her up under the Better Business Bureau to see if any complaints have been filed against her?

[DolcesMom]

Originally Posted by Ladymom

Oh, dear. You dealt with a broker, not Dolce's breeder. Is his breeder's name on his papers?

I did didn't I. It bumms me out to wonder how many other puppies have been sold under false pretenses. And if they went to good enough homes that could afford or cared enough to treat the puppy correctly.

It just sucks, I tried to the best research I could (referral basis, asked all the right questions, saw the home where the puppy was) and still got shammed. Bastards!

Thank you everyone for your imput and research! This is my first major dispute over anything, wish me luck!

[mypreciouspups]

Originally Posted by DolcesMom

I do have a contract but can i still take her to court if she lied? I have e-mails saying that Dolce was negative for the shunt. But her paper work from the breeder's vet says that she was positive for it.

Then she out and out lied to you.. not sure what you can do, but maybe taking her to court. if you win she pays court fees.. she will have to pay you back your money and I bet you can keep the dog too.. saying your attached.. that part would be up to you I guess.. Like I said I am not really sure.. I am hoping for the best for you.
pooh's mum