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Irresponsible breeder????? Hi all! Some of you may know that my Dolce was diagnosed with a liver shunt a last year. At the time the breeder had said she had had a bile acid test for the shunt prior to us recieving her and that everything was "good and healthy". As it turns out Dolce was not "good and healthy" and she sold us her under false pretenses. I have documentation from her vet stating that Dolce did have a liver shunts. Is there anything I can do? I tried reading the puppy lemon law but it doesn't make sense to me. Is there any way I can go after the breeder to reimburse us for the cost of the shunt? Any info would help, thank you. |
Wow I hate that for you and they knew about it is what gets me!! I hope you can do something! |
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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. |
it can be very possible that she did have it checked and it was neg. i have seen here that sometimes it takes more than one testing to determine if it is truely liver shunt. sometimes test come out undetermined and futher testing is needed. i am so sorry you have to go through this. i hope everything works out for you |
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What state do you live in? Not all of them have puppy lemon laws and most only protect you for the first few weeks. Your best bet is to take her to small claims court if she lied to you about your puppy's health. |
Well, that totally SUCKS!! I'd talk to an lawyer, there definitely is a lawsuit here!! :mad: |
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Are the emails before or after you got your pup? Does the breeder state your puppy tests were clear, is it the same date the vet records show positive? As far as "The lemon law" it guarantees 1 year hereditary, if your pup is over one year not sure they will help...but would be worth a try, it says you would be entitled up to 1 1/2 times what you paid for the puppy for vet expenses. I would think if the above doesnt apply because of age, your conflicting paper work would hold up in small claims court. |
Thanks everyone for all the feedback! Has anyone ever been in this situation? The breeder does not know that I have the paper work from her vet stating the positive shunt. I wanted to ask around and see if I have course of action before the next steps. The e-mails are dated before us receiving Dolce while the vet's paper work , also dated, say otherwise . It fustrates me thinking that someone claiming to love and be a reputable breeder could do this. Is there a chance that'd I have to give Dolce back? If that could be an end result I don't want to persue this. But if I can just get either Shunt surgery refund or at least 150% of Dolce's cost back without having to give her up, I'd want to persue. |
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Nope, the results clearly state that she was positive. I tried gving her the benifit of the doubt back in June when Dolce was diagnosed by my vet but when I recently got the paper work from her vet saying Dolce was positive, I feel like an idiot for believing her. |
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First off what is specified in regards to genetic issues in your contract? Some breeders offer to replace your puppy with another after you relinquish the first. Some will refund the cost or partial of the puppy but won't be held liable for additional vet expenses. After reviewing that information, I would contact the breeder and let her know your vet's diagnosis. I would not share that I have the paperwork from her vet at this time. I would wait and see how she would like to resolve the issue if it's covered by the contract. That being said...if I thought she was not receptive to working something out...then I would contact an attorney. |
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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 |
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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? :mad: Sounds like you have a great law in CA and should have no problem getting your vet expenses covered. |
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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 |
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Do you know how many litters a year she has? |
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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" |
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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? |
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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! |
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pooh's mum |
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