Bogus Health Guarantee - YorkieTalk.com Forums

drabinowitz43 · 03-09-2009, 06:07 PM

My breeder who I do not feel ready to name, but who does post her puppies on YT, and that is how I found her, has ignored my emails that my puppy who I got in Dec. has just been diagnosed with a liver shunt and is having surgery on Wed. The estimate for the surgery is $3,500 (including neutering, an undescended testical, and four baby teeth extractions). I paid $1,000 plus shipping for the puppy. The health guarantee says I can return the dog and get a refund. I don't want to return the dog, what will she do, put him down? The surgery costs more than 3 times the price of the dog, and I think some sort of reimbursement is in order. I can't believe this has happened. I love this dog and want to provide him the surgery he needs to live, but I don't have the money. Am I being unreasonable?

MyFairLacy · 03-09-2009, 06:14 PM

you are definitely not being unreasonable. Unfortunately there are a lot of breeders with crappy guarantees. What you are describing is so common because the breeder knows the owner won't return the puppy. A reputable breeder would refund the purchase price of the puppy, be there for support, and stop breeding that line if dogs.

Yorkieluv · 03-09-2009, 06:31 PM

Ditto...

drabinowitz43 · 03-09-2009, 06:31 PM

Thank you so much, I completely agree with you. I just don't know how far to take it. I am sick with worry about my puppy and the financial situation. This is going to be a tough week. Thanks for your support.

Ladymom · 03-09-2009, 06:45 PM

The problem with most of these backyard breeders, hobby breeders, or whatever you want to call them is that they are producing puppies to make money, not spend money. They have not prepared to deal with the financial responsibility of producing a sick puppy. They will happily give you another puppy since they can easily produce more puppies, but they won't part with their money.

You live in New York, right? New York is very progressive with puppy lemon laws. They have found in favor of the consumer time and time again in cases where a puppy got sick. It might be worth bringing a case in small claims court to try to recover some of the vet bills.

It's time we start holding these greeders and irresponsible breeders financially accountable. You can't replace a puppy like a defective product under warranty!

drabinowitz43 · 03-09-2009, 06:55 PM

I am an attorney and I am going to research the puppy lemon law. I have mixed feelings about whether to place a phone call to the breeder, as my emails have gone ignored. I hate confrontation, that's why I'm not a litigator. I guess I owe her a phone call before I do anything else. This all just feels so wrong to me, I can't believe anyone could be so phony. She told me how much she loves her dogs, I've shared pictures, etc., etc. I got my other dog from a pet store when I didn't know any better, this time I thought I was doing the responsible thing. I hope my other Yorkie is okay. She is 1 and has never been tested, but appears to be fine, and she is much larger.

Ellie May · 03-09-2009, 06:59 PM

Quote:

Originally Posted by MyFairLacy

you are definitely not being unreasonable. Unfortunately there are a lot of breeders with crappy guarantees. What you are describing is so common because the breeder knows the owner won't return the puppy. A reputable breeder would refund the purchase price of the puppy, be there for support, and stop breeding that line if dogs.

I agree.

The problem is, this is the health guarantee that you have and there is really no changing that now unless the breeder decides to help. Since you could get a replacement (I know...not an option for you), I don't see how you could do anything about this now.

drabinowitz43 · 03-09-2009, 07:04 PM

I know you are right, I am just having trouble digesting this because that is so not how I operate, and it's getting me nuts. The second part of the "health guarantee" says I can keep the sick dog and get another "of equal or lesser value." Why would I ever want another dog from this person. I just hope no one else ends up in my shoes.

drabinowitz43 · 03-09-2009, 07:07 PM

If I did return the dog to her (which I'm not), do you think the breeder would put him down because he has no "resale value?" Is it all about the money?

Ellie May · 03-09-2009, 07:12 PM

Quote:

Originally Posted by drabinowitz43

If I did return the dog to her (which I'm not), do you think the breeder would put him down because he has no "resale value?" Is it all about the money?

It's possible of course but not necessarily.
Some breeders do write their health guarantees similar to how your breeder did and they still help with vet bills, etc. It just depends on the breeder. I'd say if they aren't responding to you, that is not a good sign...

Yeah, I don't get that either. Why would you want another dog with possible liver shunt? Then you would have two surgeries to pay for.

Ladymom · 03-09-2009, 08:38 PM

Quote:

Originally Posted by drabinowitz43

I am an attorney and I am going to research the puppy lemon law. I have mixed feelings about whether to place a phone call to the breeder, as my emails have gone ignored. I hate confrontation, that's why I'm not a litigator. I guess I owe her a phone call before I do anything else. This all just feels so wrong to me, I can't believe anyone could be so phony. She told me how much she loves her dogs, I've shared pictures, etc., etc. I got my other dog from a pet store when I didn't know any better, this time I thought I was doing the responsible thing. I hope my other Yorkie is okay. She is 1 and has never been tested, but appears to be fine, and she is much larger.

You can find NY's puppy lemon law in section 753:

New York Consolidated Dog Laws

According to the statute, your protection is limited to 14 days after the purchase.

This is an interesting New York case. The Court held that the plaintiff was entitled to a refund because her Maltese grew larger than the promised "teacup" size. The Court dealt with the issue of replacement vs. reimbursement for a congenital condition and found in favor of the defendant, though. The case itself is a fun read!

O'Rourke v. American Kennels

drabinowitz43 · 03-10-2009, 03:44 AM

Quote:

Originally Posted by Ladymom

You can find NY's puppy lemon law in section 753:

New York Consolidated Dog Laws

According to the statute, your protection is limited to 14 days after the purchase.

This is an interesting New York case. The Court held that the plaintiff was entitled to a refund because her Maltese grew larger than the promised "teacup" size. The Court dealt with the issue of replacement vs. reimbursement for a congenital condition and found in favor of the defendant, though. The case itself is a fun read!

O'Rourke v. American Kennels

Thank youi! Fourteen days is a joke. How did her Maltese grow so large in 14 days? I'll have to read that one, thanks for the info.

Ladymom · 03-10-2009, 07:25 AM

Quote:

Originally Posted by drabinowitz43

Thank youi! Fourteen days is a joke. How did her Maltese grow so large in 14 days? I'll have to read that one, thanks for the info.

If you read the case it was well beyond the 14 days so they didn't rule in her favor about the luxating patellas issue. They applied the statute as written, that replacement was the only legal remedy.

Do read the case, though. It is hysterical! The judge had lots of fun writing it!

TLC · 03-10-2009, 08:02 AM

Ahhh...This is so sad

I think you should call her though and see if she will work something out with you...

Just an FYI: I have seen quotes from U of Tenn for around $1300 (LS surgery, neuter, teeth pulled, all tests, etc.) and Cornell must be pretty reasonable as well...

BUT if you are set at the Specialty Hospital already, maybe apply for Care Credit or a special credit card just for this

YorkieGeorge · 03-10-2009, 09:17 AM

I am so sorry that your yorkie was diagnosed with a liver shunt .

03-09-2009, 06:07 PM	#1
drabinowitz43 YT Addict Join Date: Jul 2008 Location: New York Posts: 490	Bogus Health Guarantee My breeder who I do not feel ready to name, but who does post her puppies on YT, and that is how I found her, has ignored my emails that my puppy who I got in Dec. has just been diagnosed with a liver shunt and is having surgery on Wed. The estimate for the surgery is $3,500 (including neutering, an undescended testical, and four baby teeth extractions). I paid $1,000 plus shipping for the puppy. The health guarantee says I can return the dog and get a refund. I don't want to return the dog, what will she do, put him down? The surgery costs more than 3 times the price of the dog, and I think some sort of reimbursement is in order. I can't believe this has happened. I love this dog and want to provide him the surgery he needs to live, but I don't have the money. Am I being unreasonable? __________________ Donna, Sadie, Joey and Nicky (and Buddy the cockatiel)

03-09-2009, 06:14 PM	#2
MyFairLacy Donating YT 10K Club Member Join Date: Jun 2007 Location: DFW, Texas Posts: 11,003	you are definitely not being unreasonable. Unfortunately there are a lot of breeders with crappy guarantees. What you are describing is so common because the breeder knows the owner won't return the puppy. A reputable breeder would refund the purchase price of the puppy, be there for support, and stop breeding that line if dogs. __________________ ~Magnifique Yorkies~ Purchasing from backyard breeders, pet shops, and puppymills perpetuates the suffering of other dogs. Educate yourself and buy from reputable breeders or rescue.

03-09-2009, 06:31 PM	#3
Yorkieluv Donating YT 3000 Club Member Join Date: Feb 2005 Location: USA Posts: 7,178	Ditto... __________________ Miko 's his Mommy

03-09-2009, 06:31 PM	#4
drabinowitz43 YT Addict Join Date: Jul 2008 Location: New York Posts: 490	Thank you so much, I completely agree with you. I just don't know how far to take it. I am sick with worry about my puppy and the financial situation. This is going to be a tough week. Thanks for your support. __________________ Donna, Sadie, Joey and Nicky (and Buddy the cockatiel)

03-09-2009, 06:45 PM	#5
Ladymom Donating YT 2000 Club Member Join Date: Sep 2007 Location: North Carolina Posts: 8,317	The problem with most of these backyard breeders, hobby breeders, or whatever you want to call them is that they are producing puppies to make money, not spend money. They have not prepared to deal with the financial responsibility of producing a sick puppy. They will happily give you another puppy since they can easily produce more puppies, but they won't part with their money. You live in New York, right? New York is very progressive with puppy lemon laws. They have found in favor of the consumer time and time again in cases where a puppy got sick. It might be worth bringing a case in small claims court to try to recover some of the vet bills. It's time we start holding these greeders and irresponsible breeders financially accountable. You can't replace a puppy like a defective product under warranty! __________________ http://www.myladysdogbows.com/ http://www.facebook.com/home.php?ref...6213341?ref=nf

03-09-2009, 06:55 PM	#6
drabinowitz43 YT Addict Join Date: Jul 2008 Location: New York Posts: 490	I am an attorney and I am going to research the puppy lemon law. I have mixed feelings about whether to place a phone call to the breeder, as my emails have gone ignored. I hate confrontation, that's why I'm not a litigator. I guess I owe her a phone call before I do anything else. This all just feels so wrong to me, I can't believe anyone could be so phony. She told me how much she loves her dogs, I've shared pictures, etc., etc. I got my other dog from a pet store when I didn't know any better, this time I thought I was doing the responsible thing. I hope my other Yorkie is okay. She is 1 and has never been tested, but appears to be fine, and she is much larger. __________________ Donna, Sadie, Joey and Nicky (and Buddy the cockatiel)

03-09-2009, 07:04 PM	#8
drabinowitz43 YT Addict Join Date: Jul 2008 Location: New York Posts: 490	I know you are right, I am just having trouble digesting this because that is so not how I operate, and it's getting me nuts. The second part of the "health guarantee" says I can keep the sick dog and get another "of equal or lesser value." Why would I ever want another dog from this person. I just hope no one else ends up in my shoes. __________________ Donna, Sadie, Joey and Nicky (and Buddy the cockatiel)

03-09-2009, 07:07 PM	#9
drabinowitz43 YT Addict Join Date: Jul 2008 Location: New York Posts: 490	If I did return the dog to her (which I'm not), do you think the breeder would put him down because he has no "resale value?" Is it all about the money? __________________ Donna, Sadie, Joey and Nicky (and Buddy the cockatiel)

03-10-2009, 08:02 AM	#14
TLC Slave to My Rug-Rats Donating Member Join Date: Jun 2005 Location: Long Island Posts: 7,247	Ahhh...This is so sad I think you should call her though and see if she will work something out with you... Just an FYI: I have seen quotes from U of Tenn for around $1300 (LS surgery, neuter, teeth pulled, all tests, etc.) and Cornell must be pretty reasonable as well... BUT if you are set at the Specialty Hospital already, maybe apply for Care Credit or a special credit card just for this __________________ Adopt Donate Foster www.yorkie911rescue.com

03-10-2009, 09:17 AM	#15
YorkieGeorge Donating YT Addict Join Date: Aug 2005 Location: Oregon Posts: 1,930	I am so sorry that your yorkie was diagnosed with a liver shunt . __________________ ♥FurBabyBows ♥ Beautiful Handmade Dog Bows for your Fur Baby ♥ Formosa Yorkies