Breeder Responsibilities?

[JeanieK]

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?

[twinkletoes]

No, I won't pay her one more cent. Even if I wanted to I don't have the money. About 3 weeks ago I was diagnosed with polycystic ovary syndrome and I'm going in for surgery on April 3rd to have my uterine lining burned because my cycles will not stop (even after being on the pill). So anyway that's going to be quite a bill. Will I ever get ahead!?!?
By the way, she hasn't gotten back with me yet on the letter. I'll let everyone know when she does. Thanks, Amy

[JeanieK]

Originally Posted by twinkletoes

No, I won't pay her one more cent. Even if I wanted to I don't have the money. About 3 weeks ago I was diagnosed with polycystic ovary syndrome and I'm going in for surgery on April 3rd to have my uterine lining burned because my cycles will not stop (even after being on the pill). So anyway that's going to be quite a bill. Will I ever get ahead!?!?
By the way, she hasn't gotten back with me yet on the letter. I'll let everyone know when she does. Thanks, Amy

Amy, Sorry to hear that. I hope everything goes OK. I'm glad that you are taking a stand on this. I believe she will offer you another puppy free, rather than to risk going to court. There are other breeders out there if she doesn't.

Sometimes it does seem like everthing is getting dumped on you all at once. We've all been there. It's just a test of your faith. We're all pulling for you, so hang in there.

[twinkletoes]

It's been 2 days now and no responce from the breeded via e-mail. How much time do I need to give her? The letter was sent 3/12/06. Amy

[vainchick5]

She should have answered you, but I will give her till friday. Then write her another letter saying that you will take legal action against her if she doesn't respond to you.

[gutu28]

Im sorry to hear about your surgery and I send well wishes your way! Keep us posted on anything you hear from the "breeder"