Please Help...Can I Sue?
 

Hello

You guys have helped me in the past and I'm hoping that you are able to help me again. I purchased my yorkie in December of 2005 from a supposedly reputable breeder. All her dogs were supposedly AKC certified and blah blah blah....So my dog is now 3 yrs old and all I have had from her is problems. Let me list the problems

1. She has an underbite
2. She is what I learned on here a "red legged" yorkie meaning her hair does not grow
3. She has very long legs and huge ears I call them bat wings. (thought they were cute until I saw what a yorkie is supposed to look like)
4. She was born with a hernia which I found out 2 yrs after having her and had to have it surgically removed which cost me a lot of money.
5. She tore her right ACL which I thought was from a fall but the specialist said she was actually born with weak muscles and a luxating patella. That it would have torn whether she fell or not. I had to have surger on it that cost me 3k
5. Now her left acl is torn which will cost me another 3k.

I love my dog but seriously I can't afford her and I feel like this is not what I purchased. I am waiting to see what happens next. Evidently I purchased a "lemon" Are there any laws or anything against bad breeders? Can I sue this woman for some type of false advertisement or half of all these medical bills. I'm SO frustrated right now I am really considering giving up my dog. There is no way I can shell out another 3k for her. Her ACL will have to remain torn. I have no other options. I only can get rid of her or have her limp for the rest of her life. Neither option is good. But my hands are tied. Are there any ramifications that this bad breeder can face? If so I am seriously trying to sue her. Her webiste is Terry's Two By Two PLEASE do not purchase a dog from her.

I'm not a laywer or anything, but I did take a few classes and I think you don't really have grounds for a case unless you have physical evidence that she misrepresented what she sold you... for example you would need a written guarantee that her puppies come with a two year health guarantee that she refuses to honor or something like that. Or prove that she blatantly said one factual thing which can be proven wrong. Like if she said she is selling you a AKC purebred yorkshire terrier and she gave you false AKC documents and instead of a yorkie, you got a mini schnauzer or something like that.

Also- another thing is Caveat Emptor which means "buyer beware." Usually the buyer is equally responsible for doing research on the product or breeder before purchasing... so sorry to break the bad news to you!!! I would love your little one as much as you can... If you can't afford to keep her then maybe give her to a family or rescue that can better provide for her.

The puppy lemon law in New York is only valid 14 days after you purchase puppy. This law actually applies to breeders in New York state.

If you don't have her leg repaired...it will be worse than just a limp. Arthritis sets in and 3 is awfully young to have pain from arthritis.

I'm a little saddened to see her called a lemon. :(

Yes, me too :( Animals are not cars. It is not their fault they have health problems. I understand that you are frustrated with the large sum of money to try and keep your baby healthy. However, it does sometimes happen. Your dog is a living animal, and certainly does not like the pain it is in. Iti s hard to prove if all of the health issues are related to geneitcs. I highly doubt the breeder did not suspect one of her puppies would have so many health issues. :aimeeyork

I checked out the website and this lady has way too many different kinds of breeds! Im sorry that you litte one has so many problems, I hope that there is a way that something can be done.

I understand that you're frustrated and upset. I would be too. You obviously love your yorkie or you wouldn't have done everything you have up to this point. First, I would get a second opinion. Also, I didn't see what state you are in, but some states have lower costs. It might be cheaper to travel for the surgery if necessary.

If all else fails, rather than let her injury remain untreated, you might consider surrendering her to a good yorkie rescue.

I know this is heartbreaking for you and I can feel your anger. I know it's directed at your breeder and not your furbaby, but I can see how your post could have been misread.

Take care and stay around. You can find a lot of information and support here.

So sorry to hear that you're having so many problems! When I first got my Yorkie, I had a couple of health issues too.

I used to take my Yorkie to a private vet hospital with highly recommended vets. After about a month of continuous vomiting, and literally thousands of dollars worth of tests, the vet told me that my Yorkie had liver shunt and would need a $5000 surgery to correct it. I knew I couldn't afford the surgery, went home and cried my eyes out.

The next day, I went to the MSPCA hospital and asked for a second opinion. I told them upfront that I could not afford more than a $100 visit. Not only did the visit only cost me $30, but the vet told me that she wanted to try simple things before we started running up a huge tab for tests, lab work, etc. She gave me $10 worth of deworming meds and my Yorkie has been fine ever since. Although I didn't need it, the vet also told me that if she had needed surgery, there are "Pet Credit Cards" now that allow you to go on a payment plan for pricey procedures. Maybe this is something worth looking into for someone in your position? Also, GET A SECOND OPINION! Look for state-run or discount clinics. I know that there are sliding-fee animal clinics out there.

I know it won't change the fact that your dog needs surgery, but I bet there are places that can help you with the cost, or give you a reduced fee. Like the previous post says, if you are in a small area, don't disregard places that maybe are in a larger metropolis, where these types of services are provided. If I was in your shoes, I'd do everything I could, short of breaking the bank, to keep my Yorkie and give her the proper care she needs.

GOOD LUCK!

Unfortunately, you got your Yorkie from a puppy mill. Terry Warren is listed on the USDA "puppy mill" list under Missouri:

http://prisonersofgreed.org/ListA2006.pdf

As CharBar said, it is "buyer beware" when buying a puppy from the internet. It's always important to screen a breeder beforehand which includes checking the USDA list.

Puppy millers don't care about health testing the parents or breeding to the Yorkie standard which is why their puppies are usually pretty far from the standard and have lots of health problems. They are only interested in producing as many puppies as possible for as little money as possible.

Two years later you really don't have any legal recourse against the breeder, unfortunately. If you can't afford the surgery, there are organizations that can help. There is a stickie pinned at the top of the Sick/Injured/Emergency section with a list of resources for financial assistance.

If getting the surgery is not an option, I think you are right to consider giving her up. If you turn her over to a Yorkie rescue, they can help her get the surgery and find her a wonderful new home.

breeder
 

What does the contract state...did she tell you before the sale that the puppy had a bad bite, hernia etc? If you had a well puppy check when you got the puppy, your vet should have found the bite and hernia...if they had not shown up yet, then the breeder could not know either...so I don't know if you can be compensated, they are not life threathening genetic conditions..usually not covered in a guarantee.

This is difficult because you do not feel you got what you wanted, but did you ask for a proper coat, small ears, short legs...it is a matter of quality and unless you have a contract stating you bought a pup of a certain quality and it turned out not to be, then you no doubt can not win a case.

The breeder could no doubt find just as many vets to say your puppies medical problems could be from jumping off furniture, bouncing off and on thebd..tough call. I wish you good luck....and it is not fair to you, but it has been too long I would think..

I'm confused. This list is identified as "liscensed by the USDA as breeders." Doesn't that mean that they are following the laws set forth by the USDA? Thus, non-puppy mill breeders? I don't mean to sound stupid, but I'm genuinely confused. Explain??

Commercial breeders are licensed through USDA and they supply puppies to pet stores...along with some private sales.

The USDA is the department of agriculture and covers rules concerning livestock. Any breeder that is licensed with them is a very large-scale breeder and must follow minimum requirements as set forth regarding the conditions of livestock. This is the very essence of a puppy mill breeder. I would never buy a dog from a breeder who was USDA liscensed.

In our state you have to register with USDA if you are going to sell to brokers or to pet stores, regardless of how many breeders you have or litters you produce per year.

USDA does do random inspection but it's centered around the housing and treatment of the animals. A USDA inspector doesn't know anything about breeding for type or health or overall quality. You can be breeding dogs that won't see five years of age and they can't do anything about it as long as they are housed and cared for by USDA guidelines.

I feel for the OP because as you state you thought the ears were cute until you found out what they were supposed to look like. It's not uncommon to have purchased a puppy not knowing whether it was a quality puppy or not.

Oh, I wasn't commenting on the OP's choice. I was just answering the question presented. If it wasn't for YorkieTalk I wouldn't have had a clue on what to look for in breeders, this is just not something most people discuss. I use to think anyone could breed anything as long as the two dogs "seemed" healthy. Sometimes a bad experience helps you become an advocate for good breeding. Many of the members here got their first dogs from Pet Stores and poor breeders, but we have now learned what to look for when choosing a good breeder, and hopefully can help others. To me, it's not so much about what the dog looks like, for example, if his ears are pointed or not, it's about supporting breeders who truly believe in bettering the breed.

I'm sorry about the problems you have faced, but I agree with the person who said it's a buyer beware situation. She is now 3 years old, and I think that since it has been so long you are not going to have a strong case against this person. If you have some hardcore proof that the breeder may have told you the dog was in good health then I would say maybe you have a chance at, at least getting the money back for the vet expenses...Otherwise, unfortunately buying a dog is just one of those things where you have to do your research and know who you are buying from.

I'm sorry to hear your baby is suffering and all that you are having to deal with. I don't have much advice for you but I do wish you luck in whatever you decide to do....just please continue to shower your little one with love. It's wonderful what you've done for her thus far.

Have you tried contacting the breeder to inform her of all the complications you've had since you've had her? I'm sure any caring, reputable(although it sounds like she's not) would want to know as an FYI.

Good Luck!

She claims to have "designer" dogs too.

:thumbup::thumbup::thumbup:

After all this time you pretty much won't stand a chance in court ...and what you may end up spending trying to nail that Puppy Mill/Breeder...maybe spend it on her and write this off to a bad experience - If you love her (and it sure sounds like you do) you have to think of her health first ....if she's in pain - maybe rescue is the way to go.

I'm sorry you are having to deal with this and I am sure you love your little baby. Did this breeder have her "bible" quotes up when you adopted her? I have learned over the years if they talk about God etc. then stay away. Just recently I didn't realize this also means auto mechanics too, until I was $2500 short with a $227.61 problem. Anyway I am looking for a yorkie on the internet, but if I click on one and I see one bible quote I am off and do not look again. People use the bible & God too fool good people like you.

Good luck on finding a vet that will help you, take the advice of others here on what to do, they seem pretty smart when it comes to doing what is right for a yorkie baby.

I personally would hold off on placing her until you have looked at every resource that is available, but don't wait too long.

Good Luck,
J

My post was poorly worded, I attempted to change from addressing the USDA issue to addressing the OP directly...I wasn't clear about that. I was hoping to make the same point that you are making here. If the buying public were informed as to what a Yorkie should look like, there would be fewer disappointments. Most buyers do get an education, sadly it often comes after the fact.

How true. If you fall in love with Yorkies, you want a puppy who will grow up to look like a Yorkie is supposed to. If you get a puppy from a breeder who is not breeding quality dogs who are excellent representations of the breed, you will end up with a Yorkie that is pretty far off standard. That's why it is so important to get a puppy from a reputable breeder.

This is an excellent article about pet vs. show quality from a Maltese Maltese:

Maltese Show Dog Versus Maltese Pet.....What is the difference?

If you adopted a child and it turned out to be less than perfect would you want to get rid of the child?

When it comes to yorkies it is buyer beware. In my opinion, you did not do your homework before you purchased. Most of those issues listed would have been identified by a vet on your well puppy check. Did you take the puppy to the vet withing the first 72 hours?

I would definitely let other know who the breeder is and and warn people not to buy from her, but sueing is for people who have been permanently injured and will have a lessor quality of life due to someone elses negligence.

Everything youi do in life is a risk. We minimize our risk by thinking before we act. Sueing after the fact is not an option.

:thumbup::thumbup::thumbup:
AMEN to that LOL. I too have found that the more people carry on about how honest they are, and what God fearing Christians they are, the faster you should run in the other direction.

Puppy mills are notorious for using the word "God", scriptures, etc. on their website to try to scam innocent people.

Being religious doesn't make you a reputable breeder. Just look at the the Amish puppy mills in Lancaster County. :(

Thank you all for your responses. I do love my dog and would love to have her leg fixed but I just can't afford it. Thank you for pointing out that this breeder runs a puppy mill. I did not know much about Yorkies until AFTER I purchased mine and did more research. I used this breeder based off of a recommendation from someone who purchased their yorkie from her. I do not know if this person has had the same problems though. I'm just really angry that every time I turn around its something else. I used the Care Credit for her first surgery and am still paying that off. I can't just add 3k more to that. I looked on the sticky in this forum regarding lower costing vet care but all of those are income contingent and I make too much to qualify. I have pet insurance that I got a few months ago but her policy specifically states that for this type of injury you must have had the policy for a minimum of 12 months. I live in NY so I'm guessing everything is expensive here. If I found a vet that can do it for under 2k I would consider it. If anyone knows a cheaper vet then please let me know. You guys have always helped me in the past and I really regret that I did not find this site before I purchased my dog. I am going to do some online research on cheaper vets but also unfortunately look into some yorkie rescues to take her to.

I am sorry to hear about your baby. I hope you can find something to help her out. I don't think this breeder is all she is cracked up to be. I read through her health guarentee and she clearly stated that, "the buyer is responsible for all medical costs for the puppy once the puppy is with the buyer." She goes on to state in her guarentee is that she only covers withing the first year if it is something congenital. If in the event that your dog would have died in the first year, an autopsy would need to be done. If you got the autopsy done at your vet, you cover the cost; if you send the dog to her vet, she will pay for the autopsy.

Here is another passage from her contract, "There are certain disorders and issues that can arise that may be caused by improper diet, environmental factors, and Stress. Since these factors cannot be controlled by me, the breeder, the buyer is responsible for all cost that arise due to these circumstances. All medical or any financial issues incurred by the puppy in this contract are the sole responsibility of the new owner from the date the puppy arrives at his or her new home. There are no acceptations to this for any reason. Terry’s two by Two is not responsible for any vet or medical bills or financial bills that are incurred by the puppy from the date the puppy arrives at his or her new home."

She can easily refute any of your claims. I hate to agree with everyone but I don't think you would be able to hold this contract up in court. For a puppy mill breeder, she's smart. She had every area covered. Good luck with your baby whatever you choose to do.

I keep seeing animal cops shows set in NY, where they help people finance medical procedures when the owners can't cover all the costs. I don't know how true this might be, but have you tried looking for something like that?
Sorry, that's the best I could think of.

Call the ASPCA. They do reduced neutering and spaying, perhaps they
also do reduced sugical precedures as well. They do on the dog's brought
into them so they just may help the public too.
Good luck, hope this works for you.
My daughter had her pug netured there, $50.00, I took Buddy to my vet,
$425.00. Dummy me!

Yeah but unfortunately I'm finding out that most of these things are income contingent and I make too much. I do make very good money but I just can't afford it because it would be 6k I would have forked out in 6 months. Thats just too much for mostly anyone no matter how much they make.

Where is your surgeon :confused: