Does this look like the same dog to you?

[Teiya]

God my husband is so smart. He told me to take the pictures Jasmanea sent me via email and upload them to my photobucket account so we can view the time/date stamp of when the picture was taken. Here's the info pulled directly from the picture:

File Name: emma22.jpg (rename)
.jpg ok cancel
File Size: 335 kb - 1024 x 768
Camera Make: SONY
Camera Model: DSC-H3
Date/Time: 2008:10:27 19:51:53
Resolution: 1024 x 768
Flash Used: Yes (auto, return light detect...
Focal Length: 6.3mm
Exposure Time: 0.033 s (1/30)
Aperture: f/3.5
ISO Equiv.: 320
Whitebalance: Auto
Metering Mode: matrix
Exposure: program (auto)


Sure enough.. the pictures she posted were taken 5 months ago. Not at all a likeness of the dog. In the email she sent me, she stated that she only had the dog a month before selling her to someone else. The ad was posted Jan 2, but the pictures are 5 months old.


In the ad, someone asked her if this is what the dog looks like now and she replied yes. She also stated in the ad that she was 5 lbs. Not 6.12.



http://www.yorkietalk.com/forums/yor...e-florida.html

In the pictures she posted of her new dog, the exact same model and camera were used.
So now.. if she posted the dog for sale Jan 2 and said she only had the dog 1 month prior to selling it, how in the heck can she have a photo of the dog using the same camera before the dog even came into her possession in the first place?

[Teiya]

This is the image info on her new dog that she just posted about yesterday. Notice the time and date stamp is accurate and the same model camera was used:

File Name: 056.jpg
File Size: 359 kb - 1023 x 943
Camera Make: SONY
Camera Model: DSC-H3
Date/Time: 2009:03:23 15:40:12
Resolution: 1023 x 943
Flash Used: Yes (auto, return light detect...
Focal Length: 12.2mm
Exposure Time: 0.033 s (1/30)
Aperture: f/4.0
ISO Equiv.: 500
Whitebalance: Auto
Metering Mode: matrix
Exposure: program (auto)


and here's the clip of the email where she stated that she only had the dog one month before selling it:


You forget I only had her in my possession for 10 days before she was shipped to you after spending months with Sara. (Look back on the original post) She HAS NOT been abused in any way as insinuated. I am glad you are going to give her a chance. I still do not agree with the 6lbs 12 oz, but my vet has records so if it comes to that then I will get them. They write down the weight on their chart. I owned Emma a month or so before I sent her to Sara

[Breeze]

Now that I saw the other photos of the dog in your link, not a chance thats the same dog! Great work hubby!

I think she has a lot of explaining to do.

[zorrolinchen]

I just read the whole thread and feel so sad for you and the dog. She looks so scared and unhappy - maybe something happened in her life ...

Its a good thing that you don´t want give her to a shelter/rescue because there are so many dogs and with her aggressions it would be difficult to find a new home early. And it would be the 4. place for her, am I right?

Is there a possibility to go with her to a dog school (in germany we call it so) where she can be trained for loosing her aggressions? I think it would be not so expensive than a dog trainer.
I wish I could help her and you.
Please, let us know what will be happen.

I wish you and Emma the best!

[yorkiemomto4]

JMO but i think you were taken on this one. That does not look like the same dog to me. Although she is cute, but shes not the dog thats in the first pic. I hope she finds a forever loving home.

[tumismom]

I am so sorry you are going through this. The dog does not look like the same dog at all. They do not change that much in a month. I have 3 girls and I can tell you they haven't changed much in last couple of months and they just don't gain like a pound in a month also. I hope the seller can do what is right for you which is take the dog back and refund you the money. I

[LunasMomma]

That is SO NOT the same dog I'm so sorry that you are going through this Even if it was the same dog, she charged you way too much, imho.

Hugs to you and that sweet baby girl. I think you're right when you say she needs to be the only child, with her aggression issues that's the only way she could be happy, I think.

[luvfla]

This whole situation is so uncool....

However, let me say, don't give up on her so quickly...we adopted Sophie a week & a half ago & she was aggressive toward one of our males & he toward her. What we had to do was to show them who was the packleader. We read a bunch of thing on Cesar Millans site & in 1 DAY things changed. They even play together!!!! Oh yeah, Sophie is 8# Keegan is 12. Do some work with them first.

[Ladymom]

With two young children and a smaller Yorkie in your home, you cannot take a chance on having an aggressive dog around.

Florida is a very pro-consumer state when it comes to pet laws. In addition, if the seller pulled a bait & switch on you, she could face serious serious charges.

If it's the same dog, the seller should refund your purchase price and take the dog back. You should be responsible for shipping costs.

If she switched dogs on you, you are entitled to the purchase price, shipping costs, and I would ask for reimbursement of vet bills. If you have to go to court, you would be entitled to court costs and attorney fees if applicable.

The dog needs to be returned before she does serious injury to your other dog or your children.

[Mom2Lulu]

Black's Law Dictionary defines fraud as:

1. A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. Fraud is usually a tort, but in some cases (especially when the conduct is willful) it may be a crime. 2. A misrepresentation made recklessley without belief in its truth to induce another person to act. 3. A tort arising from a knowing misrepresentation, concealment of material fact, or reckless misrepresentation made to induce another to act to his or her detriment. 4. Unconscionable dealing; especially in contract law, the unconscientious use of the power arising out of the parties' relative positions and resulting in an unconscionable bargain.

actual fraud. A concealment or false representation through a statement or conduct that injures another who relies on it in acting. - Also termed fraud in fact; positive fraud; oral fraud.

wire fraud. An act of fraud using electronic communications, as by making false representations on the telephone to obtain money. The federal Wire Fraud Act provides that any artifice to defraud by means of wire or otherelectronic commnunications (such as radio or television) in foreign or interstate commerce is a crime.

*any would most likely include photos that misrepresent the dog. You would have to consult an atty on that.

fraudulent act. Conduct involving bad faith, dishonesty, a lack of integrity, or moral turpitude.

From: Fraud legal definition of Fraud. Fraud synonyms by the Free Online Law Dictionary.

Fraud must be proved by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.

A misleading statement is more likely to be fraudulent when one party has superior knowledge in a transaction, and knows that the other is relying on that knowledge, than when the two parties possess equal knowledge. For example, if the seller of a car with a bad engine tells the buyer the car is in excellent running condition, a court is more likely to find fraud if the seller is an auto mechanic as opposed to a sales trainee. Misleading statements are most likely to be fraudulent where one party exploits a position of trust and confidence, or a fiduciary relationship.

When a person has a duty to speak, silence may be treated as a false statement. This can arise if a party who has knowledge of a fact fails to disclose it to another party who is justified in assuming its nonexistence.

Interstate fraud and fraud on the federal government are singled out for federal prosecution. The most common federal fraud charges are for mail and wire fraud. Mail and wire fraud statutes criminalize the use of the mails or interstate wires to create or further a scheme to defraud (18 U.S.C.A. §§ 1341, 1342).

__________________________________________________ ____

I would look into a "Notice of Fraud" letter, which basically is your warning to her that unless she refunds your original purchase price, and pays to have the dog shipped back you will be filing criminal fraud charges, potentially federal charges. I would check with the laws in Florida about the procedure to actually file them. It shouldn't be difficult, and is usually quite simple. You can pm me for more info. I am not an attorney, but stating what I would do in your situation.

[Mom2Lulu]

"Florida is a very pro-consumer state when it comes to pet laws. In addition, if the seller pulled a bait & switch on you, she could face serious serious charges. "


There ya go!!! Sounds like the law is on your side!!!

[Sugar's Mom]

My advice to you would be to post a review of the breeder on the breeder review forum and share your experience. But, that being said, it looks like the same dog to me. The light is different in the first picture and the dog looks happy and healthy. In the other two pictures, the dog looks extremely unhappy. When someone rehomes a dog and it flops it's ears down that is a sure sign that the dog has not adjusted well. The dog looks miserable in the last two pictures. I do hope that you are not letting your feeling spell over to the point that the dog knows how unhappy you are. Another thought, if you were looking for a companion to your three pound yorkie, a five or six pound dog is not the way to go. But some five pound dogs are very petite while others weighing the samee are gangly and large boned. i would not keep a dog that attacked my child but also as a breeder, I would never sell a dog to a person with a small child either no matter if they are used to one in the house. Can you resell this dog and possibly recoup some of your money ? I hate to see adult dogs shoved around from home to home tho. You have to do what you need to do and I would for sure post a review in the proper forum on this breeder.

[jasmanea]

Let me say first off to all the people who are able to recognize the difference in coloring flash and size of the face. Most breeders know when your taking different pictures they come out differently. I have a picture of me that looks like I have blonde hair due to my flash, but in actuality it is very brown. As to other -everyone has an opinion which is obvious by the postings. I have been sitting here reading these and have for the most part decided to stay out of it, since no one but she and I had the converstations. No one knows anything about me so it really doesn't matter. But since we are in this little petty situation I would like to refer the most people that have an interest (for some reason) in this thread to go back over all her happy posts. Look at some of the clean pictures... she originally took and compare her snout, etc. In my pictures she is CLEAN, her face is blow dryed backwards (breeders know this technique) and sprayed and goomed with conditioner. In this ladies pictures-she is UNCLEAN and disgustingly out in the mud with her ears back in fear. I was told she would be an inside dog and I got an email stating they have to put her outside now. She was never an outside dog. I did offer her money back at first and told her she did need to pay for the shipping. (that was her choice to have the dog shipped) Emma left happy and clean, now she looks filthy, poor and unkempt. Let me also state and copy and email that shows she also said AFTER I offered her the refund that she wanted to keep her and NOT send her back. CASE CLOSED. Never did I say she would have to pay for any vaccines (PLEASE PRODUCE A LEGITAMATE COPY. Gina or whatever you name is..since you told me your name was ERIN and not GINA and asked me to send to her to another area and that you did not actually live in Salt Lake City. You told me she was fine, happy, etc.. and they were playing well. This is CLEARLY buyers remorse. Here are some of the "more pleasant snippets"
************************************************
Christin,

I apologize for my husbands reaction regarding Emma. He's not the most graceful thing at handling issues and I wasn't aware that he'd emailed you until he told me this morning. I intended to wait a few days to see how things went before making a judgement. Again, I apologize for his reaction and want to talk things out here.
************************************************** *

Her interest in the birds are something I saw coming. It's natural and they are terriers. Teiya had an interest at first too. It took a while before the interest wore off and she doesn't bother them anymore. My amazon will get down to play with Teiya and that's where we have to be extra cautious with Emma. Emma does have a much higher prey drive than Tei does though. That's nothing anyone could have predicted.

Just to clarify, Emma is NOT kept outside. I don't condone having a dog and keeping it outside. It's not a dog them. It's a lawn ornament that you have to clean up after. What Dave was trying to say is that we have to put Emma outside while Teiya is eating or in her crate. Otherwise, Emma won't allow Teiya to eat. She'll guard the bowl even if she's full and doesn't want anymore.

In any case, I'm going to try to work with her regarding these issues. I really don't want to send her back to you. I made a commitment and intend to honor that, but I am concerned for Teiya with the aggression issues.

Gina


I find this all pathetic and sad and wonder if this has anything to do with what I said about your bows that you made. My personal preference is to have lasting quality. I also find it absolutly abhorent that she is out in the filth. YOU CHOSE TO KEEP HER AFTER I OFFERED YOU TO SEND HER BACK. Step up to the plate and take care of your dog properly. She needs to be groomed and well taken care of . Also to all that are wondering she had her approximatly 48 hours when her husband sent a very rude email saying she was not getting along with the "BIRDS" and wanted a refund, but "wasn't sure what they wanted to do". HELLO!!! TERRIER-BIRD???
I refuse to get in a silly tit for tat over this and you can post and "edit" the emails all you like. I have the emails of your happiness, then sudden dismay and claims of how you do behavioral training and that it would be fine if Emma was more dominant, as your dog was more submissive. We talked about all this in great detail. Many converstations!!!!!! If you continue to bash me I would be happy to have my family take care of the "slander" issues. I have my proof of everything that was said. I have no idea how much weight she gained with Sara, but I can tell you she was clean and happy when I got her and did not look like that "filthy" photo you posted.

[jasmanea]

For those who may think I have a bad attitude you may feel a little unhappy about the rude things that were said. I simply stated how upset and unhappy I was about the ridiculous accusations. Of which, I think anyone would be. I have never had any problems with the puppies or dogs I have sold on YT. This "newbie" would be the first. Hmmmm... maybe it has to do with my husbands EX-WIFE.. that would make more sense. LOL

[jasmanea]

Someone actually commented on how the ears were different. ? What look at the pictures as she is cowering in the dirt?? Her ears are not up. Buy yourself a decent camera, Gina-aka Erin. Also all the spa treatments, doggie treatments, giving the dogs filet mignon.... your daughters friend tragically dying (we researched it) all were clearly lies. You can tell by the living enviroment that she is in... that NO DOGS around there get spa treatments and filet mignon!!!!!!!!!!