What should I do?

[ourfirstyorkie]

Originally Posted by Woogie Man

Sue, if I'm getting this right, you've gone beyond what I presume your obligations were as per your contract. What I see from this is that the buyer, after refusing an offer to return the pup for a refund, went on to breed her....at only 1 year of age . This person has no regard for this dog and looks at her as a breeding machine. That is obvious by her already having a litter at such a young age.

If you are certain you've satisfied your contract obligations, I wouldn't worry about any legal recourse coming from the buyer. What is troubling is how this baby has been used as a money maker at such a young age, health issue or not. If it were me, concern for this little girl would be my over-riding concern.

I doubt there's anything you can do to get her back at this time and that is what is so sad. This will probably be one of those hard lessons learned and I'm sure you're already considering how to better protect your pups in the future.

Since you know this person, perhaps you could contact her vet (assuming you know who that is) to see if there's any reason to be concerned about the health of the line you're producing. I can see that you've made an effort to not make this a drama thread, but perhaps you could give a heads-up if she attempts to sell these pups on YT.

Best of luck with this.

Jim

[Sugar's Mom]

Originally Posted by JeanieK

It is pretty obvious that, that is exactly what she wanted since she refused all of the other remedies that were offered.

As far as defamation of character, you have simply described what happened and you have proof of everything you said. And there is something about going into court with "clean hands". Who defamed whom? She is the one who started bad mouthing you.

The clean hands doctrine is a rule of law that someone bringing a lawsuit or motion and asking the court for equitable relief must be innocent of wrongdoing or unfair conduct relating to the subject matter of his/her claim. It is an affirmative defense that the defendant may claim the plaintiff has "unclean hands". Clean Hands Doctrine Law & Legal Definition

this is a little known law that people need to be aware of.

[Sugar's Mom]

Originally Posted by Sugar's Mom

[/COLOR]


this is a little known law that people need to be aware of.

my computer keeps freezing up. I also wanted to say that I am sorry you are going thru this Sue.

[bchgirl]

Hire an attorney.

[Honeys Mama]

wow is all i can say... i cant believe there are people like that out there. Bad mouthing breeders then turning into a bad breeder... sorry for all of your heartache. keep ur head up, you seem to be a pretty darn good breeder to me!

[BamaFan121s]

The actions the lady has taken speak volumes. If she was truly that concerned about the claimed condition this dog has, then why on Earth would she have bred him and risked passing it on to his pups?

I can understand expecting you to pay at least a portion of the vet bills IF there was a diagnosis made, but from what you are saying, there has been no proof of that, right?

I agree with what others are saying. If the story is as you claim, you are not at fault. I would meet her threats head on with an attorney.

[Maximo]

Sue, I don't have any significant advice to add to what has already been posted, but I want to wish you quick and peaceful resolution in this matter. Maintain your professional demeanor and thorough records and you will prevail.

[Wylie's Mom]

No one has been named here - so I don't see how this can be defamation of character in any way.

Also, from what's been described, this person doesn't have any claims here, imho. You offered several options to this buyer, she took none. She then bred a dog who she claimed had an observable and vet-documented health defect. That action says it all, I think.

[Mary4]

Doesn't sound like you have anything to worry about legally. And you were smart enough to keep all correspondence, which is great; it's hard to recreate things from memory.

Sounds like the buyer has a problem. You went above and beyond what anyone would do, I think (though I'm not experienced with any of it; just common sense makes it seem like she's someone that just can't be pleased.

As to there being two sides to every story, sure there are. But the buyer is YT member and she could certainly respond to this post if she chose.

I wouldn't go spend any money on an attorney at this point, though a consult might not be a bad idea.

Good luck with this. You sound so stressed about it. You know you're a good breeder, and I'm sure the community you deal with know it as well. I don't imagine being a bad breeder is something you could hide for very long.

[Pinehaven]

I appreciate everyone's positive feedback and thoughts about the situation. I have turned over copies of all correspondence to my attorney including the emails sent to my friend.

I have received one last email (hopefully) from the buyer and she's stated that her attorney advises her to cease contact with me. She went onto say that if I didn't discontinue this thread, her attorney would send a cease and desist letter and they would proceed from there.

At this point, I will ask for this thread to be closed; not because of the most recent e-mail but because I feel confident that I did try to work with this buyer to rectify the situation. I've been told the girl has been spayed and pups will be neutered (hopefully that is the case). I wish it were possible for me to get copies of all vet notes and testings ... guess time will tell.

I'd also like to say here to the buyer: if I hear that you continue to defame my character, whether it be written, word of mouth or published on the internet, I will take full legal action against you. If you try to contact me again with your harassing/belittling emails, I will see you in court and if any sort of retaliation is ever taken against me, you will be the first and only name that comes to mind. These are not threats - these are facts.

Thanks to all for your comments and for just listening to my story.

Admin, please close this thread.