Aggravated - YorkieTalk.com Forums

Gingi · 03-03-2005, 06:42 AM

I just needed to vent for a minute. As most of you know, I have been waiting on a new puppy to replace my Maggie that died within a few days of getting her (RIP

.) Well, the lady I bought her from ( which sells them with for her friend, the breeder) finally called me back today. She had told me 1 1/2 to 2 weeks ago the breeder had a female out of a different litter that hopefully I would be interested in. She thought she was @ 4weeks at that time. Well, I have been trying to call her and leaving messages since Saturday with no response. She finally called this a.m. The deal is, according to her which I tend to believe, is that the breeder doesn't want to give me the puppy because she only had two in the litter and she wants to sell them both

. Lynn, the seller, told her that she needed to let me have first dibs on it since they owe me one. I have sent a letter from the vet and Lynn has called the vet and seems to be on my side, but the breeder is being very hesitant. Lynn said she even offerred to buy the puppy from her friend for me but her friend told her that wouldn't be right, but Lynn told her it isn't right not to let me have the puppy either. She told me she would call the breeder back today and see what's going on because now she tells me the breeder says she is just 4 wks. now. She said if the puppy is eating on it's own, she is going to do whatever she has to do to get it and keep it herself till it's old enough to go to assure I get to see if I want it. I'll feel really bad if she has to give the breeder any money for her, but I supppose that is between them. Am I wrong in thinking that? I mean, I paid good money for a puppy, plus a lot of money in vet bills and they owe me a puppy. It shouldn't be my fault the breeder doesn't own up to her end of the deal should it? Someone owes me a puppy and they should have to work it out between themselves, after all they are business partners, right?

Ladylavender · 03-03-2005, 06:56 AM

Absolutely, positively you are correct. Did you sign a contract that says they have to replace a puppy if in poor health or due to death from poor health? Then contractually they owe you a puppy and you should get first available, your pick! Otherwise, some one owes you some money. If the breeder does not want to honor the contract than the deal is off and repayment is in order.

Hold your ground!

Of course if there is no contract, then your ground is not so stable.

Gingi · 03-03-2005, 07:07 AM

Oh yes, there is definately a contract saying they would replace the puppy when one is available. Well, one is available! Thank you for your support, Ladylavendar

Ladylavender · 03-03-2005, 07:18 AM

In that case, start having conversations with the broker that include the words: from the contract, verbatim; "do the honorable thing"; and "small claims court".

You may need to point out that the contract states "replacement puppy when available", it does not state "at the convenience of the breeder".

but also make sure the current available puppy is too your liking, because you don't want a puppy you aren't happy with.

kindness_001 · 03-03-2005, 08:19 AM

alaso use the words better business beaura. I am a breeder and she is responible for that dog. Judge Judy here we come.

.. Also it don't say from same parents who'd want a puppy from 2 dogs that one died from.

Chester · 03-03-2005, 08:27 AM

Quote:

Originally Posted by Ladylavender

In that case, start having conversations with the broker that include the words: from the contract, verbatim; "do the honorable thing"; and "small claims court".

You may need to point out that the contract states "replacement puppy when available", it does not state "at the convenience of the breeder".

but also make sure the current available puppy is too your liking, because you don't want a puppy you aren't happy with.

I agree you maybe fighting for your rights.. and you are right . They owe you a puppy. Ask if you can view the puppy, because you may win the battle an this may not be the puppy for you.

Babbie · 03-03-2005, 09:42 AM

You are totally right...u deserve and should get a new puppy at no cost. So fight for your right...

Gingi · 03-03-2005, 10:22 AM

Thank you for your support and advice. I know they owe me a puppy, I just hope the one that sold her to me doesn't have to actually pay the breeder for the puppy, but I guess that's her deal since she's business partners with her. I was talking with my brother at lunch and he was suggesting throwing around the word lawyer, but I was thinking this a.m., perhaps if I mentioned calling the AKC on her that might make her decide to go ahead and let me have first crack at the puppy. Yes, I do get to see the puppy and have the option to wait for another. Of course, I know I shouldn't just take the pup if I'm not satisfied with it, but from everything I've been told, I don't see why I wouldn't be - besides, they're all hard to turn down!

And yes, this one is from a different mother and I'm not sure about the father. Anyway, your advice and support is really, really appreciated.

I "hope" to hear more from Lynne, the seller, today. Keep your fingers crossed for me.

03-03-2005, 06:42 AM	#1
Gingi Senior Yorkie Talker Join Date: Feb 2005 Location: North Carolina Posts: 155	Aggravated I just needed to vent for a minute. As most of you know, I have been waiting on a new puppy to replace my Maggie that died within a few days of getting her (RIP .) Well, the lady I bought her from ( which sells them with for her friend, the breeder) finally called me back today. She had told me 1 1/2 to 2 weeks ago the breeder had a female out of a different litter that hopefully I would be interested in. She thought she was @ 4weeks at that time. Well, I have been trying to call her and leaving messages since Saturday with no response. She finally called this a.m. The deal is, according to her which I tend to believe, is that the breeder doesn't want to give me the puppy because she only had two in the litter and she wants to sell them both . Lynn, the seller, told her that she needed to let me have first dibs on it since they owe me one. I have sent a letter from the vet and Lynn has called the vet and seems to be on my side, but the breeder is being very hesitant. Lynn said she even offerred to buy the puppy from her friend for me but her friend told her that wouldn't be right, but Lynn told her it isn't right not to let me have the puppy either. She told me she would call the breeder back today and see what's going on because now she tells me the breeder says she is just 4 wks. now. She said if the puppy is eating on it's own, she is going to do whatever she has to do to get it and keep it herself till it's old enough to go to assure I get to see if I want it. I'll feel really bad if she has to give the breeder any money for her, but I supppose that is between them. Am I wrong in thinking that? I mean, I paid good money for a puppy, plus a lot of money in vet bills and they owe me a puppy. It shouldn't be my fault the breeder doesn't own up to her end of the deal should it? Someone owes me a puppy and they should have to work it out between themselves, after all they are business partners, right? __________________ ~~~Gingi and Molly ~~~

03-03-2005, 07:07 AM	#3
Gingi Senior Yorkie Talker Join Date: Feb 2005 Location: North Carolina Posts: 155	Oh yes, there is definately a contract saying they would replace the puppy when one is available. Well, one is available! Thank you for your support, Ladylavendar __________________ ~~~Gingi and Molly ~~~

03-03-2005, 08:19 AM	#5
kindness_001 Yorkies LUV never grows old Join Date: Sep 2004 Location: Owensville,In.47665 Posts: 889	alaso use the words better business beaura. I am a breeder and she is responible for that dog. Judge Judy here we come. .. Also it don't say from same parents who'd want a puppy from 2 dogs that one died from. __________________ Megan, Killer, Cocoa Latte, and Ebony Lousie

03-03-2005, 10:22 AM	#8
Gingi Senior Yorkie Talker Join Date: Feb 2005 Location: North Carolina Posts: 155	Thank you for your support and advice. I know they owe me a puppy, I just hope the one that sold her to me doesn't have to actually pay the breeder for the puppy, but I guess that's her deal since she's business partners with her. I was talking with my brother at lunch and he was suggesting throwing around the word lawyer, but I was thinking this a.m., perhaps if I mentioned calling the AKC on her that might make her decide to go ahead and let me have first crack at the puppy. Yes, I do get to see the puppy and have the option to wait for another. Of course, I know I shouldn't just take the pup if I'm not satisfied with it, but from everything I've been told, I don't see why I wouldn't be - besides, they're all hard to turn down! And yes, this one is from a different mother and I'm not sure about the father. Anyway, your advice and support is really, really appreciated. I "hope" to hear more from Lynne, the seller, today. Keep your fingers crossed for me. __________________ ~~~Gingi and Molly ~~~ Last edited by Gingi; 03-03-2005 at 10:25 AM.

03-03-2005, 06:56 AM	#2
Ladylavender YT 500 Club Member Join Date: Feb 2005 Location: Soddy Daisy, TN Posts: 733	Absolutely, positively you are correct. Did you sign a contract that says they have to replace a puppy if in poor health or due to death from poor health? Then contractually they owe you a puppy and you should get first available, your pick! Otherwise, some one owes you some money. If the breeder does not want to honor the contract than the deal is off and repayment is in order. Hold your ground! Of course if there is no contract, then your ground is not so stable.

03-03-2005, 07:18 AM	#4
Ladylavender YT 500 Club Member Join Date: Feb 2005 Location: Soddy Daisy, TN Posts: 733	In that case, start having conversations with the broker that include the words: from the contract, verbatim; "do the honorable thing"; and "small claims court". You may need to point out that the contract states "replacement puppy when available", it does not state "at the convenience of the breeder". but also make sure the current available puppy is too your liking, because you don't want a puppy you aren't happy with.

03-03-2005, 09:42 AM	#7
Babbie Got Mojo? Donating Member Join Date: Oct 2004 Location: Miami Posts: 1,117	You are totally right...u deserve and should get a new puppy at no cost. So fight for your right...