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If you get $650 for her I will be amazed. I paid $600 for a pup here |
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Bottom line, this is the RESCUE forum, you indicated that Emma needed to be OUT of your house immediately. That solution was offered to you at little or no cost to you AND you would recoop all the $$ that would result from the rehoming of her. If she is in fact your dog, then you can spay her. If you choose to persue legal proceedings against the breeder, you will have to keep Emma until the proceedings are over because I would imagine that if you "win" the litigation you will have to return her intact to the seller and you would be refunded at least a portion of the original sales price. |
I am a paralegal so until we hear back from the attorney Wylie's Mom contacted, I'll add my two cents. Obviously I have never seen the contract and don't know all the facts, so this is only my opinion. If the OP intends to bring a legal action against Emma's breeder, not only shouldn't she spay Emma, but she needs to keep possession of Emma and not sell or place her with a third party. The court will have to have a remedy to this dispute in order to decide it and most likely will consider returning Emma to her breeder for a full refund as one option. If the court does not have a remedy to grant relief, it will just dismiss the case. Another thing to consider is that a rescue group may not take Emma if there is a legal action pending as they might not be able to place her until the court decides the case. Can you imagine the nightmare if the court decided that Emma had to be returned to her breeder and she was already placed with a family? Sadly for Emma, if the court is asked to decide her fate, she will have to remain in limbo until it does. :( |
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I just thought in the last thread that the OP emphasized that Emmas aggressiveness was a threat to her children and other pets and she needed her rehomed right away |
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From the other thread, it sounds like the breeder offered to refund the purchase price of $850.00, but didn't want to refund shipping costs, and you refused this offer. I think this is pretty standard, and as far as the breeder misrepresenting the dog, how is that different than what you are doing in your new ad? I notice you show cuter pictures than you did here on YT, and you say that the dog is "very affectionate". Proving that the dog had food aggression issues before she was placed in your home will be very difficult; in fact, they could have started at your home. I think whoever buys the dog, will have a much more solid case on misrepresentation than you do. |
:thumbup::thumbup:Great post Jodi. Gina We are all strongly wanting you to consider this. Please Gina do whats right for Emma. Amanda is the Angel sent to help you.. Quote:
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Did I miss something?? ... The last time I read the OP was out $1110 and now it's up to $2000???:confused: Why does this amount you need to get back keep rising?... I can't help but think that this "aggression" issue with Emma is being exaggerated as well just to justify getting rid of her....... And I can speak from experience on losing money on a yorkie...We put out the purchase price for an adult, paid for the spay and then surgery for legg perthes ( which I was lied to about it by the breeder) and then ended up losing the yorkie a couple of days after the surgery,it was a total of about $1,300-$1,400 all in a couple of months time.... Not once did my DH or myself ever think of the money.... all we ever thought of was the yorkie and what was best for him and how we desperately wanted him back with us.........All we expected or wanted was to get a yorkie to love and dote on, but it didn't turn out that way......Sometimes in life that's just the way it it..... I thank my lucky stars my DH only wanted the best for our new addition and he would never put the money issue above that.....and no, we are not well off either, we're far from it.... |
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:confused: First you paid $1100 for and yet you have a loss of $2000 ??? Unbelieveable! Oh the poster above me was faster. He saw it too! |
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The original issue was: Is the dog pictured the same. All of these other issues cropped up later. I believe that it would be very hard to establish from internet pictures if the dog pictured was the dog received. If Emma's registration papers have DNA information then perhaps she could be DNA tested to verify that the dog is the same. Is the issue still whether or not the Emma in the picture is the Emma that was sent? Does Emma answer to her name? I would think it highly unlikely that the seller would have two very similar looking dogs that responded to the same name. I would be surprised if Emma's name was changed if she has been in her new home long enough for a new name to be well established. The buyer knew about the aggression issues, so tht shouldn't even be part of the continuing discussion. Judges and juries deal with fact, and since Gina knew in advance that Emma had aggression issues it would be difficult for a jury to award judgement against the seller for that issue. The topic of this thread is that Emma needs to be OUT of the buyer's house asap and Gina was asking for help in getting that done. She has a standing offer by Amanda. |
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