Please help Emma find a forever home

[chachi]

If you get $650 for her I will be amazed. I paid $600 for a pup here

[chattiesmom]

Originally Posted by Teiya

Chattiesmom,

I said I don't KNOW for sure what I can and cannot do at the moment. I AM looking into it.

If I can place Emma, she'll be spayed and placed for a modest adoption fee and that fee deducted what what I'll be asking the courts to obtain from the seller or handed over to rescue for proper placement. I'm hoping this is going to be the case, as it's the best solution for all involved. Hopefully I"ll have answers to that tomorrow.

If not, then I need to figure out a long term foster situation.

On one hand I had a lot of people telling me to pursue the breeder so she doesn't get away with this ever again. Everyone is tired of reading threads and stories about how breeders are ripping people off for their money. I can't do that if I don't go about things in the right, legal manner. What the legal system think is proper and what we think is proper can sometimes be 2 different things.

On the other hand, everyone is sitting here telling me to give the dog to rescue and just take the loss. This is almost $2000 of my money. While it may not seem like a lot to some, it is to me.

I feel like no matter what I do, it's not going to be right and no one is going to be happy. I don't think I'll be posting here anymore. I just can't handle being beaten up on anymore for something that never should have transpired in the first place. If the breeder wouldn't have pushed her problems onto me, I wouldn't be in this mess. My family and myself are going through enough over this and we've lost more sleep, time and money than any of you trying to decide what the best thing to do is. You don't know what you would do until you're in my situation and I pray you never find yourself here to be tried, judged and sentenced for merely wanting a suitable pet for your family. It's not fair to be treated like this and I can't bear to put myself through it anymore.

I wish you all the best with your Yorkies.

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.

[Ladymom]

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.

[Lexismom09]

Originally Posted by Ladymom

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.

Just in your opinion: do you think all of that would be worth the $2000 she is out? And legal fees on top of that? I know that is alot of money to most of us but stress and time involved would not be worth that much to me. Even to prove a point to the breeder. I am just thinking some things are not just worth it. Life is to short. Just trying to put things in perspective.

[chachi]

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

[Ladymom]

Originally Posted by Lexismom09

Just in your opinion: do you think all of that would be worth the $2000 she is out? And legal fees on top of that? I know that is alot of money to most of us but stress and time involved would not be worth that much to me. Even to prove a point to the breeder. I am just thinking some things are not just worth it. Life is to short. Just trying to put things in perspective.

It's always best if the people involved can resolve an issue without going to court.

[Lexismom09]

Originally Posted by chachi

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

That alone would be reason enough to not worry about the money. You cannot put a price on the safety of your family. If that is the case.

[Nancy1999]

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.

[manolos mom]

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..

Originally Posted by megansmomma

So the issue that I see here is the the OPer is too busy to drive Emma half way to Amanda. Amanda is willing to pay the $650, spay and foster or rehome her. If I was able to put together a transport to get her from point A to point B what is the issue then? I would be willing to use whatever means that would be necasarry to get her to Amanda without any stress to the OPer. There are transports done all the time just like this and she could be in Amandas home very quickly. Would you be willing to let me put together this transport if Amanda was willing to take on the responsibility of Emma's care, spay and rehoming? If you already have an ad in place and someone called today with the cash in had would you not let her go for the $650? IMO there is not one person that would be willing to pay this amount of money for Emma other than Amanda so why not just take what is offered and be done with the entire situation? Maybe you should talk this idea over with your husband and see if this would work. That way you will have $650 in your hand and Emma sold, spayed and your children and other pet will be safe from Emma's aggressive behavior. To me this would eliminate all of your problems and finally bring peace not only to your family but also to this board.

[jp4m2]

Did I miss something?? ... The last time I read the OP was out $1110 and now it's up to $2000??? 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....

[zorrolinchen]

Originally Posted by Teiya

Chattiesmom,

I said I don't KNOW for sure what I can and cannot do at the moment. I AM looking into it.

If I can place Emma, she'll be spayed and placed for a modest adoption fee and that fee deducted what what I'll be asking the courts to obtain from the seller or handed over to rescue for proper placement. I'm hoping this is going to be the case, as it's the best solution for all involved. Hopefully I"ll have answers to that tomorrow.

If not, then I need to figure out a long term foster situation.

On one hand I had a lot of people telling me to pursue the breeder so she doesn't get away with this ever again. Everyone is tired of reading threads and stories about how breeders are ripping people off for their money. I can't do that if I don't go about things in the right, legal manner. What the legal system think is proper and what we think is proper can sometimes be 2 different things.

On the other hand, everyone is sitting here telling me to give the dog to rescue and just take the loss. This is almost $2000 of my money. While it may not seem like a lot to some, it is to me.

I feel like no matter what I do, it's not going to be right and no one is going to be happy. I don't think I'll be posting here anymore. I just can't handle being beaten up on anymore for something that never should have transpired in the first place. If the breeder wouldn't have pushed her problems onto me, I wouldn't be in this mess. My family and myself are going through enough over this and we've lost more sleep, time and money than any of you trying to decide what the best thing to do is. You don't know what you would do until you're in my situation and I pray you never find yourself here to be tried, judged and sentenced for merely wanting a suitable pet for your family. It's not fair to be treated like this and I can't bear to put myself through it anymore.
$
I wish you all the best with your Yorkies.

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!

[speleogirl37]

Originally Posted by jp4m2

Did I miss something?? ... The last time I read the OP was out $1110 and now it's up to $2000??? Why does this amount you need to get back keep rising?

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....

I think she is adding the vet bills from Emma attacking her other dog.

[chattiesmom]

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.

[jp4m2]

Originally Posted by Nancy1999

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.

I have to agree, she should have gladly settled for the $850....

[jp4m2]

Originally Posted by speleogirl37

I think she is adding the vet bills from Emma attacking her other dog.

Well then, lets not leave anything out....