Breeder Contracts and Warranties


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Breeder Contracts and Warranties

I notice that breeders use contracts that replace the pup instead of reimburse for medical expenses in the event a warrantied condition Adminses. As most owners become attached to pups quickly, and aren't about to give back their newest member of the family, it seems that such a contract pragmatically removes financial responsibility of the breeder for selling a defective dog -- that is, most owners will treat the dog rather than return it to the breeder, leaving the owner without any recovery of expenses. By comparison, most other sales with warranties cover "repair" costs. Is my assessment on target, and is there a way to recover medical expenses when a warrantied condition Adminses? Thanks. Rick

"Lemon Law" - this is a little long, sorry...

The state of NY has a Lemon Law on the sale of pups.

We purchased our pup at a pet store (yeah, yeah, I know) and in accordance with the law, we had up to a certain number of days to have him checked by a Vet of our choosing for any illness or defects. We took him to a Vet in Manhattan where we live for his exam, and the vet diagnosed him with Kennel Cough & Pneumonia.

The pet store offered 1. exchange him (yeah right), 2. treat him themselves, (they are NOT licensed vets or authorized to prescribe medication), 3. re-imburse us for our vet costs.

They of course pushed very hard for us to bring him back to them for treatment, but there was no way I was bringing him anywhere near the pet store again, and returning him was NOT an option so they had to reimburse us for our vet bills (which amounted to $1800), which to their word, they did within 30 days of us presenting the bill to them.

I would imagine that if a state has the same Lemon Law in place that it would be applicable to breeders as well, even though the breeder may not make that known to you, although it seems to me that most of the reputable breeders (many of whom post on this site) are more concerned about the health and wellness of the pup so they should be willing to do anything to make sure the pup and the new owner were happy.

You might want to check somewhere in your states law statutes to find out if it would apply. I don't have my paperwork with me at the office, but I can pull it at home and let you know where I found the info.

You can send me an email if you want more info and I'll get it to you tomorrow.

I don't know about others...

but I don't take the dog back unless the person insists on it and I still give them a replacement pup or older pup if I have one they want at that time or at a later date. Basically, I try to accomodate to what they want most....so they can wait until their bully passes away, and I will replace it with a free pup or I will give them a pup from the next available litter or if I have a pup or older pup/adolescent that I may have been growing out for show but will not make it, and they would want that dog, they can also take that dog. I have paid part of cost if it was shortly after pup was with them and it was not life threatening condition but I may still have felt responsible for part of it. I had a pup I sold that had a little bump or pimple on the eye...it turned out to be an eyelash cell and I split the cost of vet exam and surgery with them...they knew it was there when they took the dog and decided to take the gamble to see if it just went away...it didn't so we split cost.
So it depends on the breeder and when things happen and their own policies.
Lorraine

Re: Breeder Contracts and Warranties

I sent a message in to this forum when we first obtained our very first Bulldog. It is under (no testicles) if anyone wants to look at it.This message is for anyone that cares about breeder contracts and warranties .

We informed the breeder that our pup who was suppose to be show quality was born with no testicles. Which by the way we found out is called crypt-orchid. Considered a heredity 'birth defect' . At first the breeder claimed they would pay half of the surgery and only after I took him to the vet and had it in writing that he was crypt-orchid. We took him in for a full physical which showed the condition and also other conditions he had...and everyone who reads this forum has heard of these other conditions multiple times from multiple people .. severe allergies ...cherry eyes and . Which I understood could happen with this breed. But after I sent the breeder the veternarian report they calmly wrote back..We have put much time and consideration into your request. We have decided that we are going to have to honor your original puppy guarantee. You must return Tonka and he will soon be replaced with a puppy out of our next litter. We generally replace a puppy with a puppy of our choice that is of equal value. However, have decided to give you and your family pick of the litter, being a male of course. We also feel that Tonka would be better off here with us, where he can get his need medical care from a vet that is familiar with this breed. He will be placed into our rescue program where his needs can be assessed and taken care of.

Of course I was stunned and furious..not to mention that the letter also went on to say looks like to us he could have a flea problem and do you keep him outside etc...insinuating we were not properly taking care of him, and to top it off now they were not even going to honour half the cost to neuter him.I again wrote them and said, The Veternarian report was sent to you to clearly describe the conditions Tonka has.
It stated they feel Tonka seems to have allergic dermititus or mange. This is what has caused him stress and scratches.

No where on the Veternarian Report did it say that they thought it was Flea and Tick Investation.
They even took pictures, so it could be used if we needed it.
The vet will write a statement concerning Tonka's condition and what he felt it is in writing.
We put Tonka on a heartworm preventitive that has flea ,roundworm ,and heartworm all in one.It is called Frontline.It was recommended by the vet. You are totally wrong in your assumptions.

I am appalled you could even think ,what you are asking ,concerning the letter and phone calls I have made to you about how much we love and care for Tonka.
I am totally offended when you say you can return him and we will place him into a rescue program where his needs can be assessed and taken care of. We have given him and taken care of him thouroughly and our vet is very capable of diagnosing and performing any medical needs he has.That is why we chose to take him to that veternarian.If you have any questions of the veternarian report you need to contact the vet directly.As we are not veternarians ourselves we simply paid for a professional evaluation. We feel Tonka does not need to be rescued.He is not a orphan.He already has a family and a home and is attached to everyone in his home.We do not have to put alot of thought into our decision as he has become part of our life.

I remember when I first told you about Tonka having patches of skin irritation and loss,you stated that Tonka's father had allergies when he was young and not to worry about it,he would grow out of it like his father.So we did not worry we just assumed he had allergies to something.But when it did not dissappear and after you said that his testicles should have dropped by now,we decided to have a full physical on Tonka,as his cherry eye started developing into the other eye also by that time.

We have loved Tonka and give him the best of care.Never have we allowed him to live outside,he has always been in our home and lived with our family.
There are alot of people that would not be willing to sacrifice the kind of money that would give Tonka a normal life. Which you have the estimates are around several thousand dollars.
They would just return him.We offered to pay this and keep our dog,out of love,even though we paid $1800.00 for a Show Potential pup.
We asked you to pay for the neuturing as we felt this was a sure breeding problem.That was more then fair. $260.00

Because you have tried to turn this on us about some nonsense with flea investation,we will now make a choice to take this to other measures.
.
l honestly gave you the benefit of the doubt on this whole situation with Tonka.I thought you would be fair .
I really no longer have faith in you and that you would do the right thing at this point making the kind of statements you have made concerning this situation.
I am truly dissappointed in you as a breeder and definitely feel your main concern is not Tonka or your breeding program or honesty or fairness .......I am not going to return him to you as I have previously stated..I have bought and paid for him and honoured our agreement.You could have made a concession to your agreement concerning he has no testicles and we are willing to keep him as is.It would save you money..But you are being unreasonable and forcing me to go the next level.

To return him would be unfair to him and to us,he loves us as much as we love him,I have told you this.At this point ,we do not care about the money.We would not like anyone else to be forced into making these kind of decisions(giving up their pet over testicles,who can be surgically fixed) and being wrongly accused when you know the love we have for him.

Unbelievable over $260.00 when we paid you $1800.00 for a show potential pup.Who should have at least had testicles.You should have been more then willing to pay for this because it is clearly genetic and your breeding program. We will definitely seek other measures.

Guy & Virginia Young.

I am hoping this is printed for everyone who has ever had problems with breeders......


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