Author Topic: Legal Action against Breeders?  (Read 14337 times)

Offline groomez

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Legal Action against Breeders?
« on: July 13, 2005, 04:30:42 pm »
I have a 18 month old newfoundland puppy who has had 6 total operations. 5 on his eyes, and 1 TPO on his his good hip. I admit, I bought the dog when I moved to a new city with the only breeder I could find easily. I thought I did the proprt research, but after 6 visits to the vet with allergy problems, eye problems, and clicking hips, I joined a Newfoundland club that told me the truth about the breeder. This breeder did not do the proper joint and health certifications on the dog and mated the dogs more than they should be. Granted I did not want a show quailty dog, but with upwards of $10,000 spent to date, and the poor quailty of life my dog has, I need advice on legal action.  I did sign a contract with the breeder, which covers her in most cases. That is where I need any advice. The state I live in does not have a puppy lemon law, but her contract mirrors most lemon law's in the country. I am seeking action becasue although she does have a sound contract, she does not live up to the standards that would warrant such a contract. Any advice would be wonderful!!! Thanks for reading!

Offline Kermit

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Re: Legal Action against Breeders?
« Reply #1 on: July 13, 2005, 04:43:40 pm »
Maybe there is a lawyer who has experience with this kind of case, although I wouldn't know how or where to find someone like that. Maybe through some kind of humane organization. I just wonder do these "breeders" realize the problems they are creating??? Is it really worth the money to live with that in their conscience??
I am so sorry for all the problems you have had with your dog. I feel so lucky my rescue mutts have been really so healthy.
(By the way it is pretty hard to keep a straight face seeing that picture you have of your newf!)
Good luck! May the force of justice be with you!

Offline jabear

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Re: Legal Action against Breeders?
« Reply #2 on: July 13, 2005, 05:46:54 pm »
I would ask your Newf Club for any help in this area. I am sure there is bound to be someone in the club knowledgable enough in this area. And yes, you need to get a lawyer ASAP! What state do you live in?? I will forward this message to some Newf people who are very knowledgable and great dog people. They have held several positions in our Newf Club so hopefully they can help me help you!
Hugs,
Jaime
  Mom to one handsome black Bear.

Offline groomez

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Re: Legal Action against Breeders?
« Reply #3 on: July 13, 2005, 10:19:24 pm »
I live in colorado. I also thought about taking the breeder to small claims court, because the the odds are better there. The whole thing seems like a touchy subject it seems. I also posted a complaint on Tom Martinos trouble shooter web site, which I encourage all of you to do, the breeder also breeds horses and she is already posted on that site for trouble with them.

Offline moonlitcroatia

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Re: Legal Action against Breeders?
« Reply #4 on: July 13, 2005, 10:36:42 pm »
Is there a health clause somewhere within the contract?  If so, what does it say?  Does it say anything, anywhere about a health guarantee?
I think dogs are the most amazing creatures; they give unconditional love.  For me they are the role model for being alive.  ~Gilda Radner

Offline moonlitcroatia

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Re: Legal Action against Breeders?
« Reply #5 on: July 13, 2005, 10:51:08 pm »
Hello,

I've posted an article regarding an actual case where a purchaser takes legal action against a breeder due to hip dysplasia.  There may be some useful information in it.  It is under the heading "Article Regarding Legal Contracts for Breeders" and it may underline some of the crucial points of the contract.

I know there are a lot of irresponsible breeders out there.  But, then there are also those who do everything very carefully and they can never control the genetic tendencies toward certain maladies.  Somewhere, somehow these conditions show up and I do think the breeders should take some responsibility and be aware of the situation, but at the same time there are some who try very hard to create healthy pups.

But the ones who do not care...that's another story.
I think dogs are the most amazing creatures; they give unconditional love.  For me they are the role model for being alive.  ~Gilda Radner

GYPSY JAZMINE

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Re: Legal Action against Breeders?
« Reply #6 on: July 14, 2005, 01:44:14 am »
Moonlit, You are very logical & informedl...& I love seeing a post that covers all sides of the story...You totally rock! ;D

Offline groomez

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Re: Legal Action against Breeders?
« Reply #7 on: July 14, 2005, 01:54:36 am »
The contract is as follows,
The animal is guaranteed to be free of hereditary defects visible by 24 months of age, including heart murmurs. Determination of what constitutes a hereditary defect is to be by the unanimous agreement of two veterinarinans agreeable to both parties. One of these veterinarians to be a tenuted faculty member of an accredited university teaching hospital or Board Certified in the applicable specialty. Cost of the opinions are to be assumed by the buyer. If the dog is found to have hereditary crippling defects, seller has the option of refunding 50% of the purchase price or, of replacing with the next like available prospect ot mutually agreeable animal provided the living dog and it's registration papers are returned to the seller.

I have notified the breeder of these problems, and after getting mad, she said she would give me $500 without having to return the dog, but I did not think that was good enough. I have also had a Board Certified Vet send his analysis to the Breeder's vet. He recommend never breeding Eddy's parents again. Again, the breeder, when called will not talk to people who ask about the hip certification.

Offline brigid67

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Re: Legal Action against Breeders?
« Reply #8 on: July 14, 2005, 04:21:04 am »
Ok  - now i am all freaked out.  My new little Dane pup - Willow is from a breeder.  I have never bought a dog before in my life.  My ankle biters were gifts.  How do I know now that everything will be ok.  I really liked this breeder.  Although I have not met her personally.  We have talked several times for hours on the phone.  She has been raising her dogs holistically - which I believe in.  I just have a really good feeling about her and her dogs.  She seems to really care.  But now - how do I know???  My pup is coming from Canada.  Which is a long way and not so easy to go see the parents.  Although the pictures of her Danes and her horses look good.  Her danes live in her home including the pups with her family.  Her Mom breeds Holistic danes for show mostly.  she has stated to me that she really researches all of the health lines.  She also stated that she has only had one pup in 60 with a serious medical condition.  And it happened to be one of the pups that she kept.  She also has a whole interview with you before she decides to let you buy the pup.  It just feels right, but them maybe I am thinking with my heart and not my head.......

Offline RedyreRottweilers

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Re: Legal Action against Breeders?
« Reply #9 on: July 14, 2005, 06:55:53 am »
Your contract is clear.

You are entitled to half your money back, or a replacement.

Unfortunately, there are no guarantees in breeding dogs. Even breeders who test carefully and only use normal dogs can produce dogs with genetic issues. Using normal dogs is our only tool with many health issuesl, and still there are no guarantees.

It's up to the BUYER to research and find the best breeder possible.

I am so sorry your guy has problems. The only good thing about hip issues is technology today makes it possible to help most dogs if the money is available. However, it IS expensive.

A huge red flag is a breeder who requires the return of the original puppy for a replacement. I think that is reprehensible. If someone WISHES to return a puppy that is a different kettle of fish, I will ALWAYS take any dog I have produced back no matter the circumstances. However, if I produce a puppy who is having issues, and the puppy buyers would like a replacement puppy, I would NEVER require them to return their puppy. I would only require proof of spay or neuter.

Get your 50% of your purchase price returned to you, and chalk up your experiences to lessons learned.

So sorry about your poor guy, it's so very sad what some people do. I have seen people make it their business to let it be known what some "breeders" are doing tho. Maybe instead of suing in court, you could use the money you would spend to do that to run a little educational ad in your paper. "Free breed information, etc". When they call, you can give them a list of good breeders, or direct them to the Newf club people. The person (notice I don't call them a breeder) you got YOUR pup from would obviously be missing from your list of recommendation s.

;)

Redyre Rottweilers
redyre@carolina.rr.com
No part of this message may be forwarded without my permission.

Offline moonlitcroatia

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Re: Legal Action against Breeders?
« Reply #10 on: July 15, 2005, 09:29:35 am »
The idea of "returning" a puppy in exchange for another has always irked me.  I would never do that.  It doesn't make sense to get rid of something one loves not knowing where it will go and how it will come to be.  And, for me, this implies that the pup is "replaceable" and I do not feel their lives are exchangeable like this.  I can never do that.  With Greta and all of her difficulties I just took care of everything that went wrong.  I do not feel, in this case, that the breeders made a mistake or bred "bad" dogs.  They flew all the way to the Nederlands to find her father, so they were being very careful.  Genetics are so unpredictable. 

But, there are clear warning signs that something is not "ethical".  Some breed dogs for profit.  They don't care about life...the value of it.  Evil people that they are.
I think dogs are the most amazing creatures; they give unconditional love.  For me they are the role model for being alive.  ~Gilda Radner

Offline taijinrr

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Re: Legal Action against Breeders?
« Reply #11 on: February 04, 2006, 04:16:28 pm »
I have a 18 month old newfoundland puppy who has had 6 total operations. 5 on his eyes, and 1 TPO on his his good hip. I admit, I bought the dog when I moved to a new city with the only breeder I could find easily. I thought I did the proprt research, but after 6 visits to the vet with allergy problems, eye problems, and clicking hips, I joined a Newfoundland club that told me the truth about the breeder. This breeder did not do the proper joint and health certifications on the dog and mated the dogs more than they should be. Granted I did not want a show quailty dog, but with upwards of $10,000 spent to date, and the poor quailty of life my dog has, I need advice on legal action.  I did sign a contract with the breeder, which covers her in most cases. That is where I need any advice. The state I live in does not have a puppy lemon law, but her contract mirrors most lemon law's in the country. I am seeking action becasue although she does have a sound contract, she does not live up to the standards that would warrant such a contract. Any advice would be wonderful!!! Thanks for reading!

so sorry, but,,,,,,,,,,, always do your home work
ask Q,s get hip/elbow info  ask about other people who bought from this breeder
just because it has papers, dosnt mean its a quality dog

i am so sorry for your dog,and you,,,,,,,,,,,,,,buyer beware
TAIJIN Rhodesian Ridgebacks

Offline LuvmyMal

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Re: Legal Action against Breeders?
« Reply #12 on: February 04, 2006, 08:31:29 pm »
I hate to hear that, it is tough especially when you buy your first purebred. I have had numerous dogs in the past, however, my mom always purchased them or they were mixed breeds. When we got Tonka, we were referred by someone who had purchased 2 pups from a previous litter and they were very happy with the breeder. When I found out Tonka had IBD one of the first people I called was her, she offered to help me with the expenses if needed and felt horrible, but none of her puppies out of 3 litters has had this problem before. I told her I just wanted to let her know and I would keep her updated.  This is a rare instance from what I have heard from people around here regarding her kindness.  It took us 3 months to find a good breeder with Tonka and 4 months with Nala. It is hard seeing how some of the people are just out for the money and could care less about the dogs...one big hint that they cared was when they asked for references including my vets number and wanted to see pics of our backyard and fence to make sure we had enough play area for them.

Offline taijinrr

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Re: Legal Action against Breeders?
« Reply #13 on: March 19, 2006, 01:01:05 am »
I have a 18 month old newfoundland puppy who has had 6 total operations. 5 on his eyes, and 1 TPO on his his good hip. I admit, I bought the dog when I moved to a new city with the only breeder I could find easily. I thought I did the proprt research, but after 6 visits to the vet with allergy problems, eye problems, and clicking hips, I joined a Newfoundland club that told me the truth about the breeder. This breeder did not do the proper joint and health certifications on the dog and mated the dogs more than they should be. Granted I did not want a show quailty dog, but with upwards of $10,000 spent to date, and the poor quailty of life my dog has, I need advice on legal action.  I did sign a contract with the breeder, which covers her in most cases. That is where I need any advice. The state I live in does not have a puppy lemon law, but her contract mirrors most lemon law's in the country. I am seeking action becasue although she does have a sound contract, she does not live up to the standards that would warrant such a contract. Any advice would be wonderful!!! Thanks for reading!
am so sorry for you and your dog
but, please, always check the mother club and the breeder before purchusing any pup. ask if ofa, eyes, thyroid check, etc, depending on the breed's most common problems. i do hope your dog gets better. so sad and shamefull, that a beautiful animal should suffer because of greed.
TAIJIN Rhodesian Ridgebacks

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Re: Legal Action against Breeders?
« Reply #14 on: July 28, 2006, 12:43:21 pm »
Redyre?  Is it you back from the dead?  Walks like you, talks like you, if so, welcome back!
 :)