Defective Male-Any Rights? - Page 1

What are our general rights when it comes to contacting a 'world class'  breeder, informing them of the quality of puppy you would like to purchase/raise (competition and future breeding stock), and then getting sold a high-priced puppy who turns out genetically defective(cryptorchid) and cannot morally be bred thus for the breeding program is totally useless and thus not worth what was paid for him {If I'd wanted a neutered pet, I wouldn't go to a higher-end breeder to get one!}? I had this happen, and the breeder in return told me they wanted nothing to do with me, my dog, and threatened to sue ME for slander over the situation if I made public the situation, when every claim I make is veteriarian proven and officially documented. I even offered to give him BACK the defective male for another intact male instead of my money back but he refused. He feels his defense is no written contract between us(nothing states any guarantee, and nothing states the LACK of any guarantee). Whether there's a written conctract or not, are there some implied warranties when purchasing something for a certain purpose, or are you just screwed when something like this happens, especially when the breeder says clearly on their website that they stand behind their clients before, during and after the sale? We've really had our hearts broken over this mess and only AFTER we did business with this person did it then start coming out that he'd done similar things to other people. Any suggestions?

Had the same thing happen to me. If I had wanted a neutered male, or just a german shepherd, I would have gone to a local flea market..What state does this supposidly "World class breeder " live in?

The Buckeye State-Ohio.

You can write me anytime Katio.

"World class breeders" or "the world's best", it doesn't matter!

no lemon laws in the state? CA has a good one, check your state and see and sue.  Anja

hi Jan, i logged into the sight www.bloggen.be/hd but didn't see an english version. Can you help?

thanks.

cindy g.

Hi Cindy, thanks for asking.

This site offers a couple of links: http://jantie.demeyere.googlepages.com, most of them are in German.

The PowerPointPresentation however:  http://jantie.demeyere.googlepages.com/IndianavomWildsteigerLand.pps

is fully in Engish and gives you a brief summary of the life and death of Indiana.

Hope this helps!

Should you write me, I will be pleased to fully inform you.

Godspeed!

You probabl will have to end up in court for this.  Be sure to document everything, including printing out the pages on their website claiming that they stand behind their pups.  I would do tht ASAP before the site mysteriously disappears.

If nothing else is achieved from this, maybe you will be sure to have a written contract next time.  Good luck with getting the dog you really want.

Katjo74, in the absence of a written contract (that contains specific points) there is virtually nothing that you can do. And I know that some contracts are not worth the paper on that they are written. You say that you are aware that this breeder has performed this way in the past?

In order to purchase a puppy with some form of recourse, at minimum two (2) things must be done. (A) Investigate the past business practices of the breeder and (B) Obtain a written contract that is very specfic as to what it covers, realizing that for every item you wish to guarantee there will be an associated cost.

Of course one can do both of those things and more, and still get burned, and burned badly. As Jantie said, those stories are told her every month or so. You can publish what you wish about the individual who sold you the puppy, and as long as you tell the TRUTH and provide references to the ocurrence of each event it is neither slander (spoken) nor libel (written). Yes, he can threaten all he wishes, but has no legal recourse unless you speak or write a false statment about him or his practice. I know this does not stop him from making threats-as one can pop his mouth until someone closes it for him.

But, without a spoken (hard to produce!) or written contract containing specific points, there can be no breach of contract and the breeder is aware of this. You were sold a puppy "as is, where is" and that is just the way it is, unfortunately. I agree that it would be in the breeder's best interest to work something out with you, but without some form of contract to bind both of you there is nothing that he HAS to do. I wish you luck, but I think there is not much you can do.

Regards,

Bob-O