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by vomsteinhund on 29 July 2009 - 05:07
She purchased a female with a co ownership. The deal being that the dog was to be title and puppies back to breeder. However in the 15 months she's had the bitch she has been in heat 5 times. Breeder suggested she go to a bredding specialist but my friend doesn't want believe that a bitch with that issue should even be bred. Her hormones are so "whacked" that she can't be trained. Runs off the field and such. She wants to return the dog and get her money back but the breeder wants to offer her another bitch from the same lines. She doesn't want to do that. The bitch was purchased as having basic obedience and ready for turns in her tracks and knew nothing. Contract states no refunds. Do you feel she is entitled to a refund because the bitch isn't at all what she thought she was purchasing?
by dogshome9 on 29 July 2009 - 05:07
I would never ever buy a dog on a co ownership, no refund deal, puppies back and for them to Title her also.
I think the breeder wanted her cake and eat it also.
Even when we buy a puppy we are not sure that it will become exactly what we wanted it to be.
by katjo74 on 29 July 2009 - 06:07
The contract was the contract; if your friend signed it, then unfortunately she/he agreed that IF it by chance didn't work out for whatever reason, then no refund is offered from the breeder. The breeder however IS trying to make amends in another way by offering something else. It's not the breeder's fault your friend doesn't like what's offered for whatever reason. Offering a different dog to replace the defective one actually is MORE than the "no refund" contract offers, if you consider it. The breeder could say "too bad" and not offer anything and still be well within their right due to the contract terms you've specified.
If the breeder goes breaking their contract for your friend, then they set a precident for all contracts the breeders have/signed, past, present & future. It could become a legal mess for the breeder.
Our opinion on the matter doesn't really matter. What the law will see is that signed document by your friend that says no refund if there's problems.
Sorry if this isn't what you want to hear. Your friend will be much more acutely aware of checking out things prior to making such agreements. Did your friend try the dog out to see how she performed obedience or ask for a demo with the dog/breeder prior to agreeing to the purchase/contract? I expect not-doing such may have avoided this situation altogether if the dog's performance ability was such a big deal to your friend that your friend would've not taken the dog over it. People go thru negative things in the dog world all the time-studs don't work out, valuable females turn out not breedable, expensive puppies turn out not so show-quality so they then end up having to be sold as pets, etc. We eat the financial loss and move on.
by Larrydee on 29 July 2009 - 12:07
by vomsteinhund on 29 July 2009 - 13:07
I guess there were a few other factors but that is the main idea. She should have had someone go with her when she looked at the dog in the first place so make sure the dog was what the breeder had said. I advised her to count it as a loss and never co own anything with anyone again. It was an expensive learning process.
Thank you for the few private emails, I will forward to her.
Thanks.
by snajper69 on 29 July 2009 - 13:07
by ziegenfarm on 29 July 2009 - 14:07
pjp
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