Consumer Law, Warranties Pedigree Puppy Contract

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debber

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TO WHOM THIS CONCERNS;

When I purchased my Golden Retriever Puppy (BERNIE) on June 16, 2008 at an agreed price of $575.00; the Breeder threw in a second smaller puppy (ZIGGY) for $250.00, a deal I could not walk away from.

The Breeder Stated that the reason for such a reduction in these originally $1,200 pups was first; the "state of the economy" and how no one is making large purchases especially puppies right now and second "because of their age" (15weeks old); he stated that the older they get the harder to SELL them. So according to him he would rather sell cheaper and get them a good home rather then just give them away to just anyone.

With the purchase from this breed came a 14 day guarantee of health (in a written contract) as well as a major health guarantee for 1 year against defects such as eyes, bones, hips etc. At the time of purchase the pups appeared to be healthy. The breeder told me they had diarrhea for about a week and he proclaimed it was from accidentally feeding them Wal-Mart DOG food and they had GI upset. But they had been on Iams brand for about 5 days and there should be a noticeable change in a day of two.

One the way home I made an appointment for our vet (The next morning, June 17th) to have them checked out and review the vet records that came with the puppies. They were not up to date with their shots; they had two types of worms hence the answer of why they had diarrhea. Bernie needed a couple of scrapping of his skin to rule out scabies. Honestly all were a surprise to me. My first trip to the vet was $405.00 to get the up to date with shots, first of three de-worming, diarrhea medicine, flea medicine, Heart worm medicine, and first of three skin scrapings for Bernie.

Four days into ownership (June 20th) we noticed Bernie's scratching had gotten out of control, he had become self focused and difficult to manage. After four days of constant biting and chewing at himself and another appointment to visit our vet, I notified the Breeder by e-mail (June 25th; copy attached); which was in the 14 day health guarantee time frame.

The follow up visit to our vet on June 26th (an additional $68.00), gave way additional skin scrapping, medications and cortisone shot. The scabies were negative but he was leaning toward possible allergies to some thing we may never know what it is. The vet could not say if it would life long or not. I e-mailed the breeder with the promised update from the vet on June 27th.

Even with all this medical attention Bernie became worse. He chewed and scratched until he was raw, he developed "Hot Spots" and a head to toe raised red body rash. He wined and cried constantly from the discomfort. E-mails to the breeder were daily. He agreed on July 4th to met at Yonkers Raceway and take the puppy (our first pick puppy) back to his vet to be treatment. He assured me that he was an honest man and that if the puppy was to be in poor health he would either refund my purchase price, allow me the ability to pick a new puppy from one of his upcoming litters or I could just keep Bernie.

The pick-up when smoothly, I had the breeder sign a document that stated the terms of our agreement (stated above), and I let him take the puppy. He stated to me that he had never seen anything like that in his life and his cousin (who accompanied him) agreed. They were going to call us Saturday night with the update.

On the Saturday night we had not heard from him so we called him about 11 pm. He stated that the vet gave him steroids, cortisone and antibiotics orally and topically. The puppy was shaved down on the head, under his ears and the underside of his neck and random spots on his body so he could be treated. He said he wanted to keep him for the week until the medication was completed. I asked then about the possibility of occurrence it being a lifelong problem. The breeder said that, that was unknown at this point. He also said if we do not want Bernie due to that 50/50 chance; and the fact that we did communicate within the 14 days health agreement, he stated the agreement still stands.

On Wednesday July 16th the Breeder called to set up a date if we wanted Bernie back, as we talked I stated we were a little hesitant about taking him back. We did not have an instantly concise decision for him. He said to take our time there was no pressure he understood what we were going through; he also added that Bernie had bonded with his family and was okay there if decided not to take him back. After two days (Friday July18th) we decided to arrange to meet at a half way spot for pick up. The breeder was thankful to us for giving Bernie another chance. The pick-up was suppose to happen on Sunday July 2oth. The Breeder was to call us to confirm a spot and time on Saturday for Sunday: He never called. For several days I tried to contact the breeder by e-mail, with no response. With the extra days to think it all out, we decided that it is a burden to start out with an allergy problem. We had a dog in the past with allergies and it is a long and dreadful road to travel. Not to mention expensive! So after long and careful thoughts toward a sensible answer I notified the Breeder by e-mail, several times (4-5 times) with no response. At this point the last time I had spoken to the breeder was Friday the 18th of July (almost 30 days ago). He never called to apologize for not meeting on Sunday the 20th nor call with a possible plan for a new date of pick-up. All correspondences have been from us since that call! How could he not be trying to contact us?? A call?? an e-mail?? Something?? At his point I am consumed with this problem. I wonder constantly about what I can do as a consumer. What rights do I have? He signed that agreement on July 4th with the stated choices. I choose not to take the puppy back at this point but how do I research the breeder to get back my purchase price?

Then it happened after numerous e-mails and message left on answering machines; I received an e-mail from the breeder. Stating he was sorry fro not getting back to me sooner (4weeks later). He claimed he did not get the e-mails until then because he does not use that e-mail address right now( due to no puppies to sell). I was shocked! What other way do I have to reach him??? Additionally he claims a different tune. Bernie is in a healthy state presently and he said he never said he would give our money back!! That's a lie! But is saying he can keep him if we do not want him but with NO refund to us! Then, here is the kicker if we would like him back we could let me know a time. He would check his e-mail to check for our reply. Funny he had not done that in weeks!!! Why would it be different now!

Very annoyed over this played out drama, I sent a one line e-mail to him on Aug 6th… Stating I got his letter and that simple we would be at Yonkers at 9 AM on SATURDAY AUGUST 9th to pick up the dog. I asked him to confirm by e-mail ASAP; the same address he would be looking at regular to correspond with us. Again we never got a response so the plan was smashed.

The only correspondences have been initiated by us; either e-mail or phone (his cell-mailbox has been full for several weeks and I'm unable to leave any messages. I have called every day, (between August 11- 15) trying to come up with a plan, willing to change planned dates and appointments to accommodate a potential pick-up. Everything I freed up, he would have some excuse of why he could not do it and claimed he had no flexibility in his schedule. Last night I sent him a e-mail to acct that he is supposedly watching fro our e-mails that said the ball was in his park and he should rearrange his schedule at this point and give us some options to . So here we are August 18th, 46 days after that puppy left our arms to be treated. We are strangers to him now! And his health undetermined in the future, but our backs are up against the wall….
What rights do I have? Any? What steps should I take???

Thank you, DEBBER
 
What is the bottom line here? I didn't read the whole post and skimmed it. I'm guessing that in summation the dog was not in good health. Basically it all depends upon your agreement. If there was a 14 day guarantee as you say, it seems that your best remedy for this matter is probably to file in small claims court, filing in the county of the seller. Best of luck and I hope your pooches are in better health and get well soon.
 
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