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Discussion Starter · #1 ·
I have a few questions for everyone. I purchased a puppy a year ago. She is a great dog but not for Field trials. I hunted her the last part of the season and did great. thought well I should sell the dog and get another FT prospect. I had some people come look at her and really liked her. So we had a verbal deal PENDING hips OFA prelim were good.

Her hips were done yesterday and the are on bad. So the deal is off for her sale I called the breeder and he said let me think about it overnight and get back to you. I figured I would have her spayed (Already have appt.) and keep her in good shape and hunt her y not I have a year of time and money in her.

I get a call 20 min ago from the breeder and he will give me money back or a new pup but wants the dog back. He did not say that when I bought the pup said standard 26 month gaurantee. I do not know that many breeders any more that want a displastic dog back.

My point is I believe this fellow RTF'er should honer the gaurantee and either a pup or money back. I have a hard time giving a dog back that handles and does mulitple marks for them to possibly sell for me to be out a a year of training.

What would you DO?
 

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There is no "standard guarantee." Do you have one in writing obtained at the time you purchased the pup? If so, the dog needing to be returned should be stipulated in that contract. I know of at least one breeder whose contract used to (if not still does) stipulate that the dog has to be euthanized. Coverage of the situation would be however it is outlined by the document both you and the breeder signed, which could be anything from "yes, you can keep the dog, and have all of your money back plus I will help you with vet bills" to "too bad, sucks to be you."

If you have no contract, then there is only what you and the breeder negotiate now. By my offhand count, I've purchased my last 7 or 8 puppies with no contract. Every one but one (too young to know yet) has "washed out" for one reason or another, and I am not dissatisfied with the outcome of any of them. I admit I also fully accept that I am taking a gamble when I guy a pup, and I think I accept the outcomes (good, bad, or ugly) with good grace. :wink: I don't gamble where I can't afford to lose.

Good luck.

You could opt to forego trying to get any compensation from the breeder and sell the dog yourself if you believe she is worth money and recovering that's important to you.
 

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First thing I would is to make sure that the hips are bad. I have seen a lot of post about this in the past where after a another x-ray and reading the hips were OK. If you are confident with the x-rays and the reading and the Vet that took them, you have to decide what to do. The breeder might all ready know that a lot of people are not going to want to give the dog up. My vet says he has seen x-rays of hips that look like the dog would not even be able to walk, but instead run and play like nothing is wrong with their hips. Keep us posted with what you decide.

Flip
 

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I have heard of contracts where if the dog is not to be returned, then the seller will refund half your money with proof of spay/neuter.

Carrie
 

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The law is very clear on this. No lawyer but have seen it many times in court.

Judge Judy.:D

Unless you have in writing that you can keep the first dog if he comes up with a genetic problem,
For the warranty to be honored you can not by law keep the dog and the money. You will either have to return the dog to the breeder or buy another one. You can not have both.

In my sales contract I state that the Xrays must go to the OFA for an evaluation and i also have the choice to have my vet xray the dog. Then once it is certain the dog has below fair then i want proof the dog was nutered or spayed and then i must get the registration papers Or proof the dog was put to sleep.and the papers. before i will givw a refund only for the purchase price or replace the dog with the buyer paying all shipping costs.
 

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My feeling is if you can sell her for more than you paid for her then why would you need the breeder to refund her purchase price? It just seems kind of greedy to want to be able to sell the dog AND get a refund, all puppies are a gamble. It's rare that you could sell and recoup both purchase price AND training costs/time invested regardless of its OFAs and CERF. I offer replacement or money back for functional unsoundness providing the dog is spayed/neutered (no requirement the dog to be returned) and hasn't been bred. What I'd refund is a dog that's so bad off it needs to be euthanized or needs major surgery (or can't see in the case of eyes). In other words if the dog flunked OFA or CERF such that it wouldn't be a breeding candidate but would still be able to live a normal life then I wouldn't give a full refund. But I might offer the person another pup if it was a good competition home or try to work something out to maintain good will.

All this depends on what's in your guarantee and your relationship with the breeder.
 

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Unfortunately thats why you need to read the guarantee thoroughly before purchase. IMHO that is a way to get out of honoring a guarantee. I would never require return of the dog to do what, find it another home... because it has a home. All the breeder should worry about is that the dog does not reproduce. The other side is when people have dysplastic dogs, they may not tell the breeder because they realize they will have to return the dog, so you can't follow up on your breeding program. I kind of put that type of guarantee with the breeders that push the puppies out the door at 6 weeks without a vet exam. However, I agree with Julie, if you want to sell the dog then you can't ask for a replacement or refund.
 

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Discussion Starter · #8 ·
Thanks for the info. I have to decide either to keep or sell her. I am done dealing with the breeder I wont get another from anyone with out seeing guarantee first he just made a few calls and got advise this morning then offered me that.

She is already set to be spayed in a few weeks.
 

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Hi Kevin -- I can feel your pain. I have a 10 mo CLM that so far is completely healthy. My breeder (from VA) is well known and reputable -- has guaranteed my pup. If the pup has problems with his hips then I have my choice as to returning the pup to them or keeping the pup. If I choose to keep the pup, the breeder will reimburse me provided that I show proof of neutering. I think this seems reasonable. However, everything was written out in the contract when I purchased our pup. I have grown way to attached to the pup, not to keep him if things go bad.
 

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Guarantees are anything but. No one can guarantee anything on any dog outside their care.

Go with the breeder forget the guarantee...

Angie
 

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Written guarantee is the best. But even more than that is the quality of the person that you are dealing with. Even if you have a written guarantee and the person is they type that will not treat others like they would like to be treated you will have problems. The breeder should want to know if they have a pup from a litter they produced that is less than satisfactory physically and all they should want back from the buyer who in good faith paid them the money they were asking is the proof that the animal was neutered. Period. Legally the papers belong with the dog like a car title goes with the car. Full money should be refunded if that is what the buyer, who is the one that has been damaged in this transaction, prefers. If the buyer is interested in a pup from another breeding and aggrees to that instead thats fine. That should not be the first and only option given by the breeder. What you need to make sure of as best you can is that the breeder you are dealing with is in it not only to make money but to produce physically sound pups and to do what is right if something goes wrong later, and can't write the refund check fast enough after receiving proof that the animal in question has been neutered. Certainly this is after the breeder has been given ample reasonable proof from a Vet. that the claim is verified/factual. In the end it all boils down to how decent the seller and the buyer are as human beings. Hard to go wrong if you truly treat each other as you would like to be treated. Giving money back sometimes erases that rule it seems. I know that if I sell a puppy and it comes up with bad hips or something that makes the dog "damaged" goods I actually enjoy giving them their money back because I know how sick they are to have this happen to a dog they love, have spent so much time and money on. It's the one thing I can do to make them feel just a little better. It's only money, try taking it with you when you leave this earth!!!! Once again this is just one person's opinion and thoughts but that is what was asked for in the beginning of this thread.
Doggoneit
 

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Discussion Starter · #12 ·
I really never wanted or expected a full redund or replacement puppy. I think a partial rufund or choice of half price pup would be fair.

I have her spayed send proof of that and send back the registration I believe this is fair. Even if I decided to sell her you would not get the same price as an intact OFA Good or Excellent dog would bring.
 
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