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Questions about laws covering puppy purchases

jaclmickles
August 4th, 2008, 12:18 AM
This person that I recently met told me the story of a Great Dane puppy she had purchases about a month ago. She both the puppy from some woman (who didn't ask questions before she sold the puppy to this person). Also, the woman who purchased the puppy didn't know to ask a lot of questions. So, this person paid $550 for the puppy, went out and bought supplies, including a large kennel ($150), and got the puppy shots a couple of days after she picked it up. Two days after seeing the vet and receiving shots, the puppy died. This family had the puppy only a week.
The woman contacted the "breeder" (and I use that term loosely), and the "breeder" eventually agreed that if the woman were to find another Great Dane puppy, the breeder would pay for it. She said that she had no idea what could of happened and maybe the puppy got something from this lady's yard. (None of their other pets, including a dog, have been sick.)
Well, after a month or so, the woman found a puppy. When she tried to contact the previous breeder, she was unable to. The breeder stopped answering the phone when this woman called or her friends tried calling for her.
I asked this woman if she had anything that showed what she paid for the puppy, or anything else. Unfortunately she paid cash, and this "breeder" didn't require an adoption application or contract.

I've been trying to do some research on TN laws covering purchasing a puppy, but have not yet been able to find anything. Anyone here have any thoughts? I feel sorry for this woman and her family and would hate if they were out around $800 and only had sadness to show for it.

bethaliz
August 4th, 2008, 12:48 AM
That's awful. I feel so bad for the family. :cry:

I don't know much about the laws in your area, but I do know that here, there would be very little that could be done. :mad: Without a recipt or written contract, there isn't much any court here would do. They maybe able to press civil charges, but the most the woman would get is the purchase price for the pup. But by the time you pay to go to court, sadly, there's not much point.

Most breeders that I know, would have requested (and paid for them selves) an autopsy to find out the cause of death. If it's genetic they want to know. If that's the cause they refund the money and/or provide the buyer with another pup from another litter.

If the cause is neglect by the new owner, all the costs belong to the new owner. And they would not refund the money or give another pup to the owners.

It would all be in writting and would make court procceedings easier. Then again, they would have had the pup to the vet for a check, shots etc before selling it. And they would have done a more through home check.

This really is a sad situation.

jaclmickles
August 4th, 2008, 01:15 AM
Yeah, I'm pretty sure this "breeder" was not an actual breeder. The purchaser said the lady the puppy was bought from didn't ask anything about the purchaser, their family, or their home.
I feel really sorry for this family. The woman and her young children watched the pup as he died. It seems pretty obvious the breeder only cared about the money. The puppy the woman had found to purchase after the woman said she'd pay for a new puppy even cost considerably less than what the woman originally paid. That "breeder" just makes me sick. I wish there was something this woman could do. :sad:

bethaliz
August 4th, 2008, 09:22 AM
She's definately not a top notch breeder, not a breeder at all in my oppinion. True breeders care about where their pups go. My breeder, encourages her pet owners to stay intouch, getting photo's etc through the life of the dog. When there is an illess, she wants to know, in case it's something that effects her lines. She even pops in and visits the dogs she's sold.

One thing for this situation tho. The next time this friend of yours goes to purchase a pup, if she wants a pure bred, to look for a AKC/CKC (canadian) breeder. It doesn't mean that they are nessicarily responsible, but it helps. The main thing they have going for them is that there is a recourse in situations like this.

I recent friend of mine brought a pup. She doesn't want to breed, but she does want to show. So she bought a dog from someone she thought was reputable. She's since learned. However, the "breeder" she bought the dog from, sold her under the terms that the dog must be finished and a puppy must be given back to the breeder. Again, this woman doesn't want to breed. So the breeder never should have given her a dog she wanted bred.

Either way the dog was over a year old and my friend never got papers on the dog to show her. The breeder was pestering her for the pup back. So we encouraged her to go to the CKC, who told her that she signed for the pup back, so it has to be done. But they forced the breeder to get the dog registered so that it could be shown. The womans on suspension from the CKC (which means she can't sell her pups a prue bred, which is where she makes her money on these dogs). There are more things, and they are pulling her breeding reccords and she's up for banning. They also help with legal advice about how to address the situation.

If she's doesn't care about pure bred, then tell her to resuce. While there's no guarentee if the dog passes, they do provide support. The dog will have seen a vet. I'm sure they will help the owner get a new dog, if a similar situation arises. Acredation, goes a long way in helping

Jim Hall
August 4th, 2008, 09:44 AM
well nxt time take the $800 go to a rwscuer or a pound and buy a mutt
oh and leave your ego at home i will be glad to tell her that myself

MIA
August 4th, 2008, 11:09 AM
Some US states have puppy lemon laws I have no idea is TN is one of them. Check your local consumer branch. As for what your friend can do, well not much as it's buyer beware!!! If she's really upset she could sue civilly, for the cost but because there was no contract, no health guarantee no nothing she will probably walk away with nothing.

This is the problem with not researching the breeder you buy a dog from! I do hope that she has at least learned that you don't buy from just anyone with puppies.

I am sorry she had to go through all this but I do hope she shares her experience so that others learn as well.

hazelrunpack
August 4th, 2008, 02:30 PM
If the 'breeder' was also from TN, your friend might be able to get some money back through small claims court, but she'd have to be able to prove that she got the puppy from the 'breeder'. :shrug: