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  1. Good afternoon I am after help in regards to the sale of my French Bulldog puppy bought on 6/8/14. He was advertised as a pick of the litter and in good health.. He is kennel Club registered and the breeder is a Kennel Club assured breeder and I felt I did everything I could to ensure I was purchasing a healthy and happy puppy. I have a copy of his original advert, plus a copy of the contract I signed when I picked him up as proof of the sale The very next day I took him to his new vet for a check over and to get him wormed and registered, only to be told the devastating news that he had a heart murmur. The breeder denied that they knew about this and kept advising he had a clear vet health check ( i now have a copy of this check and there is no mention of his heart . bet states t was checked but if checked it should be on his notes...it isn't!) I instructed my vets to get all his vaccinations & the health check paper work from his old vets, to only be told more devastating news that the breeder knew he was ill at his 2nd vaccination, as it on his notes that he could drop dead at any time – I have a copy of this note as proof that the breeders knew ( she now states her mother took him and kept it from her - however she is the client at the surgery) Due to this non-disclosure my 4 week insurance i had when i picked him up is probably invalid, as his heart will be deemed as a pre condition, which wasn’t advised when he was purchased and insurance taken out on him. I am looking to sue the breeder for all his medical treatment and surgery My claim is made on the grounds that the item purchased (the puppy) was faulty (as confirmed by a heart scan with took place on the 14/8/14 ) and that they are liable for any misrepresentation or breach of contract under section 13 SOGA 1974 I have spoken to trading standards and the kennel club and it is confirmed to me that the breeder is liable if they sell a puppy that is defective. (BUT IS THIS ONLY IF THEY ARE A BUSINESS ?- she has a website and a shop on her premises but she states here kennels aren't a business) This is law under Section 13 of Sale of Goods Act 1979. Even if the breeder carries out all the health screening required for their breed, if they sell a puppy that is defective they are still liable to either refund the purchase price on the return of the puppy, (which due to the fact, he is now a much-loved member of the family, this would be impossible to me, as it would cause me the highest level of emotional distress to return him - however she did offer this, but i said it was not possible) or to pay to have the puppy's defect fixed - which is my intent. I understood it that if the purchaser does not have to return the puppy under SOGA 1979 but is entitled to do so. If they wish to keep the puppy then they can seek reasonable damages i.e. the cost of operations or medication to put it right. Anybody who breeds more than one litter is a breeder/trader (even breeding just one litter does not absolve the breeder from their obligations under consumer legislation) and therefore even if they did everything possible to protect themselves from producing any health defects in their puppies, they will still be liable unless they pointed out the defect prior to purchase. Which they did not, even though it was in writing from their vets. - BREEDER ADVISES SHE IS NOT A BUSINESS JUST A HOBBY BREEDER WILL THIS MATTER? The puppy has undertaken 2x full heart scan and is now getting ready for surgery in September. All of these medical interventions will cost in approx of £6000.00 , as still awaiting estimate for surgery ( £1000= has been spent on heart scans to date) Please can you advise where I stand on trying to get back some of my money please. I have sent a letter to the breeder outlining all of the above , another another letter outlining all costs i wish her to pay, plus now a letter before court. Once his surgery has been complete i will have invoice for all bills and will proceed to court if you feel i have a case but any advice on where I stand legally would be a great help please
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