Need Advise re a pup I sold

[janmal2000]

what happend with this?

[janmal2000]

the court system is horrendous, you have my sympathies. i have to take someone to court for damage to my car that happened April 2010, the final hearing has recently been set for June 2011!!! i know my case has more complex issues than yours but it still took until Dec to get anywhere with it.

 

when i breed i too put in a contract stating pretty much what you said, no-one can predict the future and as such you can only state 'at this time'. i always though this was sufficient cover to cases such as this so im going to keep watching with interest.

someone tried to buy a male pup off me a few years ago and i just didnt get the right vibes, they stated pet home etc, i took a cheque deposit off them, but never banked it, something was saying ther was something wrong. after a few more emails and telephone chats it turned out they were going to start breeding, had just bought a bitch before coming to me (didnt tell me prior or for ages), then ended up slipping they had other dogs they breed. i cancelled sale, they threatened take me to court for cancelling the sale!

some people are not all there, and do try things on just for money etc. so good luck to you. glad you have had legal advice, please keep posting updates on here and if any issues arrive then maybe we can help you. the judges do tend to be very fair and balanced, esp if you get a switched-on one, its just very nerve-wracking and intimidating. you never know, she may even drop the case.

one thing to remember, if it goes all the way and awarded in your favour - you may be able to charge costs against her for your time spent defending the case!! (depends which method the claim gets processed through)

[janmal2000]

ok, leave the return of papers to as late as possible, i agree with that as its less time they have them to dispute what you say.

the fact you have agreed to mediation (and so far she hasnt/doesnt) will work in your favour. what are you going to do if she does agree?

put in your statement the date you date contacted the mediation service.

lay everything out in time-line in your statement what happened and include a copy of your contract of sale, which she signed.

refer to the wording in it 'at this time the pup was sold as healthy etc', any terms and conditions of return, and any future health covered. put in your medical evidence showing both parents were clear and you did the best you could to ensure pups were not born with hereditary conditions, but again at the time of sale, none were present.

print a good report of this condition off the web which will show that it doesnt present itself until xxxx age, and you were unable to predict the future.

are you able to get a report from your vet to also state this and to act as a character reference for you?

what about any of the other pups? are they all clear or do they have this condition - if clear then you can use these statistics showing x % minority.

also, any new owner references about you would never hurt to be added!

bombard the court with irrefutable evidence that you did everything in your power to ensure these pups were born healthy and would never have sold an unhealthy pup- which the pup was totally healthy when sold- and it was beyond your control that unfortunatly this little one has an eye condition that was impossible to predict at time of sale and not before xxx months.

also put in what you have done to resolve this complaint and why you feel that her demands are unreasonable.

 

if it does end up in the court, dont panic, its more daunting the more you think of it, but try keep calm, and we will help you through it as much as possible. if you post your contract, defence on here we can read through and guide you if needed