Help Wanted

[hightail]

There's not much you can do if they are just after money other than wait for them to take you to court and they won't get far there without a full set of test results and a veterinary report. Have they named the condition?

 

Everything has a genetic component so in a way everything is 'inherited'. My dog had cancer at 10 years old and others from the litter probably didn't because their genes were slightly different. Some are simple enough in that it's a case of not doubling up on recessive genes that cause disease but others are a case of what falls out of a complicated genetic mix. The former are avoidable and unforgivable when breeding. The latter are just the luck of the draw.

[hightail]

I don't know how much more I can take as they are saying he doesn't have long to live again.

And if he does live for a long time where do their demands end? You need to make it clear to them that you offered to refund them the purchase price on return of the dog some time ago. Either they 'reject' the dog and get their money back or they've chosen to take on the responsibility themselves.

They also said that the owner does not have much money and cannot afford to take the test

I'm frankly astounded at any vet (or their receptionist) discussing a client's financial situation with a third party. They have no right to do so and in any case they can't possibly know whether the owners are paupers or rolling in money. The vet was quite right to refuse to speak to you without the consent of the client and the receptionist was wrong to do so. If they want to take it further they will have to produce the evidence and if there is a definitive test no vet will testify that the condition exists without it.

[hightail]

I suggest you read up on the condition - here's one link but of course there will be plenty of articles.

http://www.malteseonly.com/shunt2.html

Without knowing which of the many vague and varied symptoms which can manifest themselves with this condition they treated it's impossible to know if it is indeed a liver shunt. If the vet sent a compliment slip saying the dog had responded to treatment I can only suppose he sold the client some expensive specialist food which is unlikely to have worked in isolation for the condition they're claiming. Complete before and after blood and urine panels would be needed and wouldn't in themselves be definitive proof.

 

It isn't unheard of for vets to want to test for everything. They can be quite good at suggesting a worst case scenario which maximises profit and owners don't question it as they're so relieved when everything comes back negative. Are you sure this dog isn't simply prone to an upset stomach?

[hightail]

They say that the vet has given them special food and tablets to 'keep the dog alive'

This is extremely vague. What's more this is an ongoing condition so are they expecting you to pay all future costs? Special food and some tablets wouldn't cure the condition - it has to be managed for ever. I think you need to toughen up and insist they return the dog for a full refund. If you can afford the couple of hundred quid vet bills to date on top of this then you can agree to pay previous reasonable treatment & prescription costs on receipt of an itemised bill. Don't just agree to pay the bill as there may be all sorts of things on there which are not prescription items or necessary.

[hightail]

Trying to negotiate with them has done you no favours. Stop doing it. Until and unless you have a complete breakdown from the vet you don't owe them anything. They could produce this if they wanted to. Threats of further action are meaningless.

[hightail]

This was a private sale and SoGA doesn't apply (other than an accurate description being a requirement). If you are producing pups purely for commercial gain then you are a business and SoGA would apply. A decent breeder would obviously take back a pup which had a proven inherited condition within a reasonable time though.

I don't have to pay them any money towards vets bills as this was above and beyond my responsibilities

true but you've offered now - this is why constant to-ing and fro-ing isn't a good idea. You've effectively been encouraging the harassment, like feeding a troll.

[hightail]

Consumer Advice didn't fully understand the situation. I've been breeding for over 30 years

[hightail]

It's very difficult to advise someone when they've already gone part way down a route I wouldn't take. I'd not go in for any further communication to be honest. If they do want to 'take it further' they will have to provide full veterinary evidence. If there was any reasoning on their part they would already have done so if they have it. I honestly think they're just trying it on.

[hightail]

Actually, as the breeder of the puppy and you sold it the Sale of Goods Act does cover this

Only in part - it mustn't be misrepresented which effectively means for hobby breeders that you mustn't say an animal is a pedigree if it isn't. It's very simple, on production of veterinary proof that the animal has an inherited condition which became apparent reasonably soon after purchase you repay the money if you're a half decent breeder. For some reason this buyer doesn't want to produce the evidence.

[hightail]

Very sad and a hard lesson learned. I often hear about breeders being totally unreasonable in the way they interrogate potential owners. Now you know why. I turn away over twice as many people as I accept, far more if you count the initial enquiries made by email which never even progress to getting my phone number for a chat before I decide if they can get to the all important visit stage. I probably turn down a lot of perfectly good homes but better that than I take the slightest risk of a bad one slipping through the net.

[hightail]

Please don't get upset. People have bees in their bonnets and need to make what they see as 'facts' fit their own prejudices. There are no facts in this case as the owners wouldn't furnish any. The very statement you got from the vet saying it must be that because the dog responded to treatment is highly suspicious as a simple in-house blood panel would have shown known irregularities and it's simply impossible that any vet would even suggest the condition without such a quick, simple and inexpensive test. Even if it was a liver shunt, in most breeds it's polygenic - just the bad luck of the mix of many genes and not something any breeder could know in advance though it would be prudent not to repeat the mating. Different in large breeds when it is a straight recessive gene.