Help Wanted

[laurapepe]

The sales of goods act 1979 states that a commercial premises/breeder is responsible for providing an item/animal suitable for the purpose it was sold for.

As a non commercial premises the law states that the item/animal must be the brand or breed that it was advertised as and therefore if anything other that arises from this is not the non commercial sellers fault/responsibility.

Now the above is not a nice way to be or act and I have offered soloution after soloution, but to no avail, I have asked for proof and non has been given.

It is a very frustrating situation.

[laurapepe]

Also just checked the KC website and they state that there are currently no health tets required for accredited breeders of my breed.

Through my investigations into this condition it affects many toy breeds eg maltese etc and is rife amongst yorkshire terriers, breeders of those toy dogs are offered testing at a discount rate, however my breed is not offered testing compulsory or otherwise.

I feel I have acted properly and in a responsible fashion and I do not fall into the byb or puppy farm catagory.

I should not be given the label of either of those as my door is always open to the puppies at any time.

There is testing available, but how easy that is to get I o not know, it is not certainly something that is mentioned on any advertisments or breeders websites as being done and puppies being clear of.

[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.

[laurapepe]

I'm still waiting for the proof to be sent.

I am also aware that he has now been euthinised. I was only told after this had been done.

There were options availale for him ie: operation to fix this problem, but proof was not sent and he was not returned to me so I could help him.

I am disgusted that he did not get that chance.

I have been waiting months to get an outcome or take him back and all this strain is proving too much for us as a family.

[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.

[honeybee13]

I'm really sorry to hear that Laura. I think you did everything you could. They sound like unpleasant people to me and unreasonable with it.

 

HB x

[laurapepe]

Thank you so Much Honeybee and Hightail for all of your help.

I have learnt the very,very hard way, I would have done everything I could to help the poor puppy, I can still see his little face.

I am so angry and frustrated and we are still getting nasty emails, I don't know what more I could have done.

I thought I had correctly vetted these people and he was getting a fantastic home that he so deserved.

If he had been returned months ago, maybe I could have helped him and he would still be with us today.

I will never forget him, or this experience for as long as I live.

I had a similar experience years ago, but I was the buyer in the scenario an the breeder did not care. I have tried to offer what I would have expected in this situation.

Sadly I do not think that this tragedy is the end of the whole sorry saga and it will continue to blight the next few months.

[gemspan]

Hi Laurapepe

 

I am so very sorry to hear that the puppy has not been PTS and I truly am sorry that you had to go through this stress. Unfortunately, those are sometimes the things that happen when breeding.

 

I don't know what your breed is so I cannot comment what health screening is required - and many breeds have no recommended health screening requirements when they really should have. That is not your fault; it's the fault of the Kennel Club.

 

I think that people are good liars and you were clearly hoodwinked in this situation. Giving the other side the benefit of the doubt too - perhaps it was better for him to go to rainbow bridge if he was suffering.

 

I think you are somewhat misinformed about the Sale of Goods Act thinking that because you are not a commercial breeder you have no responsibilities. You sold the puppy as in good health but it turned out it was not in good health and therefore you will be liable in some way. I feel that you have been more than reasonable in this whole tragedy and if they do choose to take you to court then they will have to provide the evidence to back up their claim. The judge will not look kindly on the fact that they refused to give you this and refused your offers of help.

 

Please also remember that these people may have been under great stress when the puppy was ill. That doesn't excuse their behaviour but it does explain it a bit. I'm confused as to why they wouldnt give you the vet report though.... I've learned that some people are just strange!

 

I think you did your very best and you should now either write them a letter giving them 14 days to provide you with vet reports for your to consider and an amicable solution made or block their emails if they are sending you nasty emails. You can be forgiven for selling them a puppy you didn't know was ill and you do not deserve to put up with harrassment.

 

I haven't been trying to be hard on you; I have a lot of experience of puppies being sold and the potential purchasers going through heartache. It's not easy for them either but I consider that you have been more than fair so it's best just to put it down to experience and if they start a claim then come back on here for advice. I don't think that will happen though and I don't think a judge would look favourably on it even before it got to court.

 

Put this in the past now and think about Christmas and your family. It's just not worth it. You can easily block their email address so that it goes into your spam folder. I think its best to do just that and think about your family now. You have done everything you can. If they don't want to cooperate that's not your fault.

 

Gemspan

[gemspan]

I apologise. it should read that the puppy has been PTS.

[laurapepe]

What I object to is how people run to these peoples defence and say how terrible it must be for them etc.

I will tell you something now, I understand why breeders offer people nothing now as these buyers definatery take kindness for weakness.

They have caused unnessicary suffering to this animal and I hope they feel bad for the rest of their lives.

I offered them everything and never shyed away from any responsibility.

I think you need to check your facts as I have spoke with 2 solicitors who have qouted the sales of goods act to me and I am correct in what I said above.

Nevertheless I have been honest, and willing to help from day one.

There are some nice people in this world and I am one of them.

I did not know this puppy was ill...neither did they until they had it some time.

I am now being accused of knowing he was ill....when will it ever end?.

Carry on campaigning against the byb and the puppyfarms who sell sick puppies (knowingly) and lay off people like me. I am one of the good guys.

[gemspan]

Laurapepe....I am not laying into you. If I was laying into you, then you would know all about it. You have bred your pet dog. Why did you want to breed your pet dog? Why not just enjoy her as a pet? You've really angered me now. You do not know how many people just like you are out there breeding their pet dogs with no experience of the breed but are prepared to charge people money and to make a little extra money for themselves.

 

I don't know if you know about the dangers your put your pet dog through when you breed from her..... The fact remains that this dog became ill, you have done what you could and they have refused your offers of help.

 

Why did you feel you had to contact 2 solicitors when the first one would have told you what you say they told you? Why did you say there is no liver shunt in the bloodlines and then come back with the story about the AB scheme not requiring any health tests. Clearly you didnt even consider having health tests carried out before you bred from your much loved pet. Pets are pets....the only reason for breeding a dog is to better the breed. If you don't know the breed then how can you possibly know if you are bettering it if you didn't know there were no health screening recommendations until I pointed that out to you.

 

I have tried to remain civil to you but a BYB is exactly a person who breeds from their pets to make a little extra money. I would never dream of breeding from one of my pets....they are pets not cash cows....

 

I know what I am talking about and I sense there is a bit more to this story than you are letting on. I don't have to agree with you because by posting on a forum you are going to get varying responses. While some people may think its OK to breed from pets....there are others than don't and deal with the consequences every single day of the heartbreak it causes the people who buy the puppies.

 

I suggest you read the Sale of Goods Act very carefully. You have no evidence whatsoever to say that this person did not treat her dog properly and caused unnecessary suffering. The fact that he was born with a congenital and often genetic defects is what caused his suffering.

 

I'll leave you to ponder on that but don't respond to me because you clearly don't like to hear the truth!

 

Goodbye

Gemspan

[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.

[MARTIN3030]

Laura,I dont think any abuse was intended.

There is information in this thread that will be of benefit for others to read later,and it will be up to them to digest and take from it what they deem useful to themselves.

Often there will be differences of opinion and different views,as long as those views are posted in the true spirit of the forum,then everyone is happy.

Thanks to all those who contributed.

This thread is now closed.