Squinter Posted June 22, 2012 Author Share Posted June 22, 2012 What contract, she was meant to post everything to me and I got NOTHING. She never replied to my contact when I was trying to find out what was going on with the stuff. Like as soon as she got her $ she couldn't be bothered answering emails or returning calls. Before that she was quickly replying to everything. Link to comment Share on other sites More sharing options...
tlc Posted June 22, 2012 Share Posted June 22, 2012 Thats aweful, I would have thought you would have read and signed a contract before the money changed hands? Do you know if she is even registered? Link to comment Share on other sites More sharing options...
Squinter Posted June 22, 2012 Author Share Posted June 22, 2012 Yes she definitely is and has been for many years, although she has changed breeds. I have lodged a formal complaint with the registering body as well. Link to comment Share on other sites More sharing options...
dancinbcs Posted June 22, 2012 Share Posted June 22, 2012 Yes she definitely is and has been for many years, although she has changed breeds. I have lodged a formal complaint with the registering body as well. Getting hold of the papers is vital otherwise you don't even have proof who the dog is and that you are the owner. Do you at least have the microchip papers? Once you have them and have sorted it out legally, then I would name and shame the person involved. People like that give dedicated dog breeders a bad name. Link to comment Share on other sites More sharing options...
Guest english.ivy Posted June 22, 2012 Share Posted June 22, 2012 Getting hold of the papers is vital otherwise you don't even have proof who the dog is and that you are the owner. Do you at least have the microchip papers? Once you have them and have sorted it out legally, then I would name and shame the person involved. People like that give dedicated dog breeders a bad name. Going by the sound of this 'breeder', I don't think she will cough up any rego papers. The puppy may not even have any rego papers? Seeing as the OP was told they were going to get posted, correct me if I am wrong? Link to comment Share on other sites More sharing options...
Alyosha Posted June 22, 2012 Share Posted June 22, 2012 You don't need rego papers or a contract to prove ownership. Did you get a receipt when you bought your pup? As you seem to be well aware Squinter, be very careful of advice about "naming and shaming". If it backfires and results in legal action against you the folks who are quick to suggest it are not left paying the bills. Link to comment Share on other sites More sharing options...
Mrs Rusty Bucket Posted June 22, 2012 Share Posted June 22, 2012 Hi Squinter If you wanted to breed and show an ANKC registered dog and you discussed this with the breeder, and this breeder is not supplying you with a main listed ANKC registered puppy in good health - it should be good grounds for a refund via consumer affairs or office of fair trading because you have not got what you paid for. It would be easy to prove if the discussion is on email or similar. Not sure about the threats to PTS the puppy if you returned it for the refund. This seems like blackmail to me ie forcing you to keep the puppy so she can keep your money. Also seems illegal. Again all stuff for your lawyer. And if this breeder is listed on DOL - I would also report your problem to Troy. And good on you for reporting to the registering body. Link to comment Share on other sites More sharing options...
sheena Posted June 25, 2012 Share Posted June 25, 2012 What breed is the puppy?? I can't see how mentioning it's breed would get you into any trouble but it could help someone in suggesting some kind of help. It is very sad to think that someone would breed, let alone sell, a puppy as bad as this on mains register Link to comment Share on other sites More sharing options...
Inevitablue Posted June 25, 2012 Share Posted June 25, 2012 Posting the papers to you is quite normal, not all the ANKC paperwork is ready when the pups are 8 weeks old. Sorry if I missed it, but what did your receipt say? Link to comment Share on other sites More sharing options...
megan_ Posted June 25, 2012 Share Posted June 25, 2012 Thats aweful, I would have thought you would have read and signed a contract before the money changed hands? Do you know if she is even registered? whether or not there is a contract could be immaterial. Even for a pet dog, she has sold "goods" that are not fit for purpose. In they eyes of consumer law, dogs are the same as whitegoods. Link to comment Share on other sites More sharing options...
sheena Posted June 25, 2012 Share Posted June 25, 2012 Thats aweful, I would have thought you would have read and signed a contract before the money changed hands? Do you know if she is even registered? whether or not there is a contract could be immaterial. Even for a pet dog, she has sold "goods" that are not fit for purpose. In they eyes of consumer law, dogs are the same as whitegoods. But they would still need a receipt or some proof of purchase... I have a gut feeling that the OP doesn't have one....I hope I am wrong Maybe the OP could enquire with their state body of ANKC to see what has been submitted if at all by the breeder. Link to comment Share on other sites More sharing options...
k9angel Posted June 25, 2012 Share Posted June 25, 2012 Posting the papers to you is quite normal, not all the ANKC paperwork is ready when the pups are 8 weeks old. True. I recieved Takoda's paperwork in the post 6-8 weeks after she came home. Link to comment Share on other sites More sharing options...
Baileys mum Posted June 25, 2012 Share Posted June 25, 2012 Posting the papers to you is quite normal, not all the ANKC paperwork is ready when the pups are 8 weeks old. True. I recieved Takoda's paperwork in the post 6-8 weeks after she came home. This is true, as alot of breeders like to wait till the litter is a little older to choose the puppy they are going to keep before registering the whole litter.Also if the breeder is in Vic, she can't register the litter until the puppies are microchipped,which is usually done at 7-8 weeks of age. I hope you have a contract or a receipt & can get this sorted soon. Link to comment Share on other sites More sharing options...
megan_ Posted June 25, 2012 Share Posted June 25, 2012 Thats aweful, I would have thought you would have read and signed a contract before the money changed hands? Do you know if she is even registered? whether or not there is a contract could be immaterial. Even for a pet dog, she has sold "goods" that are not fit for purpose. In they eyes of consumer law, dogs are the same as whitegoods. But they would still need a receipt or some proof of purchase... I have a gut feeling that the OP doesn't have one....I hope I am wrong Maybe the OP could enquire with their state body of ANKC to see what has been submitted if at all by the breeder. unless they paid a wad of cash they'd have an internet banking transfer statement or similar Link to comment Share on other sites More sharing options...
dancinbcs Posted June 25, 2012 Share Posted June 25, 2012 Thats aweful, I would have thought you would have read and signed a contract before the money changed hands? Do you know if she is even registered? whether or not there is a contract could be immaterial. Even for a pet dog, she has sold "goods" that are not fit for purpose. In they eyes of consumer law, dogs are the same as whitegoods. But they would still need a receipt or some proof of purchase... I have a gut feeling that the OP doesn't have one....I hope I am wrong Maybe the OP could enquire with their state body of ANKC to see what has been submitted if at all by the breeder. unless they paid a wad of cash they'd have an internet banking transfer statement or similar A lot of puppies are paid for in cash because breeders are not businesses. If you don't get the papers you need a receipt stating exactly what papers will be supplied but so many buyers seem to overlook this point. If they bought anything else for the same amount they would make sure they got a receipt. Without papers or a receipt you have no proof where the dog came from. Link to comment Share on other sites More sharing options...
Dame Aussie Posted June 26, 2012 Share Posted June 26, 2012 That is terrible OP I really hope you get some help and good legal advice. Also definitely let Troy know if the breeder is advertising on DOL. All the best with it. Link to comment Share on other sites More sharing options...
conztruct Posted June 29, 2012 Share Posted June 29, 2012 (edited) Yeah - I'd definately be obtaining legal advice and pursuing a resolution through Fair Trading, etc. I am in no way legally qualified but I think the fact that you have the dog and there would forseeably be evidence of where money was transferred to the seller or money drawn out to pay in cash. Hopefully you have a receipt though to really finalise things. You also need to look at what communication you had with this person - hopefully you have something in writing from them saying that the puppy will be suitable for showing and breeding with - that will come back to being fit for the purpose described. I'm perpelxed as to why a guarantee of suitableness for breeding and showing was made.....most breeders don't do this unless there is a pretty clear written agreement that if the pup turns out not to be suitable they'll refund and/or take it back. Seems like the breeder you are dealing with isn't a very nice person. Although I must say that most breeders can become defensive (probably not in such an extreme way) when a new puppy buyer rings up to say they aren't happy with their purchase because some of the reasons can be pretty poor. In your case there seems to be a perfectly reasonable justification for your concern and to be honest I'm surprised that the breeder didn't take a more active interest in the potential health conditions that may have resulted from the breeding they did. I think you seem to want to keep the pup so maybe an appropriate resolution is determining the fair price of a pet quality puppy of the same breed and asking for a refund of the difference between that and what you paid for the pup. That way you would be getting a pet quality puppy at a pet price, which is fair. Although you may wish to pursue the issue of the skin condition based on advice. I have an old girl who developed a terrible skin condition after having a litter of pups.........I have no idea what caused it but after a couple of scary months of her losing hair, leaky sores, swollen glands, etc over $1000 worth of test revealed only that the only bacteria was normal skin bacteria which seemed to have got into her system. Fortunately some strong anti-biotics and some change in diet has seen things come good again. I don't regret any of the expense though to heal her so I do understand where you are coming from about trying to help the pup. I wish you good luck in finding a resolution to the problem that is fair for you and the puppy. Edited June 29, 2012 by conztruct Link to comment Share on other sites More sharing options...
ChloeEastwood Posted June 30, 2012 Share Posted June 30, 2012 Ideally, if it were I in that predicament I'd hope the breeder was understanding enough to refund a certain amount less the cost of the resale as a pet. It would remain as part of the family. Then move on and find a different breeder to source an individual for my objectives. Again in an ideal situation. Link to comment Share on other sites More sharing options...
mixeduppup Posted June 30, 2012 Share Posted June 30, 2012 I've read all through. Naming and shaming would be considered slander if she chooses to pursue the harassment angle. If you do not have a receipt or bank transfer to prove you purchased this puppy, then blood work can be done to establish that it indeed is progeny of her dogs. I would be pursuing legal action and notifying whatever body she is registered with. I would also be getting a second opinion and have both vets write up a report about the dog's health issues and his inability to be shown or used in stud. You paid (I imagine quite a large sum) for a dog on the guarantee that it would be fit to perform stud and show duties. the dog is unfit for show and stud, so therefore a full refund or exchange for a new pup is advised if she doesn't want the law making a problem for her. If you do return the dog I would stay far far away form any of her lines. In the WKC the pups are guaranteed to develop working instinct but 12months old, if they do not develop that instinct they are to be exchanged or refunded after proof is shown. Any breeder worth their salt would do this for their pups. I know some Rottie breeders do it for a couple of health issues and have a written guarantee. You have to put your emotions aside for one minute and look at the situation logically. You were sold faulty goods, goods that were guaranteed to be in perfect working order. If this was a car, a kettle or a computer you would be calling the store or dealer and getting a refund or replacement. This dog was not bought just as a pet but rather an investment in your show and breeding future, it is a dud. The dog is suffering with aggressive generalized demodex, which is painful and by the vet's point of view also recurrent and chronic. The dog can no longer serve its purpose as a show or breeding animal. You can either keep said dog and lose out on whatever you've already paid whilst incurring more costly and ongoing veterinary costs, or pursue legal council and return said dog and start again with a better breeder. If it were me, I would seek legal council and return dog and get a refund. Your husband is right to be frustrated. Link to comment Share on other sites More sharing options...
m-sass Posted June 30, 2012 Share Posted June 30, 2012 Naming and shaming would be considered slander And the truth is a statutory defence to a defamation case, so if a vet (qualified opinion) tells the owner that their pup has health defect, publishing the breeders name of the defective pup is not defamation unless the breeder didn't supply the pup or the pup isn't defective :) Link to comment Share on other sites More sharing options...
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