hip question.... - Page 1

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by SitasMom on 01 December 2013 - 12:12

First of all - not my puppy - and not my client.......

If prelims are taken on a puppy at 6 months. A puppy buyer has been given this x-ray. To a semi trained eye one can tell that changes are already underway. Puppy buyer doesn't show it to a qualified veterinarian and later at 24 months the new xrays show moderate or severe HD.

I do not know what anything about conversations between puppy buyer and breeder at time of purchase. I do not know if the breeder suggested to take them to a qualified vet to see. After x-rays, this breeder has a "what you see is what you get" policy, and usually states this up front, I don't know if this happened or not.

Is it still the legal responsibility of the breeder to replace the pup ?

by Nans gsd on 01 December 2013 - 13:12

Sita;  too many unknowns;  what does the contract read?  That is really the key here;  if it states a replacement pup to be acquired in the event that the dog is dysplastic then that is what COULD standup in court;  I say could because most of the time even signed, sealed, delivered contracts are not worth the paper they are written on.  Hopefully a contractual agreement helps to protect the puppy somewhat???  But really even that can be questionable.  If the breeder wants to keep their reputation the puppy should be replaced  at no charge if it is a good home.   If there are environmental issues then NO.  NO puppy.  If it is truly a genetic mishap then YES, puppy needs to be replaced.  JMHO  Nan

Western Rider

by Western Rider on 01 December 2013 - 13:12

Why would the breeder be responsible for replacing the first pup. There is no contract stating so, as you did not mention one, they not only showed the xrays to the buyer they gave them to them to take to a Dr of choice.  Don't know if they had them to take before passing over the money or if they had to pay fist then had  "X" number of days to check things out before the deal was final.

Not knowing the conversation between them only can guess.  But I would say no new puppy if buyer was given a chance to check with their own Vet, say 2 days, before the deal was final.

seeofred

by seeofred on 02 December 2013 - 17:12

If there was no written contract in place, than legally breeder is not obligated to provide new puppy. However, if the breeder wants to keep a good reputation and is proven that environment has not caused the pups hips situation at 24 months, than yes replacement should be there. I guess this one is completely up to breeders discretion without any legal bindings based just on the description provided in your original post.

fawndallas

by fawndallas on 02 December 2013 - 17:12

If the 6 month prelims already showed changes underway for the bad, why would the breeder sell the pup to anything but a pet home?  I do not intend any negativeness, I am asking for my own education..

Maybe a better way to ask....  If the hips are starting to get bad a 6 months, is there a chance the hips will get better to validate that the dog has the potential to be either sport/ protection/ working/ breeding (what ever the intent of the dog purchase)?

by Nans gsd on 02 December 2013 - 17:12

Fawn:  I would really need to see the x-ray;  I think we are talking something way much worse that could potentially affect the life and well being of the dog.  Not sure though, just my guess...  Nan

fawndallas

by fawndallas on 02 December 2013 - 18:12

Oh, the poor dog.  

I agree with the others, unless there is a contractual agreement to support the replacement, the breeder is likely not legally obligated to anything.  As a breeder though, since reputation is everything, I would work out an acceptable solution to both parties.  Not sure if I would replace the puppy, especially if there were signs up front at the sale of the potential for issues, but I would at least offer some type of payment reimbursement.  As a business, sometimes it is better to do the customer service thing than to stand on principal.

by SitasMom on 02 December 2013 - 23:12

I don't think this breeder/broker cares about his reputation. he thinks he's above such things.

Spooks

by Spooks on 03 December 2013 - 04:12

I can’t see how the breeder can be held responsible so long after initial x-rays were taken. Anything could have happened during the interim 18 month period until the 2nd set of x-rays were taken. If the owner hasn’t applied conservative management during this period knowing about the hips, this could have exacerbated the onset of moderate/severe HD. The dog might have had an injury in that time too....

by Gustav on 03 December 2013 - 08:12

I agree with Western Rider, x-rays in hand at six months?, then it is up to owner to take the x-rays at least to their own vet at minimum to have the six month film explained to them.....if a lay person could ascertain that changes or structural lacks were present, then a vet should be able to show the owner possible causes of concern. This would enable owner to get back to breeder or initiate further testing at later date.





 


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