health gaurantee - Page 3

Cheers DH, You beat me to the punch! Had I known you'd enter discussion with you superb insights, I'd have saved my breath!

Hello Alphapup. Very true, thank you for your input. Add to that that vets in some areas simply do not see certain problems all that often, or don't consider certain things to be quite so urgent to make a big deal about it. A puppy check may just be a quick look over (looks healthy, so lets assume it is healthy) to one vet, and the next may take 30 minutes for each pup. And still miss something. Or in more rural areas they may treat more horses and cattle than they treat dogs... etc. Add to that the fact that what the vet says in the office can also easily be misinpterpreted by the pet owner. People can develop very selective hearing and understanding when suddenly faced with a problem. So when a problem comes up it is always best to get a written statement from the examining vet and after that has been read thoroughly, to call and discuss additional questions if necessary.

Lyn, do I understand this right: - they claim something is wrong with the pup - but they do not want to supply proof to the fact - and they want their money back - but they want to keep the pup?

Cheers Alpha, What do you mean you don't want to belittle the veterinary profession. My regular vet is superb, but some others I've dealt with have trouble turning two plus two into four!

No, its not that bad or I would be going after the puppy myself! She was extremly offend that I asked for a letter from the vet stating his findings. She went into a fit about how dare I not trust them. Which to that, I will say that in her two phone conversations with me,she stated that the Vet had said the mumur was a diffanate 3/6 and used very strong words in describing what this would mean in the future. However, when she did send the Vet's letter it simple stated that the puppy has a 2/6-3/6 and may or may not require additional medical attention in the future. It was obvious then that she realized I would know the truth, by requesting the letter. And perhaps she was just embrassed. They have said that they would keep the puppy, "because of the hand they have been dealt" as if it is my fault. They chose to not accept a cash refund upon the purchase of a puppy from a breeder of thier choice, I was just trying to help them get a puppy, since they didn't like the color of my remaing two females. And to admit that I am not sure I want them to keep a "scarlet" puppy. That is why I have now offered to meet thier demands no matter what they are. I just want them to be happy with a puppy, mine or someone elses. But, the whole reason for this discussion is to confirm the "breeders" health guarentee standard. And to ultimately figure what what we as "breeders" will accept back and for what reason, and how to compensate the buyer in what way. Because from all the contracts I read on the internet, what everyone is telling me, is not what we have in our contracts. Most contracts have a limitation of "good health" of a week or less. They gaurentee against the obvious viruses for a very short time. Then they gaurentee hips and elbows. Other than that, some mentioned if there is a dibiatating issue discoved within a short period. Thats why I am trying to check with my senroities on this whole matter.

Cheers Again Lyn, With a smidgen of legal ken, May I all following advice. Do not send that email at all. Simply forward letter instead which reasonably acknowledges previous verbal advice that there may be a slight health problem with pup previously sold and, that you look forward to receiving relevant documentary evidence so that the matter may be satisfactorily dealt with. Keep it general and fairly non-specific. Using this approach, I suspect it will simply die a natural death! The present approach proposed really borders on the charitable!

Patrishap and everyone: I love you people! This has been the most helpful, and honest group. I have cried at some of your harsh words and smiled when reading others. I feel like I have friends, and maybe a few moms and dads. I promise ALL, and I mean ALL, of your advise and cautions will be carfully considered. Thank you again, all of you!

Once More Lyn, You query as to health warranty, is beyond simple answer. Believe me when I say that a smart lawyer easily turns these 'guarantees' into mince-meat! You're speaking of a legalistic minefield, subject to medical interpretation, particular circumstances, definition and interpretation. From your ethical viewpoint, I'd simply assume that amends are in order if it is reasonably established that pup sold was unfit for its intended agreed upon purpose. This is the final, basic test that a civil tribunal would apply anyway.

Makosh, this is a hard question to answer. If the family had only had the pup for a week or two and I thought I had erred in my impression of them such that the pup would ultimately not have the quality of home I had expected, I may give them their money back. Under any other circumstances, their options are extremely limited and this is precisely where a correctly worded contract is necessary. My contract clearly states that if at any time during the dogs life the buyers are unwilling or unable to care for the dog, it must a) be returned to me with no refund, or b) I must approve of any transfer of ownership. I had this situation about a year ago...a coat from my litter was sold to a friend as a pet. Nothing much was done with the dog as far as any kind of training and at eight months, I brought her to my place for a few weeks for some intensive training and to resolve a problem with her chasing cars. By all accounts, she went back home a different dog but within a couple of months of finding ways to amuse herself was too much for them and they decided not to keep her. I took her back but did not give a refund (and am still waiting for the AKC to replace her registration application that was lost in the process). Interestingly, a couple that had bought one of the males from that same litter (who coincidentally was excelling at competitive obedience and agility) emailed me at about the same time saying they had decided they would also like to have a female with whom to train so I offered them Ali and she's been with them since. Guess what...now she's doing competitive obedience and...no behavioral issues. The worst part of breeding is puppy buyers.

Cheers Keith, I'm not questioning you, but very much intrigued. Has contract with such wording ever been tested at law, or has 'unwilling or unable to care' ever been defined. I'm thinking here of possibility where buyer refuses to return animal in scenario described. You wouldn't, for instance, remove animal without new owner's permission? Regards.