Von Erzengel Z littler Puppy with Major Genetic Defects - Page 17

Just a few comments, take them as you will.

Malinda is posting under her real name and is being upfront about the situation and obviously cares about her reputation. The OP made themselves a nice anonymous and inflammatory screen name.

I agree about the vet sounding like a real idiot.

Malinda said she'd be willing to drive to go pick up the pup. Sounds to me like the OP doesnt want their money, they want to create drama. If I had a puppy that was so ill it had to be put down, and the breeder CARED enough to come pick up the dog, I would feel like I owed it to them to at least let them see this dog. The fact that the owner will not do this is pretty damn fishy.

Off topic, EurosportK9...I had the pleasure of working with a dog named Rocky you sold to the Irgang family that is hands down one of the finest working line dogs I have ever seen.  His temperament blew me away and he is just gorgeous.

Thank you, KCzaja... it is how it appears to me.  She said it herself, just wants to make people aware of me.  Ok, now you all are aware of me.  I might have a puppy that has HD or other genetic problems.  I have constantly taken responsibility and offered NOT another pup, NOT obstanance, NOT refusal to answer... but flat out 100% support of this puppy over MONTHS.

So, Sandra, now everyone knows.  They know that I will stand by my pups and sit here for hours and hours to get this resolved. 

And as far as Eurosport K9... yes... I love the dogs I have gotten from them and I am pretty sure they wouldn't sell me dogs if I did not do what I said I would with them.

malinda juilen

I said it before, this story just doesnt ring entirely true.  Just seems to me that the purchaser is really just kind of looking for sympathy or arguement, not sure which.  Malinda, my opinion, which is just and only that, you have done more than required.  

thank you, von symphoni, and I will continue to do over and above just like I always try to do.  We can't always promise things will be perfect, but I guarantee you I never abandon anything I have ever bred.

malinda

It seems that buyer and seller are not willing to meet each other 1/2 way.  I would have been hard pressed to return a puppy if I thought that the pup was going to be put down, but if the contract said - refund given upon return of the dog, then that was what was agreed to.  Most States do have a puppy lemon law, which require refunding of money if a congenital defect is documented by a vet, however there usually is a time limit on filing, which in PA I think is 30 days for congenital defects.  In PA a registered kennel is required to post the PA Lemon Law in plain site.   (Sorry, I live in PA so just using an example of what I am familar with)   CA does have a Puppy Lemon Law, which provides a much longer time to identify congenital defects (one year) according to this link.  http://www.malteseonly.com/lemon.html.  The CA Lemon law only applies to someone selling over 50 dogs per year so not sure if this applies in this case as I don't know how many pups the breeder sells in a year.

I am not saying that the breeder is in the wrong.  If her contract states that the pup must be returned in order to get a refund and the customer bought based on the contract, then that is the way it is, but if criteria is met under the CA Puppy Lemon Law, then I believe the Puppy Lemon Law will supersede the contract.  The Puppy Lemon Law does not state that the puppy must be returned in order to get a refund. 

I understand that the owner would like to be with the pup if it has to be euthanized, but if there was a chance that someone else could come up with an alternative to euthanisia, then that would supersede my desire to be with him.  If the owner is looking for a refund of the purchase price so that they could put toward hip replacement, then me as a seller would be for that. 

This is a difficult situation, because we are dealing with a living thing and we are all concerned with the welfare of this puppy.  If in fact a return flight would be added stress on this puppy, then I would also have a difficult time making that decision.  But, if I made the decision, to not return the pup,  then I would have to consider my contract with the seller void.  On the other hand if I am the seller, and had Vet reports stating that the pup was in such poor condition, then I would refund the money, and when the pup was put down, ask for the remains, so I could have my own vet perform a necropsy to determine how this would effect my breeding practice in the future.  Of course if both parties do not trust each other, then this will not work.  Maybe the money should be held (like in escrow) until each party does what is agreed to and then paid out. 

I still think the way to solve this (if the CA Puppy Lemon Law applies) in this case is for the breeder to refund the money and to have access to all vet reports and the body if and when the pup is pts. 

So call me a pushover - if I was the seller - I would have refunded the sale price of the pup, and if I was the purchaser, I would have kept the pup, tried to get the medical care needed to give him a quality life, and would put him to sleep when that quality of life no longer was possible, then be more careful on my next purchase understanding exactly what guarantee I am getting, fully realizing that I would never be able to return a sick pup to the breeder believing it would be put to sleep.

Sorry for the rambling, but just found this a very difficult post to read and not respond to.  I mean we are only talking about $800.00 - why don't you they just split the difference and call it a draw!

Cheryl

I admire you breeding ethics Ms.Julien and fighting for what is right...Hands off to you and don't you worry... the sad story will come to an end once the poor pup reaches his birthplace... I wonder why... traditionally...you use the breeding place as the kennel name... you're not afraid to say you name and you're proud to give it to you progeny... and Ms. Julien just did all of that... so Sandra if you're going to breed GSD's in the future...hope the same happens to you... remember... there are no perfect GSDs but we all love them.

Malinda: I wasnt referring to you on my post   I said I had the same thing happen to me 8 years ago  Reference to that is another thread , which all here have read,,,,u just got in on this thread   No it wasnt You.....and I ask where in Texas you were   Everyone here knows I didnt buy my boy in Texas........I dont even remember what thread its on ,but mention of it is on several....good luck     Im in Tyler Tex,,,,are in in Texas...I lost the whole rehlm of things , trying to get the facts straight......I dont think anyone here thought I was speaking about you,,,,I just was relaying that these things do happen, not new.....in my case , person never answered certified letters from my vet , with one , as he was representing someone else to sell the pups of his stud,  as a favor , I guess.....deposited money in his account and signed the check I gave...it was a long time ago.....Good luck...If I can help you , just let me know  ......I hate dfw  and Delta agents laugh at me  , I stay on phone with them all the way to the cargo , as they had lots of construction , the last time , I went and it wasnt a nice trip   I think , I went aroung in circles 8 times and finally ask them to come get me.....had 4 or 5 different people tell  me  4 or 5 different ways to get to the cargo as of the construction..........

Due to jurisdictional and interstate commerce issues, it is highly unlikely that the CA Lemon Law would apply to a transaction involving a pup purchased from an out-of-state breeder.

After reading Yellow Rose's last post - I realize that the sale was in TX - and not CA.  I don't see that TX has a Puppy Lemon Law.

C

I dont know for sure but it does have a lemon Law.....for automobiles  so Im sure it has a common sense: clause   probably covers item bought or some initial description   ,,,dont have time to look for it....but we do have Lemon Law    I know     My husband and I owned an Automotive shop in south Texas and we did business with All the big dealers in Galveston and Harris County and it was hilarious , to read and listen to all the filings and windows of autos   with   "THIS IS A LEMON" written all over the cars.....and a lot of cases in the courts  ......