Von Erzengel Z littler Puppy with Major Genetic Defects - Page 18

Even in the absence of a specific puppy "lemon law," the general rule regarding the sale of goods in most states is that sellers are not allowed to disclaim the implied warranties of merchantability (the good must conform to typical standards for such goods in general ) or fitness for a particular purpose (the good was sold for a specific purpose that it must be able to fulfill).

I know a lot of people here don't want to think of puppies as "goods," but the reality is that is exactly how they are viewed at common law.  Even in circumstances where there is no written contract, typically the buyer's initial remedy for a defective good is limited to replacement and or refund of the purchase price, unless provable additional harm has occurred in the course of the buyer using the good.  In the present situation, I would have to see the contract itself before analyzing the rights and responsibilities of the parties, but my general sense is that the breeder's offer of a refund would be sufficient to fulfill her obligations. 

LMH,

The word anonymous was used simply because the original poster did not use their name.  It had nothing to do with whether or not the buyer and the breeder knew each other.

I have been viewing this board less than some and longer than most.  I generally find it educational and beneficial in a variety of areas. 

Setting this particular situation aside, I am generally appalled at the "drive by" slams on breeders on this board.  I could post a thread about XYZ breeder right now and immediately the breeder would be blamed by many that post here.  Maybe in a couple days the breeder would see the thread and try to respond to the allegations.  Guess what, you can't unring that bell. 

Per this situation, I have no idea.  A 9 month old pup that is under 30 pounds with HD and a host of other problems is sad.  I feel for the buyer.  Assuming the buyer is truthful (which I am) then the question arises about whether a dog of this poor health was the intent of the breeding.  I don't beleive that the breeder intentionally bred a lame dog to sell for top dollar.  It is clear from her postings that she is trying to take responsibility for it.  What else does anyone expect her to do other than honor her contract with the buyer?

We can play the what if game with breeding all day long.  The comment about OFA fair dogs not being bred (by poster other than LMH) is a valid point.  However, how many V rated dogs are on this site that have NZ hip ratings in the first 3 generations back.....a hell of a lot.....and NZ aint as good as an OFA fair.

These situations are emotional.  However, for every bad breeder there is a bad buyer.  Neither should be treated with preference here.

By the way, could somebody explain how a dog that is born with genetic defects can cause the breeder to be taken to court for animal cruelty?

I can't.  Nor can I explain why the buyer would contact law enforcement authorities in Texas either, as they would be no more interested in a contract dispute than the sewer commissioners would be.

p59teitel,

generally speaking, if the defective goods need to be replaced or purchase price refunded, what is the obligation of the buyer regarding the goods he currently has in his possession?
is it reasonable for the buyer to want to retain the defective goods and still demand a replacement or refund of the purchase price?
is a buyer responsible to return defective goods at his expense?
is it reasonable that the buyer provide proper proof to the seller?
can the seller demand that a second unbiased opinion is sought in addition to the first opinion which found the good defective?

Does anyone on here know Malinda Julien?  I do.

I am not a breeder, nor a trainer, and I do not own one of Malinda's dogs.  I have been a police officer for 12 years, I am a k9 handler and although she did not own my dog, she trained it.

Malinda takes pride in her dogs and has built a reputation of producing outstanding working dogs, show dogs, SAR and the list goes on.  One complaint and everyone jumps on the bashing wagon.

Malindas agreed to take the dog back and refund the money.  Leave this dispute between the two.  As far as calling law enforcement, it's a civil matter, we've got better things to do.

If Malinda's law enforcement family, (because she is one of us), knew she were being bashed this badly, they would flood this message board faster than free coffee at a doughnut shop!

Maybe all the people she has trained for and who have purchased puppies from her should chime in.  Again, people have really bashed her and I really think she is a pretty good person. 

BRAVO K9cop5, BRAVO!!  now that I can laugh at. We are also a law enforcement family, so we can relate to the humor of the "free coffee at a doughnut shop"....I'm still laughing...

Debbie

AZSHEP6--Believe me, I understood your reference to the word anonymous.  I was just pointing out that being anonymous didn't make the buyer's case invalid.  On the board, so many assume being anonymous also means NOT being reliable or truthful.  The seller validated the buyer herself. Obviously, because of the allegations, it became imperative that this fact be noted.

I agree, wholeheartedly, with being appalled at the unfair advantage some take on the board and, personally, find it abhorrent when a breeder (or anyone....for that matter) is slam-dunked. This thread was a doozy. I am so unclear as to what went on with this pup......and now know no more than when I first started reading. Actually, I'm at a loss for words.....having just mentally murmured 'ditto' to Blitzen's last post. I think I will take back my earlier promise, though, and say "poor puppy". Contractually, the breeder didn't do anything wrong, IMO.  The buyer came here to air her grievances.  The pup will now apparently be in someone else's care.  I'm confused and sad.  Go figure.

wildforwolves---Take some advice.......The saying "which way is the wind blowing" is appropriate right now. Might want to let the thread waver off.........that wind can change direction real fast around here.

Sadly I hear little concern expressed about the dog; it's all about the breeder and the owner. I am so sorry I ever read this thread.