Replacing dysplastic dog - Page 2

I also have a question for Kerschberger, you say you require you puppy buyers to send the films in to SV, NOT OFA? If I am correct? This would require the puppy buyer to be a member of SchH USA, no? How many pet owners would dish out the membership money just to get their dogs hips certified? Why not OFA? Unless you are in Germany and member of SV, thats a different story then. I think it is unfair to ask regular pet owner to do all that, OFA should be good enough for hips since the dog/owner is in USA.

Beth's contract is right on her website for all to see.

http://www.grummajestat.com/Puppy%20Contract.htm

Barb:  What happened with the puppy?  Do you still have him/her?  Did the breeder offer to refund or is completely ignoring you?

Also, YR, what ended up happening with your pup?  Do you still have the dog?

Hello Barb,

as Zahnburg has mentioned,  it is always a big disappointment when the new puppy we purchased is diagnosed with dysplasia, I think most of us have been there and shed a tear or two. Being that this is an issue brought up more than we would like to admit, I think we should ask if you have followed the contract you signed with "Grum Majestat"?  Section (24) of this contract states "Buyer agrees that this warranty is null and void if he/she does not follow all of the written requirements listed above." It  is very clear about things you can do to bring about damage to your puppy's hips to cause dysplasia ie: poor quality food, obesity, too much exercise or excessive running or jumping, etc. I see also that she requires you feed a certain brand of food and give vitamins . Again you must make certain you have followed this contract or you yourself can void the contract. Now the contract also states you have 2 options: Return the puppy for a replacement puppy (available from the next available litter) and there is not time frame on this contract, or Spay or neuter your puppy and receive $1,000.00 off the price of a replacement puppy. If you have not done everything on this contract I would not expect the breeder to honor her contract. I know that breeders are judged very harshly if they do not automatically replace a puppy, but this is why they have contracts, just as the "Seller" is expected to follow their contract/guarantee, you as the "Buyer" must also follow the contract. This is a means to protect the "Seller" as well as the "Buyer". So which option did you choose to  replace your pup? Please do not think that I am not sympathetic to what  you are going thru;  I have been there more times than I care to admit.

As for all of us reading this so called problem between Barb and Grum Majestat, we might not be hearing the complete chain of events, and  there might be a reason that Grum Majestat is dealing with this in this manner. They alone know the real truth. Also Barb unless you live in the same county that Grum Majestat is, if you are considering taking this to court, you will  have to do this in the county the "Seller" lives.

Good Luck,

Debbie

I like the part where you have to save the reciepts for all the food you purchased to prove you fed it too the dog. That's a good one.

I've never signed a construction contract with as many clauses as this contract. I'm not sure how anyone could enforce it.

I believe that Beth at Grum Majestat is stepping away from breeding, so it will be difficult to get a replacement puppy.  So your only hope is that she will refund some money to you.  I see that she has a female for sale.  I have corresponded with Beth and I never thought she was a bad person, she has had some heart break with the loss of some females.

I want to let everyone know she has since changed her contract since I purchsed the puppy in 2005.  She was very happy with how I was raising the dog.  She wanted to give me another dog in co-ownership also (this was before my pup was diagnosed).  I was keeping in contact with her and she seemed to be working with me.  I was fine with that, now however she has not responded to my emails or registered mail.  She is pretending to have fallen off the planet.  I want to work this out, but how can I is she will not respond to me.  The dog she has for sale, she hasn't been able to get pregnant since her first litter.  She gave me permission to find the dog a pet home and have her spayed and she would then replace the dog.  She states on her website that she is downsizing.  She only has older females left.  One of the things I was trying to ask her was how she was going to replace this puppy.  But she won't acknowledge her obligation to me.  That is why I have taken it to the attorney general.  I live too far away to knock at her door to talk to her.

I tried to attach the OFA report, but can't figure it out.  I don't think it is fair to me to pay the amount of money I did with the understanding she would be there for anything.  She gave a very good impression that she stood behind her dogs.  She still has my testimonial on her website!  I don't understand why she wouldn't want to fullfill the contract she wrote.  It isn't my fault she hasn't had any litters recently.  She needs to make things right.

Barb

Debbie brings some valid concerns....

If a breeder gives options and a buyer does not make a choice given the options made available,  What is a breeder left to do ??

I don't know that's the case...

Also with regard to OFA results on those hips...  OFA sends you a paper with checks next to the classification for a prelim,  she could just scan that in and provide that as her Proof instead of the xrays....

Barb, I am sorry.  But things happen in peoples life, I am sure that when she wrote the contract that you signed that she wasn't planning on not breeding any more.  Things change in peoples life.  I have three of my four dogs that should have been replaced or refund, but the said breeders weren't there any more.  I am not sure if you can hold someone to a contract that isn't "in the business anymore".  In my case, first breeder said sorry dear you can't squeeze blood out of a turnip, second breeder said contact called for replace I am not breeding anymore and the third breeder said I don't breed any more.  Was I upset you bet.  So is it right, no, but how do you get what you feel is right.

I just love my dogs for what they are.  I have learned a lot from these experiences.