Breeders rights/laws - Page 1

How do i find what laws in my state (MA) are in place to protect breeder,,,it is not for me, but when i google it's not comming up, other then for pet store ???               

Thank you...

     What exactly are you trying to protect from, that is what is needed to tell you where to look! If you want to know about sales and such, than you need to get into contract law.

     If you need to know about protections from gov't interferece, than I believe you would need to get into Ag. & markets law. There are so many areas of law.

     Go to FINDLAW, pick your state and search around to see if you can find what you are looking for. If you were a little more "specific" I could get you a better answer.

Kitkat,,,A friend of mine sold a pup , now 30 days later they have decided it's to much for them, so she said return him & when/if I sell him, I will retuen your money...They tried to tell her that was against MA. law...  Well I cant find anything on this, other then MA. has a puppy lemon law, which gives buyer 14 days to return pup, only if deemed unfit buy vet...

That is from MASS.GOV website...cant find anything else,,She has someone who will buy the pup for a 100.00 less then the other people paid...also this is not covered in her contract, as this has never happened to her before....

I have learned so much during my years as a dog breeder, I had a lady that wanted to return a pup cause
I think she wanted a small dog & when she realized the pup was going to grow she got nervous.

The lady had called me & told me she thought the pup had hip dysplsia, and I asked if she had gotten any
x-rays done, she said no, she just walks funny.
 Then, she called me & said the pup had IBS, that it had runny stools and she had to clean up after the pup,
 this went on for 5 weeks, she would call me & I would try to tell her what to do and try to help her with the pup,

Finally, she left a message on my answering machine, "Paula, this pup is your responsibility!"

I called her back, she was bitch'n & moaning, and I asked her if she could please return the puppy back
to me & I'll give you a full refund, she was like,what?  huh? OK,... and when she brought pup back she said she hadn't
fed the pup since the day before yesterday, and she had the pup on Flagil, and prednosone and Hill's prescription diet,
 

I just wanted to slap her in the face, but I handed her back her money, smiled and thanked her, she kept telling me the
pup was a beautiful girl, I already knew that, I was just so happy to have her back and rescued from being ruined by an idiot!

The lady had tested the pup for all parasites, and that pancreatic disorder, and guardia......she had changed it's kibble 5 times!

 she had puppy tested for everything, the lady was hoping to find something, the only thing
she didn't get were her updated puppy shots!

The pup had NOTHING wrong with her and was rehomed to a great young couple, the first lady seemed intelligent,
BOY!>>> was I wrong!

That lady enlightened me and made me revise my puppy contract to read," If for ANY reason within the first 3 weeks of
ownership, purchaser does not wish to keep puppy, you are advised to return puppy back to breeder for a full refund of
amount paid to breeder"

venzosmom, if I were that person that sold the pup,  I'd tell her to take the $ 100.00 hit

That's what I said too...and knowing her she will,,,she was just really put off the way the handled it, she told them on the phone she could re-sell pup & she'd give them them the money,,they were fine, then they came to drop off pup & started quoting theses laws,,which I still can't find..??

She's happy to have pup back & she is trying to get in touch with the people who wanted the pup,,she's just never had this happened & wanted to know if there was such a law,,she is changing her contract after this...

I know about the lemon law, but what a hassle if they decide to take you to small claims court,

Some couple (both of them young lawyers)  took my husband & I to small claims court a few years back, her pup had an eye problem that he was born with, and it was easily fixed while he was being fixed (neutered)...
the eye problem wasn't listed anywhere as being genetic in the GSD, but he was born with it, and they said we should
have known it exsisted, the vet didn't even notice it at check-up, anyway....

  I spoke to the lady and she of course wanted to keep the pup,
but wanted us to pay for half the price of the pup, then when we agreed to pay half, she all of a sudden wanted all of the
purchase price and keep puppy, they lived 3 hours from us, so we ended up at small claims court & they ended up
with half the price of pup, didn't make any sense to me, they both missed a days pay, drove 3 hours to my state, and
settled with what we wanted to give them anyway.........

I really think they loved going into court, I on the other hand do not.....

Must be like, "Oh honey, let's check-out their court house, it will be a good field trip"

lol....ya , I can see two young lawyers wanting to check out a new court house...lol

I just told her to make sure she has the pup checked by her vet before she re-sells him and returns their money...

He's a cute little Pom !!!  She is a very nice person & has some great little dogs, they are not my thing but they are cute & this guy I guess is some rare coloring,,,I dont know anything about them though..    

venzosmom,

     If you want, you can send me a copy of their contract (A+'s in my contract law classes). As I see it from what is written, your friend is doing a "favor' to this person by taking the dog back and trying to resell it at all for them.

    If there is no problem with the pup, they have no "legal' grounds for complaint, or refund. It's like if you go to high dollar store and buy a dress that you know you will never wear again, but wanted to wear it for a special occassion. The store does NOT have to take it back if NOTHING is WRONG WITH IT!!I don't care what state you live in. You MUST show a defect to be entitled to a refund!

    If she already has the pup back, (that is the most important thing), she needs to not sweat over re-sale to accomadate  these people.(without really knowing the in's and out's of the particular contract, I'm just guessing it is what it is). If they take her to court, she needs to file a counter complaint to cover any lost wages, mileage etc.,for their bogus claim.

     Like I said, if you PM me or E-mail the actual contract, I can research and give an affirmative defence.

Very good replies to this post are posted above. Legally a breeder is not obligated to take a puppy back and give a refund 30 days later unless the puppy was sold for a specific purpose or was unhealthy and unfit for sale.  If it is not in writing then it is difficult to proove. The problem is that a buyer can claim that a verbal 100% guarantee was given and can sue for that plus manty times the sum of all legal fees and expenses under the" consumer protection act."  If the written contract specifically states that the only warranty or guarantee is as listed in the contract then the seller is legally safe. They can still be sued but will be out the time and effort and the breeder won't recover any countersuit for legal costs.

Most breeders will agree to take a dog back in good health and may charge a resale fee for their time and effort. 10% to as much as 50%.

The practical answer is that if the puppy can easily be resold to a more suitable home at $100 less than the original price then by all means do so imediately. It would be fair for the buyer to receive $100 less  but with such a small amount just take the small loss as it is not worth the hassle.

If the breeder told the first buyer that they could resell the puppy "for them" to a wonderful home for $100 less and would not charge the first buyer any commission for the breeders efforts that they would gladly accept the $100 less. It all depends on how this is presented to the first buyer.

"We don't give cash refunds but would be glad to resell the puppy for you at no charge. We have a great home who will purchase your puppy for $_______ That is all they can afford but would be a great home for your puppy. Would you like to sell them your puppy for $______  ? They can pay you directly; I am glad to help out at no commission as I would love to assist you and your puppy in finding the right home! "  

Good Luck

Some puppies can come back to you so damaged emotionally from the ya ya that bought it in the first place and then changed their minds.Some come back sick and neglected ,then they what there money back because they didn't do the homework before buying a  the dog?? Why would anyone in their right mind give these people back a full refund ??How much is the puppies stress worth??Now you have to sell a potentially damaged puppy and assume the guarantee.There's something wrong with these people in what they expect.I would only give them half their money back,sell the pup or dog for less and let them sue me for the difference.