Disclosing cryptorchidism - Page 1

I’m in Ontario. We put a  deposit on a male GSD puppy from a litter. The breeder selected the puppy for us. We drove 7 hours to pick him up when he was 8 ½ weeks old. We paid full price for this puppy.  A few days later, I noticed there was only one testicle. I contacted the breeder by email and she admitted (in email) that she was aware of the puppy's condition.   When we picked up the puppy, there was at least one available puppy from the same litter for the same price.  If she had disclosed the bilateral cryptorchidism, we would have taken a different puppy.

There were some emails back and forth about the bilateral cryptorchidism and when he was 1 year old after mentioning he was a lot of dog with a lot of drive, she suggested,  I return him in exchange for a puppy.  She also trains and sells dogs.  We had bonded with our puppy and invested a lot of money  and time in his training.  Returning our puppy for a different puppy was not a solution for us since the breeder knowingly concealed his condition at the time of purchase.

Our vet said the testicle is in his abdomen.  I asked the breeder to contribute towards  the testicle removal which requires an ultrasound, or consider it a partial refund for overcharging us for a puppy with a defect.   Her response was she does not pay vet bills and  there is no money back, and we can return him "if we are not happy with our dog".    

Isn't the  time to offer an other puppy at the time of purchase, not when he is 1 or 2 years old?  Alternatively she could have disclosed his condition,  and offered him at a lower price or made an arrangement that there would be money back if the testicle didn't drop.   

Any advice would be appreciated. 
Juno

Quite clear that you have had a bad deal. I think that in law by admitting that she knew of the defect and did not declare it you have a case for misselling or fraudulent selling. A lawyer should be able to get a full refund plus his costs.

Mackenzie

As you're in Canada, I don't know what your laws are but I should think you'd have a small claims court case. She failed to disclose a significant defect to you before you made the purchase, and a missing testicle is a disqualifying fault in all breeds.

I'd also suggest you contact the Canadian Kennel Club, assuming that's the entity she registers dogs through, as I believe that organization has much stricter requirements for breeder ethics than the AKC has here in the US. Maybe they'll put a hold on her ability to register dogs and litters until she compensates you for the difference in price between a cryptorchid pup ad one that's fully intact. Can't hurt to try.

You didn't ask, but I'd suggest holding off on neutering your dog until he's at least 18 months; removing the hormones prior to that will have a negative effect on his physical development. If you're only having the retained testicle removed, that won't matter and can be done now without any negative effect on his growth because the retained testicle is contributing little if anything. When both testicles are removed earlier than 18 months, though, the dogs tend to grow up to be tall and lanky, not fully filled out in the chest and hindquarters and not as well-muscled.