Warranty? - Page 1

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by Pam Powers on 02 January 2009 - 17:01

I sold a 2 year old spayed female, nice bitch, but had her spayed in October due to a previous c-section, and a following pyometra. She was xrayed good, had been shown, and I sold her with no warranty, nice obedient dog. Wonderful woman who loved her, bought her. The buyer took her to her vet the next day for a vet check, and reported to me that everything was good, the dog was very healthy. Done deal? 10 days later, the husband called, irate, and told me that the dog has a terrible infection from her spay wound. I looked at the incision before the dog left, and it was a normal looking 10 week old spay incision line, no redness, or puffiness. They told me I would be responsible for the vet bill???!!! I offered to take the dog back and return the  full purchase price, but they said they wanted to keep her.  I told them that I did not plan on paying the bill, but would gladly take the dog back and refund their money. I have produced only 2 puppies in 2 years, am  no longer a breeder according to the Lockyer/Polanco act. Advice please, I do want to be fair. The dog was examined twice after her spay, no problems seen.


tristatek9

by tristatek9 on 02 January 2009 - 18:01

There is always someone out there wanting something for nothing. If there vet oked the dog and you offered to refund and then return the dog in my eyes you did your part they assumed the responsibility Jeff www.tristatek-9.com

by bgstout on 02 January 2009 - 18:01

I think you did the right thing.  Maybe talk to your vet and ask them about the infection.


Two Moons

by Two Moons on 02 January 2009 - 18:01

If you delivered a sound animal, you are not responcible for how the new owner handles their new pup.

Don't feel guilty for taking a hard line on this.

Some people are never satisfied and love to blame others for their own short comings.

 


Gator113

by Gator113 on 02 January 2009 - 22:01

 Here is my take on this.
  -You made the client aware of the surgery prior to finalization of the sale, and before you shipped/delivered the dog.    -You sold the dog "as is" without a warranty.   - They accepted the dog and sales completion with the knowledge of the surgery.    -Common sense of any mature adult should have cautioned them about the ever present risk of infection of any open wound, even more so in the case of a recent surgery. -ALL surgeries CAN result in infections.   - They took their new dog to the vet immediately after delivery and told you the dog was healthy.   -Even after 10 days and an  the infection sets in, you offered to take the dog back and return the full purchase price.
-They decline to accept the refund.
As I see it, you have reasonably met your burden as a responsible seller. You would have no way of knowing if they took proper care and due diligence to prevent or limit the dogs potential of post-op infection, during the 10 days after it had last been examined by their vet. For those ten days, the dog has been in their care, custody and control. You could not have taken steps to prevent an infection under these circumstances.
This is unfortunate for these folks, but it is my opinion that you have done all that you reasonably should have, and perhaps a bit more. Had their vet discovered an infection at the time of the health check, immediately after receipt of the dog, I would view this in a deferent light, however, those facts are not in evidence. 


Gator113

by Gator113 on 02 January 2009 - 22:01

 Page 2 of 2

Now, if your continued association with this lady that you described as a "wonderful women" is important to you, and in consideration of what you may have charged for the dog, you could reconsider paying the vet bill, or perhaps settle on a compromise of paying half of it. It's not always possible, but it is always best if both sides of an issue feel like they came resolved a bad situation in fairness.
Good luck.....






 


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