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Old 08-10-2012, 01:14 PM   #1 (permalink)
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Default Replacement puppy question

I am due a replacement puppy for a dog who did not pass health testing. The breeder did not allow me to pick one from the spring 2012 litter because she felt her fall litter would be a better option. Now the fall litter is not happening and she doesn't plan another till next spring or summer. Am i stuck continuing to wait or should i try to get my money back?
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Old 08-10-2012, 01:20 PM   #2 (permalink)
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You probably won't get your money back. Most breeders won't give refunds, unless it is a very special circumstance. You're probably stuck waiting till the next litter.
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Old 08-10-2012, 01:43 PM   #3 (permalink)
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If you don't want to wait, you could at least ask about a refund. I wouldn't exactly call it fair for the breeder to sit on your deposit for a year.
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Old 08-10-2012, 01:47 PM   #4 (permalink)
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What does your contract say? It is also not fair to ask the breeder to come up with a special litter to replace a puppy who developed a problem. Perhaps you can ask for a partial (50% or something) refund or some other arrangement. I actually figure the only warranty I expect with a pup is that the breeder was ethical and combined the dogs as carefully as possible.
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Old 08-10-2012, 01:53 PM   #5 (permalink)
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You need to read the agreement/contract. Whatever it says, that's what you agreed to.
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Old 08-10-2012, 02:16 PM   #6 (permalink)
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Obviously the OP agreed to the terms of the contract, but I wonder if the contract covers the situation where the breeder refuses to allow the buyer to select from amongst available puppies. My breeder's contract sure doesn't.

Spiritsmom, did the breeder give you a reason why she thought the spring litter was unsuitable?
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Old 08-10-2012, 04:46 PM   #7 (permalink)
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The breeding contract states replacement puppy ONLY. The time frame is to be selected by the breeder AND the puppy will be selected by the breeder. She was informed of my dog's bad hips November 2011 and agreed to replace. She had the litter in the spring that I was supposed to get a puppy from, but told me that the delivery was rough and she lost several puppies. She only had 3 females left and was keeping one for herself. She pushed me to the fall 2012 litter even though I watched that litter grow up and she had females marked as "available" until they were 6 weeks old - but I never was offered one. Now I just checked her site again and the fall litter isn't happening for whatever reason and she now planning one for next year.

She has also increased her prices from what I paid for a full registration breeding prospect so I hope she doesn't plan to have me pay extra since the dam is the same as the one that produced my dog, just a different sire to be used.

At this point I would really just prefer a refund because I was still planning on the fall litter and she still has not contacted me to let me know she moved the litter to next year. I wouldn't have known if I didn't check her site. Guess I'll drop her a line a see what she says.

I guess I should have pushed her harder to get a puppy from the spring 2012 litter instead of allowing her to move me to another litter - I had liked that breeding. Now I have no idea yet what male this bitch will be bred to next year.
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Old 08-10-2012, 07:08 PM   #8 (permalink)
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Quote:
Originally Posted by spiritsmom View Post
The breeding contract states replacement puppy ONLY. The time frame is to be selected by the breeder AND the puppy will be selected by the breeder. She was informed of my dog's bad hips November 2011 and agreed to replace. She had the litter in the spring that I was supposed to get a puppy from, but told me that the delivery was rough and she lost several puppies. She only had 3 females left and was keeping one for herself. She pushed me to the fall 2012 litter even though I watched that litter grow up and she had females marked as "available" until they were 6 weeks old - but I never was offered one. Now I just checked her site again and the fall litter isn't happening for whatever reason and she now planning one for next year.

She has also increased her prices from what I paid for a full registration breeding prospect so I hope she doesn't plan to have me pay extra since the dam is the same as the one that produced my dog, just a different sire to be used.

At this point I would really just prefer a refund because I was still planning on the fall litter and she still has not contacted me to let me know she moved the litter to next year. I wouldn't have known if I didn't check her site. Guess I'll drop her a line a see what she says.

I guess I should have pushed her harder to get a puppy from the spring 2012 litter instead of allowing her to move me to another litter - I had liked that breeding. Now I have no idea yet what male this bitch will be bred to next year.
Wow....this sounds like a tricky one. The contract states replacement puppy only? (IMO, that's means no cash back.)
Also, it states that she will be the one to select the time frame and select the replacement puppy?

I don't know what to tell you since signed contracts are pretty much binding. Maybe you could appeal to her and she might change her mind? Other than that, I think you're locked into the contract agreement you signed.
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Old 08-10-2012, 07:58 PM   #9 (permalink)
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Why is she keeping pups for herself before her customers are satisfied? When you owe someone something, that comes before your own wishes...like when you OWE someone $10, you don't get $15 and go spend it on lunch w/a friend. You give the $10 immediately to the person you OWE it to.

I think refunds are way easier than replacements. I've given several deposits back when I didn't think I would have a suitable pup or when I got a bad feeling about someone. I bought one suspected abuse case back at the urging of acquaintances and it was worth every penny to have the peace of mind. Money is only money...
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Old 08-10-2012, 08:05 PM   #10 (permalink)
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Quote:
Originally Posted by spiritsmom View Post
She had the litter in the spring that I was supposed to get a puppy from, but told me that the delivery was rough and she lost several puppies. She only had 3 females left and was keeping one for herself. She pushed me to the fall 2012 litter even though I watched that litter grow up and she had females marked as "available" until they were 6 weeks old - but I never was offered one. Now I just checked her site again and the fall litter isn't happening for whatever reason and she now planning one for next year.
SHE bumped YOU off the list for the Spring 2012 litter, you didn't just change your mind or decided you didn't like that litter. Basically, she decided to keep your puppy. I think under the circumstances a refund would be fair, and worth asking about. How long should someone be expected to wait for a replacement puppy if there are actually litters being born?

If there was a suitable puppy in the Fall litter that would be different, but now it's going to be at least a year after she was originally going to give you a replacement puppy. I would also ask her why she didn't offer you any of those "available" females in the Spring litter.
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