My baby has Spinal Arachnoid Diverticulum and the breeder won't refund me - German Shepherd Dog Forums
 
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post #1 of 6 (permalink) Old 04-08-2019, 09:20 PM Thread Starter
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My baby has Spinal Arachnoid Diverticulum and the breeder won't refund me

First off I'll admit I have only ever bought mixed dogs before so I was new to the whole CanadianKennelClub registration of purebred dogs. I purchased a dog from a breeder in November, 3 months later he started dragging his back feet, cannot climb stairs etc. 2500$ later in diagnostic fees, we find out he has a progressive genetic disorder with surgery estimated at 8-10K which is only 50% effective and will likely relapse. The only realistic option is to put him down. I immediately contacted the breeder (this was in December) and they told me they would give me another dog in the spring when they have their next litter.

It is now the spring and they tell me that the dogs were not successful in conceiving sothey don't even know when the next litter will be. I also spoke to another vet and he told me not they should not be breeding these animals anymore as it is partly hereditary disease. I told the breeder I cannot wait 5+ months for a dog and would like my money back, she was extremely short with me and said "I told you I would replace your dog and I will". Obviously I don't want a dog from their flawed genetic line and risk having to go through this awful process again.

CKC apparently requires all its breeders to provide a written contract to all buyers outlying their required guarantee, which they did not do (my mistake also, but I did not know). Should I sue in small claims, and for the cost of diagnostics as well? I will also be reporting them to the CKC because they sold me a dog without an agreement which is a membership violation.

Last edited by chienchaud; 04-08-2019 at 09:52 PM.
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post #2 of 6 (permalink) Old 04-08-2019, 09:45 PM
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This sounds terrible; I would certainly speak with an attorney.
Clarify CKC = "Canadian Kennel Club" or "Contintental Kennel Club"

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post #3 of 6 (permalink) Old 04-08-2019, 09:52 PM Thread Starter
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Oops Canadian Kennel Club
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post #4 of 6 (permalink) Old 04-08-2019, 10:10 PM
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Ah I just saw Ontario on your location - did not see before- hopefully they can be helpful for you as they are a legtimiate agency. I can't begin to imagine how heartbreaking this has been or you.

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post #5 of 6 (permalink) Old 04-08-2019, 10:15 PM Thread Starter
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The regulatory complaints division said they will likely ban her membership due to the contracts violation but they cannot enforce them to stop breeding their dogs. At least then they will not be able to sell the poop pups with papers
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post #6 of 6 (permalink) Old 04-08-2019, 11:45 PM
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Regarding law suits ---
Here in the states it would likely be small claims court. My experience with that is while you would likely get the judgement in your favor, the court (here in the US) will not collect. You would have to collect.
Also I have found that the other party can get a postponement (this happened I think twice in the one case I pursued) and you may not know about it until you arrive in court. You will also want to factor in the time you will spend. I contemplated taking a breeder to court but it would have required something like a 3 hour drive to appear in court (where the transaction took place.) that would have meant that I needed to take a day off of work and then still face the issue of collecting. The pup was not as represented but no way was I giving the pup back anyway. I think my guarantee in that case was also for a replacement pup -- and I don't think the woman planned on breeding again soon.



So, yes, at least in the states, you could take the breeder to court and likely win. Weigh your option there and decide if it is worth it.


BTW the CKC seems more helpful than the AKC was. I filed an extensive complaint with AKC and I doubt that they did anything.
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