Buyer refuses to provide virification of ED - German Shepherd Dog Forums
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post #1 of 33 (permalink) Old 12-05-2011, 11:19 AM Thread Starter
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Buyer refuses to provide virification of ED

Could anyone here tell me what you would do in the case of a buyer demanding a replacement puppy, but refusing to provide verification of ED?
I offered a puppy last year when I had one available. This woman threatened with law suit if she didn't get a pup from a certain female bred to a certain male Within Six Months, which meant I was supposed to make a breeding when the female wasn't even in heat. Not to mention demanding that I make a breeding I had no plans to make. It's been over a year since I bred anything,and a month after current breeding was made, I contacted the woman asked if she wanted me to reserve a replacement pup, if a litter was produced from this mating. That was about month ago. A week later she emailed back with yes. Over a week ago I asked for verification, OFA rating preferably, but at least exrays with the dogs ID on the exray. She has unequivocally said she has " no intentions of providing me with such documentation" and doesn't like the implications of such a request. I might add that all this started after she decided to get involved in FR sport. She castrated said dog while still a pup and people at club, according to her , told her what a shame. What would you do? Need some input, please.
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post #2 of 33 (permalink) Old 12-05-2011, 11:20 AM
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Looks like you've got a scammer on your hands. Most puppy contracts I've seen require proof of ED or HD in order to provide a replacement. No proof, no puppy.


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post #3 of 33 (permalink) Old 12-05-2011, 11:20 AM
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What does your contract say?

I would send her a certified letter requesting proof.

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post #4 of 33 (permalink) Old 12-05-2011, 11:33 AM
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This seems like a no brainer to me. If there isn't any proof provided that the dog has ED, then obviously I wouldn't give her a new dog (puppy). You left out the part of your story regarding when and how she contacted you in regards to the dog having ED, but it sounds like you decided to do the breeding she originally wanted, and then she said the current dog had ED and now wants a free puppy from the litter she originally wanted?

I don't understand at all how she could sue you, sounds like a BS claim (anyone can sue anyone of course, but I don't see how she could win such a suit) made to get you to provide a litter for a breeding she possibly had a despoit on? I would've returned the deposit and washed my hands of this woman.
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post #5 of 33 (permalink) Old 12-05-2011, 11:35 AM
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First off without proof of an xray showing that the said dog had bad hips I wouldn't have done anything to replace with another puppy. She could sue you until the cows come home but no judge will reward her without proof. 2nd I wouldn't have a client tell me which dogs she wants to be bred as I know which dogs here would make the best breeding pair not the client

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post #6 of 33 (permalink) Old 12-05-2011, 12:58 PM Thread Starter
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Contract says proof must be provided, OFA rating because many vets misread x rays. Says she's not going to spend the money. I was even going to let her send just x rays, but dog's ID must be on the film. I would pay to have my vet give his opinion. She has given me another ultimatum, date to pick puppy up in mid Jan., which means the pup would only be about six weeks old, too young to go. this dog is now 3years,4 months old.
She waited till eight months after surgery on elbow ( he was less than a year old at time of surgery, from what I can glean from her)

to tell me it was done, sort of in a casual conversation. But when the dog was six or seven months old she called and said the vets thought he had a pinched nerve in his neck and wanted to do exploratory surgery. I talked her out of it, because she described pano-- A pup holding a front leg up and whimpering, and periodic lameness, that the vets said was a pinched nerve.
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post #7 of 33 (permalink) Old 12-05-2011, 01:02 PM
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PM me a copy of your contract and I will give you a free professional opinion...

*Greg Knight*
Viktor: 5 year old (DOB: 8/31/2008) GSD rescued 10/15/2011
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post #8 of 33 (permalink) Old 12-05-2011, 01:10 PM
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whew...my personal, uneducated, opinion is she can't do jack since your contract specifies that she has to provide proof. What does your contract state about a replacement puppy? Spay/neuter of first dog? Does she have to prove that? Does she have to return the first dog?

And what country are you in? Aren't you in Canada? That might change things as far as suing and who would win.

I absolutely would NOT let her give me ultimatums. She'll provide proof or she'll get nothing and since she's being a bully, I would make her spend the money for the OFA's as well. I bet she just goes away in the end.
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post #9 of 33 (permalink) Old 12-05-2011, 01:12 PM
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Well if your contract says no pup without proof - then hold her to it. It really sounds fishy to me and I think she is trying to dream up any situation that gets her a new pup, for FREE.

For me, if my dog was having surgery for anything, I am going to want more than 1 opinion. If the vet says ED, then I want xrays sent to OFA confirming their diagnosis. If she didn't choose to do this and now its too late because surgery has been done, then tough luck! The vet must have kept the original xrays on file, so at least you can see them - at the very least she needs to have them sent to you.

Stick to your contract - don't let her guilt trip you, and DO NOT allow her to call the shots. Even considering giving her a pup without proof the first pup has ED is more that I would have done. Now she wants it when it is convenient for HER. Not frickin' likely - if she doesn't smarten up, put her big girl panties on, and start working WITH you, tell her to take a hike!
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post #10 of 33 (permalink) Old 12-05-2011, 01:47 PM Thread Starter
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Quote:
Originally Posted by Rerun View Post
This seems like a no brainer to me. If there isn't any proof provided that the dog has ED, then obviously I wouldn't give her a new dog (puppy). You left out the part of your story regarding when and how she contacted you in regards to the dog having ED, but it sounds like you decided to do the breeding she originally wanted, and then she said the current dog had ED and now wants a free puppy from the litter she originally wanted?

I don't understand at all how she could sue you, sounds like a BS claim (anyone can sue anyone of course, but I don't see how she could win such a suit) made to get you to provide a litter for a breeding she possibly had a despoit on? I would've returned the deposit and washed my hands of this woman.
No, I did not do the breeding she originally wanted. She called to get a pup basically for a companion to ob train that would be safe with her show line female. Supposedly had a fenced yard. Dog five or six mo old and she called in tears how her boy friend was going to have animal control pick the dog up because it bit his four yr old niece ( didn't break the skin).asked how that happened, she explained they keep him tied to a tree in front yard, kid ran passed, pup did what pups do. I read her the riot act and told her I'd take the dog back. She wanted to keep him, so would move out. I offered to keep this dog til she relocated, free of charge, but she ended up kicking boyfriend out. Whew!!! Sounds like, feels like soap opera. Didn't hear anything til one day almost two years ago, she called on her way back from training in Illinois, (she lives in SC.) Told me how great her dog is doing after elbow surgery and how impressed the trainers are at the club some fifteen HUNDRED miles away from where she lives, that she trains with on weekends. Then about six months later, she asked if I had an older pup that could mondio or FR ring or some such. Told about a super twelve week old female I'd started training that I'd give her because of the prob with her dog. Then it turned into demanding a sable male with the same breeding as the dog she has(even though she was by then saying I sold her "a genetic defect", her words) then the ultimatums; date I was to have a pup available for her, or else. ( lawsuit and slather me and my supposed not standing by my dog all over the Internet if I didn't give her a pup from the breeding she demanded). Still haven't at that time ANY proof of ED. I said to her, when I have pup for her I'd let her know. Not good enough,She wanted one when SHE wanted it. So, I told her I'd give her a full refund with return of the dog. This was on my attorney's advice. Blocked her e mails because of abusiveness. It has been over a year since I have made a breeding, and, I true to my word, and against my attorney's advice( she said not to contact woman, let her make arrangement for delivery of dog to collect
refund). I asked for proof of ED, and now you know the rest by my prior posting. What else can I do?
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