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Discussion Starter #1
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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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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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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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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Discussion Starter #7
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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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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Why is she keeping pups for herself before her customers are satisfied? :confused: 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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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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@ The OP.
This is a hard situation to take a "side" on......
IMO...If your agreement with the breeder is for a replacement puppy....then you should be given a replacement puppy...period.
IF your breeder "chose" your original puppy (because of their breeding practises)...then your breeder has the right to "choose"" your replacement puppy also.
IF your breeder (honestly) believed, that the litter that was available, birthed "no suitable" puppy.....then you would be best to rely on his/her judgement.
IF your breeder made a decision to "halt" a specific breeding....*as bad, as it may seem or sound*...that is their prerogative.
Having a litter is a HUGE decision & commitment to make (at least it should be)...your breeder may not feel that the timing would benefit the litter being born. *Respect that*.
Please...speak to your breeder. Explain your thoughts......let her/him explain their reasoning.

I have a *very special person* at this moment, waiting for a replacement puppy.
I know what she wants, and she knows what she wants.....as soon as *that* litter/puppy is born...it is hers, and YES...there is a waiting period right now.
BUT...she also knows..every litter that I am planning...I would never not give her an option.

Again...JMO
 

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IF your breeder "chose" your original puppy (because of their breeding practises)...then your breeder has the right to "choose"" your replacement puppy also.
IF your breeder (honestly) believed, that the litter that was available, birthed "no suitable" puppy.....then you would be best to rely on his/her judgement.
I would tend to agree with this. If the breeder knows what you are looking for, and the Spring litter did not produce a pup that was appropriate for your needs, I'd trust her judgement.

I think that, according to your contract, you will have to wait another year for a pup. If you don't want to wait that long, you could *try* asking the breeder if a refund would be an option at this point. But since the contract states "replacement only", the breeder is under no obligation to give you your money back.
 

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I agree with everything said above but what happens if this breeder decides in the spring and next fall not to breed again or no suitable puppy comes from those possible litters as well? Should the OP have to wait years upon years if the breeder pushes back each time? OP I would call the breeder and question them. You have a right as you signed a contract, ask about a refund until she is ready to breed again. The worst she can tell you is no you have to wait however long. Good luck.
 

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i had a deposit on a pup that was non-refundable. things didn't
work out. i waited a year for a pup. i asked the breeder for a refund
and she gave it to me without any hassles. you have nothing to lose
by asking for a refund.
 

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Discussion Starter #18
I think I will ask her for a refund. I picked the original puppy myself based on two candid photos and a short description when she was 6 weeks old. She is the type who lets people pick but you have to pick at age 6 weeks and you have about a day to make your pick so the other people in line behind you can pick theirs. She does keep them till 8 weeks, you just have to pick at 6 weeks.

I really don't know why she didn't just let me have one of the 3 females from the last litter especially when the last female didn't sell till after they were 6 weeks old anyway.

Of course, the female that she kept is lovely now that I've seen newer pics of her on the site and she was probably the one I would have picked myself.

She pushed me to the fall litter when the spring litter was a few days old so I don't know how she could have known at that time that none of them would be right for me. I can't even tell at 6 weeks old whether I'm picking the right puppy or not.

I'll just have to see what she says, just bummed because I was really looking forwards to this puppy coming this fall.
 

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Possible, but unethical.
Yes, I agree. On the other hand, I don't feel like it's strictly ethical for the breeder to sit on the OP's deposit for over a year while failing to maintain good communications on the status of her planned litters, even though she's in compliance with the letter of the contract.

It just seems like the ethical thing for the breeder to have done is contact the OP, explain the situation, and offer her the choice of a refund or waiting for next year's litter.
 

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I really don't know why she didn't just let me have one of the 3 females from the last litter especially when the last female didn't sell till after they were 6 weeks old anyway.
I would guess that she wanted the cash from selling the puppies to pay some bills (probably ones incurred by the dogs, if it's like it is for almost any other dog owner!).
 
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