Yogi in loving memory

Anyone knows anything about breeder contracts please?

We got our german shepherd puppies 4 weeks ago at the age of 8 weeks. The contract states that we had 72 hours to have the dogs examined and that any claims must be made then. It also states that as of the day we picked them up, the dogs were in good health, free of any communicable diseases. We waited for our 12 week check up and our vet told us that one of the puppies has a heart murmur. We had an EKG done and it turns out he has 2 different heart diseases (SAS and VCD) that he was born with, one of them being commonly heritable. The breeder is telling me that I didn't have the check up in 72 hours and that her vet didn't hear any murmurs. Well, ours did but it took a cardiologist to give a proper diagnosis. Do I have any recourse here? Thanks in advance for any insight on this.


Asked by Yogi in loving memory on Mar 19th 2012 Tagged contracts in Other Laws & Legislation
Report this question Get this question's RSS feed Send this question to a friend



Status

  • Cast your vote for which answer you think is best!


Answers

Guest

Sigh..this is why you must read & abide by the contract. I do not think you have any recourse, & frankly your breeder sounds pretty suspect anyways. Poor fella..they are soo cute. I hope things work out for you.


Member 904338 answered on 3/19/12. Helpful? Yes/Helpful: No 1 Report this answer


Bruno CGC

If you're in California or another area with "puppy lemon laws" you may still have recourse. The California law gives you up to a YEAR from date of purchase to get a replacement or refund if a licensed vet states that the dog has a defect that will adversely affect quality of life.
Here's a link to relevant codes:
www.dogplay.com
Dunno if there is anything similar where you live but you might also wish to consult a lawyer who specializes in animal law. Here's a link to one practice:
www.theanimallawcenter.com


Bruno CGC answered on 3/20/12. Helpful? Yes/Helpful: No 0 Report this answer


Seela

A good breeder would guarantee their puppies from health defects for a minimum of one year. Sometimes puppies do have heart murmurs but the valves close when they get a little older. If the breeders vet did not detect a heart murmur, hopefully it is on the small end of the scale and your puppy will be fine when it is older. I am not sure of any recourse if a guarantee is not in writing. I would wait until the puppy is at least 20 weeks old and get the murmur checked again, hopefully it would be gone.


Seela answered on 4/6/12. Helpful? Yes/Helpful: No 0 Report this answer


Sarge

It all depends on your contract and the state laws. A good breeder would give you a 2 year contract on hereditary defects and up to 72 hours for any communicable diseases. If your contract specifically states that they will only guarantee the pups for 72 hours period then I highly doubt you'll be able to do anything unless your state has a lemon law. One thing to note is in CA hobby breeders doesn't fall under the lemon law. The lemon law does apply to anyone that sells or gives away more then 20 dogs or has had 3 or more consecutive litters within a 12 month period. Here's a site I found this info on. www.animallaw.info It also tells you what options you have if your in CA. Hope this helps.


Sarge answered on 5/7/12. Helpful? Yes/Helpful: No 0 Report this answer