Your question is very confusing, considering your former question..In the last question you were the buyer, and in this question you are the seller.
So, now i don't know if it is 2 days, or 3 weeks, and several other facts.
So here it goes.....
If the time that the new owner had possession of the pups was 14 days or less......The seller must refund the money if the pup died of disease, rather than accident....As that would mean the seller sold a sick pup. ( the 14 days being incubation period for virus and the ultimate death)
If the time was more than 14 days, then the pup may have gotten sick AFTER it left the sellers home, so seller would not be legally responsible. ..Unless the pup was taken to the vet within 10 days of the owner taking possession, and the vet pronounced the pup ill at that time...
Now, unless you sell more than 50 pups per year, it is not criminal, so it would be a civil court case..
However, judges are very hard on the seller, so you would be stuck with any vet bills, the price of the pup, plus possibly a punitive damage, if they can prove you knew the pup was ill when you sold it ..and all court costs.
So, you would be better off to settle out of court, rather than allow them to take this to small claims court.
In several states, the judge can award twice the original price of the pup, plus court costs and vet bills.
You might be able to make payment arrangements with the buyers...
2006-07-13 06:27:48
·
answer #1
·
answered by Chetco 7
·
2⤊
0⤋
Are you the buyer or seller? Your last question said you are the buyer. Which one is it?
If the purchaser brought back the pup after 2 days and the breeder kept it for 3 weeks and then it died there was obviously a problem with the pup. The breeder should do the right thing and refund or replace the pup. The breeder should also take a close look at their dog care program and breeding stock quality. If it was a tiny pup sent away too soon, or not properly vaccinated or wormed there will be problems.
If you are going to sell pups you need to be responsible enough to sell quality dogs, and give refunds when necessary. A refund would be cheaper than a legal battle, and you will keep a clear conscience.
2006-07-13 07:22:04
·
answer #2
·
answered by debbie 4
·
0⤊
0⤋
Any responsible breeder would offer health guarantee/adoption agreement.
From what I understand they bought a puppy from you and 2 days later returned it to you saying it wouldn't eat. That the pup was with you when it died.
This is how I see it : When the pup was brought back to you. You should have offered a replacement pup. If they did not want a replacement pup, you should have refunded them the money.
I am not sure how much the amount of the pup was. Just think of this, how much would it end up costing you if you were to go to court.
Example:
PUP refund=$700
or
COURT=IF your found at fault
court cost not less than $100
filing fee not less than $100
purchase price of pup $700
attorney fees(if they have one) not less than $500
vet/food/meds fees they put out on the pup while they had it (not sure this amount either) lets say $300
$700 pup refund VS. court up to $1700 more or less
2006-07-13 11:03:05
·
answer #3
·
answered by okiewenee 3
·
0⤊
0⤋
You are responsible for the dog that you sold. This is just another reason we advise against people breeding. I hope other people on here who are thinking about breeding will read this and learn from it.
To puppy buyers: Any time you buy a puppy a responsible breeder will require you to get a vet check within 48 hours of getting the dog, and will also provide a time frame (usually a year) during which time they will take back a puppy should it come down with a hereditary disease.
2006-07-13 06:07:51
·
answer #4
·
answered by Anonymous
·
0⤊
0⤋
Just in case keep all documents at hand and get copy of paperwork from vet. The pup was under their care for 3 weeks and by my standards that means it lies on their lap unless while you had the pup there was something wrong, you noticed it, and the vet found it and told you about the problem and you sold pup anyway then it IS your responsibility to refund.
2006-07-13 06:59:31
·
answer #5
·
answered by honey2bears 2
·
0⤊
0⤋
Need more details, your question is hard to understand. Did you take the dog back and it died in your care? What was wrong with it?
Unless they did something to cause the dog to be sick and die, I think they are entitled to a full refund. They paid for a puppy that they could only have for 2 days.
2006-07-13 06:00:27
·
answer #6
·
answered by DaBasset - BYBs kill dogs 7
·
0⤊
0⤋
Yes, they are entitled to a full refund or another puppy. Check the puppy lemon laws in your state about the laws regarding sick puppies.
http://www.aspca.org/site/PageServer?pagename=cruelty_puppymills_lemon
Juries are not likely to sympathize with YOU - you could lose a lot more than a refund if they sue you. And unhappy customers tell everyone they know to avoid you. That could seriously affect your reputation as a good breeder. If you don't care, then you shouldn't be breeding dogs.
2006-07-13 11:48:43
·
answer #7
·
answered by Danger, Will Robinson! 7
·
0⤊
0⤋
This is exactly why only knowledgable and responsible people should be breeding dogs.
A responsible breeder would stand behind her dogs and gauarantee them for life and if you sold a pup to someone and it didn't even live a whole month, you definately are responsible for either replacing their pup or paying them back.
After that you should have all your animals spayed and nuetered to avoid having more sick puppies and legal problems.
2006-07-13 07:19:07
·
answer #8
·
answered by mutherwulf 5
·
0⤊
0⤋
if they only had the dog two days and were not the cause of it's death, then yes give them their money back. but in the future you should definately have something in a signed contract about who's responsible for what and how long the must keep the dog before a refund is not possible.
2006-07-13 05:59:17
·
answer #9
·
answered by Anonymous
·
0⤊
0⤋
depending on where you are living the pup can be covered under the "lemon law" which holds the breeder responsible for the 'quality' of the animal. unless you think there was mistreatment you will most likely need to do a full refund
2006-07-13 05:58:36
·
answer #10
·
answered by bava 2
·
0⤊
0⤋