What do you think is fair?

Question

i had a 2 month old dog and a girl purchase her from me she asked me if we can make an agreement saying that if she takes the dog to the vet and the doctor saids shes fine then everything will be good but if the doctor said their is something wrong with the dog then she would return it back to me for a full refund.She told me the dog had seizures and the doctor said it was best to put her to sleep but she never had seizures in my home and she had the dog less than 24 hrs so she took it upon herself to put the dog to sleep.Should she have her money back being that she didnt follow the agreement?

Answer 1

I would have insisted that she bring the puppy back and you could have had your vet check it. Before you give her any money back, you need to get a report from her vet and should have a necropsy(autopsy) done if not too late. When there is a guarntee on a pup, you do not have to just take their word that the pup died. They may be lying just to get a pup for free. Or the pup may have died from something else, maybe an injury. I didn't owe them a penny because the pup was injured in their care a month after they bought it.

Here is an example. I sold a pup to this couple. She was 3 months old and in excellent health. The lady emailed me a month later and said it
had died and the vet they took it to said it had a severe heart murmur. My vet had checked the puppy twice and found no heart murmur. They of course wanted their money back. I said, fine as long as there is a necropsy done and it shows the heart murmur and that it was the cause of death. They had already buried the dog, and didn;t want to dig it up but I said that is the only way they would get a refund. The necropsy showed that the puppy had sustained some kind of severe injury and that was the cause of death. Their was severe bleeding in the heart and lungs.

Answer 2

(1) ALWAYS get the contract in writing

(2) She breached your oral contract so NO refund.She shoul dhave returned the pup with a copy of the vet'sr report and notes on the pup

(3) "She told me the dog had seizures and the doctor said it was best to put her to sleep".... not a creditable story since unless the vet saw it go into a seizure (and epilepsy is inherited), all the vet had to go on was her story. Even if true or the vet saw a seizure, she had to contact you and return the pup to get her money back andleave the decision to you as to whether you wanted to put the pup down or put it on epilepsy anti-seizure meds or do a more extensive workup.

(4) Now on the other hand,assuming the pup did have a seizure, there is another cause for seizures besides epilepsy and a frequent cause is distemper.

If you sold her a pup that was supposed to be in good health and infact it wasn't because it had distemper, had a seizure and couldnot be saved because of the distemper, then yes, she gets her money back. (Returning the pup if a vet deemed it irreparably and mortally ill will excuse her from briniing it back to you. ) Distemper would be a particularly aggregious breach of your contract as the pup should have already been vaccinated for such illnesses and any reasonable breeder/oowner would have done so.


The answer comes down to what was the vet's diagnosis.

One diagnosis - she gets her money back

Another diagnosis - she doesn't get the money back.

Ask for a copy of the vet's notes and diagnosis. Talk to the vet.




"peep" may be in the third year of law school but remind me not to hire him/her as a law clerk. I had paralegals who knew better than to jump to such a conclusion.

Too cocksure to see how there could be a need for more facts.

Too ignorant of the causes of seizures in dogs to know that it could have been more than epilepsy and due to a beach of contract by the seller and that the standard of reasonable vet care could require that the pup be put down because the conditon was untreatable and it was too ill to transport about and/or dying.

Answer 3

No. She was obviously trying to scam you of your money by paying the $50 to put the dog down so she could get her $xxxx amount of money back and then you are out of your precious puppy.

If this was true, what the vet said, ask her to get a written statement from the vet that said that the dog was having seizures and was best to put her down. - Making sure there is a signature and a stamp clarifying that the statement is true.

No vet would say that a dog, of 2 months of age, would have to be put down because of seizures. They can be properly controlled by medication, once or twice a day.

Answer 4

No, the agreement was that is the dog didnt proive to be in good health then she would return it tto you for a refund. Being as she DID NOT return the dog to you then she should NOT get her money back, per your agreement. I hate to say I agree w other answers above but it to me sounds like a scam too, I wouldnt be surprised if the dog is alive & well & she is just trying to get a free dog out of you. "MAYBE" if she provided proof from the vetrinarian(sp) that she had the dog put to sleep but even then she didnt follow the terms of your agreement so legally you owe her nothing

Answer 5

NOT IN A MILLION YEARS. If she didn't want the dog she should have returned it instead of having it put down.

I would not believe her when she stated the vet advised euthanasia. They have medication for seizure disorders. If the vet advised that she most likely done something to the dog to cause the seizures and lied to the vet when she took him in.

Call the vet and ask if they are able to release any info to your about the condition of the dog. My advise is not to refund her money. Not one dime.

Answer 6

NO WAY! She was supposed to bring the dog back to you for the refund per the agreement. Let her take you to court if she doesn't like it, I'm betting any judge would find in your favor! I've personally never heard a vet say an animal should be destroyed for seizures. My friend's dog has them and they have him on medication, diagnosed 4 years ago and still going strong.

Answer 7

No, she should have returned the pup.

I seriously doubt a Vet would euthanize a puppy without trying meds for seizures. Seizures are not uncommon and medicines can work very well to control them.

I'll bet she has the dog but just wants her money back. Go to her Vet's office and ask them. But, either way, she should not get her money back.

Answer 8

She should have returned the dog to you and let you make that call if she wanted a refund. By not returning the puppy to you as agreed upon, she null and voided her right to a refund of any kind. She also should be referring you to her vet so that you can call and speak to him yourself. This all should have happened before her making that call to put the puppy down. Has she bothered to offer you proof that the puppy was put down yet?

Answer 9

No she should not get her money back. You cant get your money back for something you dont have anymore. I would also contact the Vet to make sure she actually did put the dog to sleep and she not trying to scam you.

Answer 10

ABSOLUTELY NOT! i'm in my third year of law school and you have not breached the agreement. she did not follow the conditions you put on her in order to get her money back. the only way she should get the money is if she returned the dog to you, but she didn't so the money is yours. tell her she's an idiot and take a hike.