Legal rights - Puppy died within 1 week.?

Question

We recently bought 2 Cavalier King Charles Spaniel puppies, both from the same litter and 10 weeks old.

We chose the two we considered to be the best quality, having owned this breed for 14 years and considering going into breeding. However, the smaller puppy Alfie died this morning.

He had always been much quieter than his brother but had never shown any other signs of illness, he just stopped breathing.

We contacted the breeder and he has offered us a replacement puppy for half the price.

We were just wondering how we stood legally? Should we receive our money back?

Any help would be much appreciated. Thanks.

Answer 1

I'm very sorry I love that breed they are so friendly I think you should get the new pup for free but just go for half price.

Answer 2

It all depends on the contract and what the puppy actually died of. Did you have a vet look at it and did you have an autopsy done? That could hurt your chances if it would go to court.

Most of the time a replacement pup at 1/2 price is what you will be offered unless in your contract it states that it is a condition that was genetic, the breeder knew about it and/or was not caused by you at all. Above all, the burden of proof lies in your hands.

Did you receive paperwork with cardiac testing on the parents? Cavaliers are a breed that has a high rate of heart disorders-actually one breeder told me 95% of the breed is affected in some way. The fact that one was quieter then the other leads me to think it may have had a heart defect.

Personally, if it is a genetic related problem and the breeder can not guarantee a health puppy, I would go somewhere else to a different bloodline that has all the health testing you can get. Get what you can and chalk it up to learning a lesson the hard way. Sorry if that sounds cruel but lots of us have been in the same position and learned to get it all in writing.

Answer 3

Depends on where you live. Most places give you anywhere from a few days to a week to take a new pup to the vet for a health checkup, and if you don't, the breeder has no further liability. You can check with your state Attorney General. A reputable breeder would want to make it right, however, and I think what this breeder is offering you is fair. You should consider getting a necropsy on the puppy to see if you can find out why he died. If you have a sales contract from the breeder, it should spell out replacement terms. If you didn't get a contract, consider it a lesson learned and don't make that mistake again. You should ALWAYS get a health checkup on a new pup at the first available opportunity, preferably within the first 24 hours.

I'm just curious-- you bought two puppies from the same litter with plans to breed them??? Also, KCC's have a known hereditary cardiac defect, so I'm not sure I would recommend breeding the other one either. You should ask the breeder if his dogs have had any testing, like cardiac ultrasound. The problems can be silent until the dog dies. Good Luck!!

Answer 4

You should have received some form of guarantee or else this breeder was just a backyard breeder and you should not be surprised at all. I would take the puppy to your veterinarian and you can do an autopsy on the dog to determine the cause of death. Depending on your state laws regarding, if the death was caused by something that had been going on and the breeder sold the puppy to you anyways, then you should be able to get the money back. But if the puppy died from a condition that appeared after you received him, then it can be iffy.
If this dog was shipped to you, that can cause complications and even death, yes, even a few days after the flight.

I hope you can figure things out, and I would recommend that you DO NOT take another puppy from this breeder if it is just a backyard breeder or a puppy mill.

Answer 5

I'm sorry for the loss of your puppy. How sad!

Did the breeder give you any kind of health guarantee and require a vet check within a certain time period?

I don't think that you will get your money back. But you might want to ask for a replacement dog from a different litter.

If you took the dog to your vet after picking it up from the breeder I would INSIST that the breeder replace your dead puppy or else I would start making some noise about the breeder.

I'd start with it's registering body....AKC or PBA and file a complaint. I'd also call the local Humane Society or USDA and have the breeder inspected and checked for any health/animal abuse issues. Kinda sad but cows, pigs, chickens and dogs breeders are all governed and monitored by the USDA because most states consider dogs to be "livestock".

I would also put the word out to other Cavalier King Charles Spaniel breeders to let them know that the breeder you bought from's dog may have some health problems. Maybe they already know. Maybe they share studs or females. You may avert a health crisis.

Send a letter to the editor of your local newspaper letting them know how horrible it was to have your puppy die.

Do not be quiet! The breeder may be passing on a horrible trait that the parents have to future generations and it will only get worse!

Good luck!

Answer 6

Personally I never find it to be a good idea to get a dog from a breeder to begin with. That wasn't what you were asking though so... It seems a bit odd that the puppy all of a sudden died. I would bring the puppy to your vets and have an autopsy done to see what caused the sudden death. Like someone else said dogs don't really show that they are ill as it's a sign of weakness. I'm sorry that happened to you. Personally I wouldn't get another dog from that breeder and I would keep an eye on the other puppy that you have. I'm not good with all the legal mojo though.

Answer 7

Depends on the contract she had you sign. When I sale a puppy they have three days for them to take the puppy to their vet and have him check out.. Every breeder should have a contract between the seller and buyer. The contract protects your rights along with her rights. I would never buy a puppy with out a contract nor would I sale one with out one. All I can say to you is if there was no contract you don't have a leg to stand on. Morly I feel she should replace the puppy but legally she can do what she wants.

Lesson learn never buy a puppy with out a contract that you both can live with. Sorry about your loss. I was wondering did you have the puppy check by your vet when you brought him home?

Answer 8

If you bought the puppy from a reputable breeder, you should have a contract that has a health statement.

The "Norm" for these contracts is actually just as the breeder told you - Replacement for 1/2 the price.

Answer 9

it surely relies upon on the settlement and what the pup surely died of. Did you have a vet look at it and did you have an post-mortem carried out? that could injury your possibilities if it may flow to court docket. lots of the time a alternative doggy at a million/2 fee is what you would be provided till on your settlement it states that it somewhat is a difficulty that became genetic, the breeder knew approximately it and/or became no longer led to via you in any respect. particularly, the burden of information lies on your palms. Did you obtain workplace work with cardiac attempting out on the mothers and dads? Cavaliers are a breed that has a severe fee of coronary heart themes-surely one breeder instructed me 95% of the breed is affected in some way. the reality that one became quieter then the different leads me to think of it could have had a coronary heart illness. individually, regardless of if it somewhat is a genetic appropriate difficulty and the breeder can no longer assure a wellbeing pup, i could flow someplace else to a distinctive bloodline that has each and all the wellbeing attempting out you may get. Get what you could and chalk it as much as getting to grasp a lesson the no longer uncomplicated way. Sorry if that sounds merciless yet a great quantity individuals have been in a similar place and found out to get all of it in writing.

Answer 10

Well I'm not sure if you'd get you're money back. Also dogs don't show illnesses that they have that easily, it has to be really bad before they start to show signs. This is because in the wild they have to be able to hide there illnesses well so that there predators don't see that they are at a weak state. So sorry for you're loss as well, and don't feel bad because you couldn't do anything you have to be able to bond with you're dog that way you know when he/she is acting normal or not. Oh also don't take another dog from that breeder, obviously he's selling it for half the price so he can get rid of them. I read on this website about fish breeders and you can tell if its a good breeder if they have hardly any dogs left right after there weened(sp?). Think adoption first the next time also :) hehe.

Answer 11

I am so, so sorry for your loss. The breeder sold you a sick puppy and should give you atotal refund. I would not accept a partial refund or another pup from this breeder. If it is not too late a necropsy(autopsy) should be done. It will tell you exactly what caused the puppy's death. Then you need to contact an attorney and see what laws govern the sale of puppies in your state. Some states actually have puppy lemon laws, just like car lemon laws. Find out what your rights are. They vary by state.