Ok!! Question regarding my dog?

Question

OK I bought a puppy from whom I thought was a good breeder. We bought two other dogs from her in the last three years which are perfect which is why we went back. Well this one is about 3 months old and has been diagnosed with a luxating patella. The breeder offered to buy the dog back but its too late, I can't give her back. Also in her contract it states that if within 6 months of purchase a congential or heredity disease is found she will pay all vet bills up to the cost of the dog. I am hearing that this surgery can be pretty pricey. Would you go after the breeder for the vet bills for it? Anyone ever have this type of experience?

We are going to get it graded next week. She limps all the time. Hops like a bunny when running. Sits funny and when she is eating she picks up the leg slightly off the floor. We paid $700 for the dog and we have only had her almost 2 months.

I looked up NJ state lawOnly the consumer shall have the sole authority to determine the recourse the consumer wishes to select and accept, provided that the recourse selected is one of the following:
1) The right to return the animal and receive a full refund of the purchase price, including sales tax, plus the reimbursement of the veterinary fees, including the cost of the veterinarian certification, incurred prior to the receipt by the consumer of the veterinarian certification;

(2) The right to retain the animal and to receive reimbursement for veterinary fees incurred prior to the consumer's receipt of the veterinarian certification, plus the future cost of veterinary fees to be incurred in curing or attempting to cure the animal, including the cost of the veterinarian certification;

Answer 1

I doubt that you will get any other satisfaction from the breeder, as she offered to buy the dog back. Normally, it is the breeder's choice to either buy the dog back, or make vet bills equal to the dog's price..It wouldn't hurt to consult with a lawyer, but I don't think a judge will make her pay, while you keep the dog.
.But, who knows, if you ask her, she may cover up to the price of the dog.

You are right.. the surgery will be very expensive. It sure would be nice if she will help.

I would be certain to get a second opinion, though, on whether the puppy actually needs surgery,

Answer 2

First of all, how bad is the luxation? Some vets like to grade the luxation, usually from one to four.

If there's little to no lameness, you may not need the surgery at all. Most dogs wih luxating patellas only have very intermittent lameness. Chances are your won't be much worse.

If you do need the surgery, it can be extremely expensive (depending on the quality of the facility, you could be looking at $1,500 or more.)


One last point, This problem is congenital, so the breeder should absolutely be held responsible. Hopefully the breeder is smart and won't be breeding those dogs anymore.



I would shop around, find the cheapest (and safest) place to do the surgery. There should be some places around that could do the surgery for around the price of the pet.

Answer 3

You would have to prove that the condition is indeed congenital or hereditary. You can try it but good luck. (PS The breeder counts on you not being able to give the dog back. If she offers to buy it back and you say no, usually the courts would say that the breeder has fulfilled her obligation. This particular breeder though seems to be willing to pay at least what you paid for the dog. My first call would be to let the breeder know exactly what the vet said and see what the breeder says. Let them know you are planning on having the surgery and ask what info they want for verification from the vet. IE would the vet bill do?

Answer 4

The first thing you should do though, is to talk to the vet and recieve information on the luxating patella how bad it is. Also state what steps would be needed in this situation, followed by a estimates on the procedures as well as medications. I know most vets give estimates upon request and have them print out for you.

Take these estimates to the breeder or send them to her so she can review the estimates. Then you should come to a decision based on these estimates what you would like to do, have her pay for the cost, go half and half, or whatnot.

Personally I stick to contractual agreements, if it states within the contract that she is willing to do that then I would have the breeder follow through. But that's my opinion.

Good Luck.

Answer 5

The contract sounds like what breeders generally use and I agree with one of the other posters that it's pretty generous. You have to understand that defects happen because your dealing with mother nature, that is why the breeders offer to buy the dog back or replacements (which probably doesn't make you feel better once you bonded). You probably don't have a case to bring against the breeder due to the contract and clauses that he/she try to remedy the situation in the manner stated.

Check out the source link for more info about breeder contracts that may help.

John.

Answer 6

If she's willing to pay the bills up to the cost of the dog then I say let her. It'll alleviate some of the financial stress from you.

I wouldn't be too hard on the breeder. It's not something that could be prevented. Some breeds are more susceptible to various disorders than others. I'm sure she had the puppy examined by a vet before sale, but it may not have been apparent at the time.

Answer 7

the problem you might run into is that she has offered to buy the dog back, which in some courts would be fullfilling her obligation of a guarantee. also it would be hard to prove if no other dog in this line has had this problem, or it doesn't occur very often. your best bet is to try and talk inteligently with the breeder since you have a history with her, about covering at least some of the cost. but i think you would be wasting more money trying to prove she owes for the surgery, unless you can without a doubt prove that this has and is a problem in her lines, and is genetic. which can be difficult. the court and attorney fees would be more than the cost of the surgery. unless you want to go onto a tv theatrical type of court. i would just try to be nice and respectful at first. but i'm afraid you might be stuck. sorry wish i had a better answer for you.

Answer 8

If you have a solid health contract, go after the breeder. I would think that you could because of the congenital disease. Just talk to your breeder, many will work something out with you.

One of my French Bulldogs had a congenital defect and the owner paid my vet bills and let me keep the puppy. Just FYI: most breeders do not cover congenital and common breed problems, so you should consider yourself lucky that your contract does.

Answer 9

If anyone tells you it isnt the fault of the breeder, any educated person will respond with the following:

any reputable breeder pays for genetic testing on the mom/dad to those diseases/disorders that affect that certain breed, to eliminate this occurance before pup's are sold.

if they do not, and research needs to be done to find out about the breeders that do, I would not recommend paying 700.00 to a breeder for a pup, thats outrageous when there are so many diff. types of full breed/mix breeds pups/dogs available at your local shelter or pound, espeacially if this breeder doesnt test for genetic defects.

Good luck winning that one if you persue it.
in the meantime, take on all responsibilty for that pricey pup you have just purchased, because owning an animal means there is no price for their life.

Answer 10

Her contract was clearly stated .. and compared to others I have heard of .. her's sounds fairly generous. Actually, very generous. Even a good breeder can not predict the health of a new born pup, or what will happen further down the road. I don't think she owes you anything other than what she stated in verbally and/or in writing to you when you purchased the puppy. Sorry. Good Luck ! :)