I bought a sick puppy and the owner bailed on me. I stopped check and now seller wants funds or dog.?

Question

I purchased a 7 wk old boxer on a saturday afternoon. We took him home and noticed how sick he was he had a really bad breathing problem and had a fould bowel movement covered in a milky slime, diahrea and vomitting. We called the vet and got him in on tuesday. He had an upper respitory infection and was malnurished. They didn't find parasites in his stools. She was suppose to have provided us with the breed paperwork for her boxer and the father so we could get our boxer registered. She didn't want to pay the costs. He also was not vaccinated and I was very concerned so she said just to let her know if we needed anything or whatnot. I kept emailing and calling the seller and she wouldn't not return my calls or email me back. So I stopped payment on the check I gave her. Sure enough she contacted me a week later and said she would give me papers. She still hasn't and now her husband calls to bitch me out and wants the dog or payment. What do I do. Am I in the wrong or is she?

This breeder was obviously a backyard breeder and just in it for financial reasons. I stopped payment not for reasons as to get the puppy for free but to get a response from her. I had emailed and called her numerous times and never got a response but the second I stopped payment I got her attention. I just want her to understand its not right to sell sick puppies, and you don't just take the money and run. When she realized the payment had stopped she emailed me and said she would get me the paperwork but never did. Then thats when her husband started his sharade. I don't mind paying but I will not just hand over the puppy and not get reimbursed for vet bills. which he said he wouldn't pay. I wrote them yesterday stating I was no longer going to deal with the situation and I was going to let our lawyer get ahold of them and for them to no longer call my home. the husband was not there for our purchase or agreement so he's going off his wifes story and not listening to us.

Answer 1

Tough spot to be in - you've invested money and love into this pup and now to have to give it up would be difficut, I assume, or you wouldn't be asking this question. ;-)

Unless you had a contract or written guarantee, you generally bought it 'as is' from a legal standpoint. Even if the breeder made verbal promises, unless you have a 3rd party it's your word against hers - a sticky situation.
And even if it was legally determined that you did have a guarantee, you couldn't have it both ways, to keep the pup and get your money back.

In your situation, and depending on the pups prognosis and future expenses based on it's illness, I'd probably write another check but deduct vet expenses AND the stop check fee that was necessary to get some action on her part. It's not unusual for a reputable breeder to wait until a check clears before sending papers. But now, as part of the remedy to your situation, get the papers upon cash payment and make sure any other guarantees you get are in writing.
That pup should have never left the breeder at that age & in that condition and therefore those expenses should be hers. Have your vet write a letter stating as much if necessary.
Any reasonable person should be happy to get a dime after such nonsense. Not that you're dealing with a reasonable person, mind you. ;-)
Good Luck. I hope your puppy makes a full recovery!

Answer 2

I'm guessing that you don't have a contract. Unless the "breeder" registers the litter there is no way that you can register the puppy. A responsible breeder would have already had the puppies vaccinated and would have had the vet check them before they left.

Sorry but this is why it is important to make sure that you are dealing with a responsible breeder rather than a backyard breeder. Technically since you stopped payment on the check they do own the puppy but by the same token they owe you for the vet bills.

Answer 3

Do you have a contract with this person? All good breeders make you sign a contract when you buy a puppy. It's for everyone's protection. You still need to pay for the puppy. I would deduct the money for the vet visit since that should have been take care of before you purchased the puppy. Also make sure to report the breeders. You should have gotten the papers at time of puppy transfer. When I bought my bull terrier I had to have proof that I took her to vet within 48 hours of purchase. I also got vet records from the breeder and the vet they used faxed our vet with all the records they had for the puppy. There is no reason this shouldn't happen unless the litter is not registered. They are selling sick puppies and most of the time it's illegal. I'm sorry to hear he's sick. I hope things get better.

Answer 4

You did the right thing! Rest assured, the seller needs to be held responsible!!! I am very glad to hear that you were able to stop payment in time. A lot of times the seller gets away with ripping people off. This time you were one step ahead of him/her. I am tired of people not taking responsibility for things like this. I would not pay any money to this guy, you have a vet bill to cover, and you have all of the worry, and stress over this.

I would not only pay any money to him, but I would charge him for the stop check fee. Tell him to go fly a kite!

Answer 5

Did the seller provide any kind of paperwork/warranty with the dog stating that costs for the animal are your responsibility once sold? If so, there's nothing you can do. Just pay her for the dog, or give the dog back if that's what you want to do. If she didn't provide anything stating the costs are your responsibility, you can get a lawyer and try to get the seller to pay the costs.

Answer 6

check to see if there are laws in your state about selling sick dogs. but normally breeders will either take the dog or give you the money back, you dont get to keep the dog for free.

this breeder has warning signs everywhere. puppies should stay with their litters for at least 8 weeks, no less. she didnt give you papers b/c there arent any. you got your dog from a backyard breeder. i just hope you didnt pay too much

Answer 7

You're both wrong. You should have done more research before buying a dog from a backyard breeder and she shouldn't be breeding at all. Legally, I think that you are probably in the right as she sold the dog to you with the expectation that papers would be received. Simply suggest to them that you get a lawyer involved, I think that should settle things real fast.

Answer 8

She is, Every dog seller should be held accountable for within 3-5 days after the dog being sold if the dog get sick within those 3-5 days, they are to either replace the dog or pay for the vet bills to get him fix up and healthy.

Answer 9

Be careful, without papers or receipt you have no legal powers, remain civil, explain that you want to keep your dog but they have to understand the serious nature of the pups condition, meet in a neutral place to exchange papers for money, get a signed receipt for your money, ive been here and it is scarey, happy ending for me though so good luck, im sure it will work out fine, p.s record calls that her husband makes to you and what you say back just incase

Answer 10

Sounds like you got hold of a bad breeder. The breeder should have given you a guarantee of health for the puppy, Good breeders do that, did you get that? If so, they should respond to that.

You do have their dog and you didn't pay for it. You can pay for the dog and keep it, or return it to the breeder. Doesn't seem fair to the dog to give it back. Also doesn't sound like you are going to get any satisfaction from the breeder either.

Keep the dog, pay the breeder, and love the dog, he needs it.