can i sue this breeder?

Question

reasons why:
i have yet recieved any papers proving that he is a maltese.
vets,groomers, have all said that he is a bichon poodle mix.
and they found out that he is a cryptorchid (his testicles will not drop)
&we bought him in july.
what can i do?

yes, i recieved a 1 year health guarteed contact.
he has been getting sick, atleast 1 a month.. he hacks up yellowish/green stuff.. the doctor says shes not sure whats the cause but im certain its from his testicles being inside of his stomach!!

well his temperment is not what we expected. we expected a well behaved maltese, laptop.. where as the bichon is verrrry stubborn and almost impossible to train which is putting a horrible strain on us.

i do have a contract where it states how much i have paid.

well i got "some" akc papers.. and the papers said that they breeder ALREADY sold the litter and their not sure where MY puppy (the one she sold me) is coming from, and that she needs to fix this problem. and i havent heard from her since... she does not pick up her phone either!
I live in california, near san francisco.. and she lives in L.A .. so its a long way to go see her..

we also contacted her saying that they doctor said that his testicles are a problem and she said "ooo noo! they will drop.. do not worry!" but weeks later we call back and she says "ok, well i will pay for the surgery"... is that not WEIRD or what!!!?

ALSO we requested that we pay her another $20 to send us the akc papers! .. my boyfriend called her and "lied" saying that he sent the money.. and she said "yes, i have recieved your payment" when we actually didnt...
weird...

Answer 1

Did they advertise him as a registered dog with papers? If so yes you have a case. That alone is reason enough for bringing a case against them. Now you have the burden of proof.
1. Do you have or can you get a copy of the advertisement?
2. Do you have a signed Sales Contract stating the dog is purebed.
3. Was he to be purchased with full breeding rights or limited registration (this could be the difference on weather or not the testicles are an issue!)
3. Is there a written Health Guarantee
4. Get written statements from the vets and groomers stating they believe the dog is in fact not purebred but actually a mix and have them list the reasons exactly why they feel that its a mix.

You purchased him in July if he was a young puppy his testicles still may drop unless you have been told otherwise by a veternarian and in that case you would also need written proof from the vet stating exactly that.

Good luck I imagine if you were actually sold a mix as a purebred, if there are any papers they don't belong to that particular puppy

EDIT ~~~~~ Sounds like your pretty much covered in writting get your proof together take it to the court house and file small claims. PS you will need to pay the initail filing fees but the breeder would have to reinburse you for any legal fees should he/she lose the case. Good luck!

EDIT ~~~~~ After reading your aditional comments
1. Yes go to the court house tommorrow
2. Contact the AKC and explain her poor record keeping skills. They may revoke her priviledges.
3. Might not be a bad idea to send a state inspector, usda inspector or animal control her way also

Answer 2

When you bought the dog, you should have received a contract that includes some important information. This would be the breed of dog, the association with which his parents are registered, and their registration numbers.

Here is what the AKC says about this: When buying a purebred dog, buyers should seek a reputable breeder. If you are buying a dog that is supposed to be registerable with the AKC, it is your responsibility to obtain complete identification of the dog or you should not buy the dog. It has long been common practice to explain the inability saying, "AKC hasn't sent the papers yet." If a breeder is doing his paperwork in a regular, careful manner, there is ample time to obtain the necessary "papers" from AKC prior to sale of any puppy. When "papers" are not available at the time of delivery, it is a red-flag warning sign to exercise extreme caution. Make sure that your registration papers have the official AKC seal.

Their website gives excellent information about registration:
http://www.akc.org/enewsletter/yourakc/2005/march/buyer.cfm

There are lots of bogus "kennel clubs" or registries that will register practically anything with four legs. Their registration is meaningless, except as an ego trip for the owners.

If the breeder has violated their contract, then you may have a case. For example, if the dog was sold as a show prospect, and doesn't have his testicles in his scrotum, you may have a case. Or, if the contract states that the dog or its litter is registered with a specific association, you might have a case. If so, you would probably go to Small Claims Court to sue them.

The first step would be to write a demand letter, enclosing a copy of the contract, with the pertinent information highlighted. Referring to the contract, request that the breeder give you what is specified within a stated time period, usually 2 weeks or 30 days. Mail this by certified mail, return receipt requested.

If you do not get a satisfactory answer, bring the contract and your letter into court.

If the dog was advertised in the paper, and the ad says that the dog was a registered purebred, you have this evidence to go on. It's better than nothing!

If the whole thing was done by oral agreement, you probably would have difficulty getting a judgment against the breeder. It's your word against the breeder, in that case.

Registered or not, purebred or not, your dog is still your love! So, no matter what his papers say, or if the only papers he has are the ones he pees on, he's still your baby!

Answer 3

Were you told the dog is AKC registered? If so, you should have received papers the day you picked him up - papers showing the litter was registered. Then you, in turn, send them to AKC to register the dog. I would ask the breeder when she is going to send you the papers so you can register the dog. Keep in mind, even though you might receive papers stating the dog is a pure breed (maltese), it depends on the breeding as to how the dog will look. But regardless, if you were told he is a maltese, he certainly shouldn't look like a mixed breed. If you were sold an AKC puppy, you can always email or call the American Kennel Club and voice your concerns to them. Note: I bought an AKC puppy in August and I just got the papers from the breeder YESTERDAY!!!! She wrote on the papers that I took possession of the puppy on December 8 - I guess she didn't want the AKC knowing that it took her 4 months to send me the papers!

Answer 4

You might have a chance if your state has a puppy lemon law. Otherwise, I'm guessing you don't have the papers because he isn't Maltese. Do you have a signed contract by the breeder? If he is cryptorchid than he has been that way since you got him. You should have went to the breeder as soon as the vet told you he was a cryptorchid and asked for a reduced price or another puppy.

Answer 5

Yes, you can return the puppy and get your money back, and I would do it now, do not wait, till the puppy dies, sounds like came from a bad breeder, maybe she runs a puppy mill...you have 1 yr health guarantee use it,,,return the dog tomorrow, go online to AKC, search the breed you want, and AKC only recommends reputable breeders....no phonies, she is not calling you back or giving you papers, she sold and lied and said dog was a ouere breed, it is not per you.....that is why you have not gotten the papers yet, there is none she can provide, the dog is not registered....

this is breach of contract, she is liable for any vet bills you have had to pay, since puppy always sick, this is typical of a puppy mill dog......breeder misrepresented the dog, she is looking at fraud charges.....and possible closer of her kennel..

Now, get ahold of her, return your dog, tell her why and you want all your money back, or you will sue, you wont have to believe me.....then call the Better Business Bureau in your city and file complaint against her, this way anyone checking her out to buy a dog, a complaint has been filed, and they wont get stuck like you did..

then call the local DA'S office, let them know the situation and tell them, she lied about dog being pure breed, dog is always sick, and you have health cert, for 1 yr, and you would like to file fraud charges on her....they may or may not do it, but tell her who all you have contacted and she will run to you with the money, then kiddo, buy you a good healthy dog...

if you want to get attorney, fine, he can put more pressure on her, but I really think, once you tell her what you intend to do, you will not need a lawyer...why...

Paralegal (19) yrs....we see things like this every day in our law firm.....I work for 12 lawyers, it gets funny what people bring us to do....good luck and let us know how this turns out please...

Answer 6

You would need to talk to a lawyer if you have a health guarantee/contract with the "breeder" saying it's guaranteed healthy and purebred....also the testicles not dropping will not cause him to be sick, just a larger bill to neuter him...so the getting sick is another strike against this so called breeder....it may just end up costing you more trying to prosecute her though than it's worth. Next time you buy a dog, buy from a real "breeder" who runs a proper kennel and you can get feedback from others who have bought from her or him...too many "breeders" call themselves breeders and they are just glorified byb's, a registered dog is not a healthy well bred dog if the person who is breeding them is a idiot.

Answer 7

It depends on what state you live in as lots of states have adopted "puppy lemon laws". The best place to start is your District/County Attorney...

Dogs are considered "goods" under most state laws. As such, they fall under a priciple of law called "warrant of merchantability", that is you have to get what you paid for.

You didn't state whether or not you had a written contract with this breeder, a verbal one is just as enforcable...maybe harder to prove...

The point is, you paid money for a "good", the breeder accepted the money, therefore a basic contract in the barest of it's form has been created......Your "goods" (the dog) was bought by you on the assumption it would be in good health...with papers and was what the breeder said it was.

I'm NOT an attorney, but I have experience with dogs and contracts....each individual state is different, so please contact your local District/County Attorney's office...they are there to work for YOU...it won't cost you anything to talk to them....You have definately been ripped off.

Good luck!

Answer 8

this far a long you might be able to sue, but it may be tough without a contract. If you love your dog by now, you might talk to them first and say you need papers or you would like half of your money back. As far as the cryptochyroidism, this can be repaired surgically i believe, but it is not something a vet can forsee, unless your vet says that it was obvious to the breeder, as you can not sue unless it was something the breeder was aware of. try contacting the AKC also.

Answer 9

Having an undesended teste will likely not cause him to vomit (I've had such a dog). This MIGHT be empty stomach syndrome which can be helped by feeding twice a day or just giving a bisket as a between meal snack.
You might succed in small claims court if he is not the breed advertised but be aware the judge my require you return him if you want money back....

Answer 10

I wouldn't be surprised if AKC, if sent a picture and it really doesn't resemble a maltese, might not do a DNA test to see that both registered parents are actually the real parents