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Dispute with puppy sold

Wildriding1

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Hi, I am a breeder and have been for many years. I only breed a couple of litters a year and I am a 5* licensed breeder who prides herself on an excellent reputation and being totally transparent.

I recently had a litter of puppies that have just started going to their new homes at 8 weeks old.

On the 9th January I took my litter of 9 puppies to my vets for their puppy health check.

I was seen by one of the vets who went on to inspect and assess all 9 puppies including the puppy in question.

All puppies were deemed fit and healthy by the vet and their health check forms were filled out and signed by the vet.

Puppy in question was purchased and collected by his new owner on the 13th January.
Before he left I went through all the puppy's paperwork with the new owner including his health check sheet.
As with all my new puppy owners,the new owner was given a sales contract, written up by myself, to which she read and signed.

This contract states how the puppy has been health checked by a qualified vet and believed to be in good health, it also states we strongly advise their own veterinary surgeon should give the puppy a general health check as soon as possible. The contract goes on to say if their vet finds any problem with the puppy which renders the puppy unfit for sale that I will take the puppy back and refund the full purchase price on condition the puppy is returned within seven days of purchase in the condition it left in accompanied by a written report from their vet stating the reason they find the puppy unfit.

The puppy in question attended his new vet practice on the 14th January where the vet dealing with him found he only had one descended testicle and an umbilical hernia.
"Puppy's health check sheet my vet completed and signed clearly shows he was passed for his testicle and hernia check. In the comment boxes which show in brackets; number undescended and size of hernia, at the side of both the testicle box and hernia box, no comments were made.

When the new owner contacted me by email the evening of the 14th of January informing me of this development I responded to her firstly by saying how mortified I was and how I have used my vet practice for a number of years now and have never had any issues. I mentioned that it isn't uncommon for male puppies of this age not have both testicles descended and that a small hernia isn't usually a concern but that both issues should have been spotted and recorded on his sheet. I asked her what she would like me to do and if she wanted me to take him back. She replied saying she was in a quandary what to do but fully accepted my position that this wasn't my fault but the vet examining the puppy should have spotted and noted these issues, which I totally agree with and said so.
The new owner also rightly pointed out that where these issues usually resolve on their own, sometimes they don't and costly surgery may be required.

I advised the new owner to bring the puppy back and I would give her a full refund as I didn't want her to worry about the situation and its potential to worsen. She advised me she would decide by Friday the 17th January which way she wanted to deal with the situation.

This afternoon (17th January the new owner emailed me to say she didn't want to return the puppy to me but thanked for my offer. She went on to say she had sought legal advice and she would like a 50% refund of the original purchase price which was £1450, so £725. Her reason being compensation and in case of possible extra vet's fees associated with an umbilical hernia and an undescended testicle if they didn't resolve themselves.

I do not want to, or feel I should lose out on this large amount of money because of my vet's fault/incompetence. The new owner went on to threaten legal action against me and is recommending I pursue my vets in a claim. My vet's have told me to send all the details by email to them and they will send it onto the Veterinary Client Mediation Service for them to deal with as this is standard practice for them to do so.

Obviously the important issue here is the puppy and his welfare, the new owner claims that the costs to her could be in the thousands which seems unrealistic to me. She also pointed out that her insurance company would not cover either of these issues as they are classed as pre-existing.The likelihood these matters will resolve on their own in time is high, but not guaranteed. Her opinion is it cannot just be 'left to see what happens' but in a puppy this age that's exactly what should happen unless the hernia grew and became problematic.

I am awaiting a copy of her vet's report which is part of the process she agreed to when signing the contract. The contract also states that she has agreed to being given the opportunity to inspect the puppy and assess his condition and state of health to which she did and was satisfied with her puppy. I have not seen or felt this hernia on this puppy and I do check for them as I have had pups in the past with small hernias that have thankfully righted themselves and have never caused any issues or needed any treatment. The new owner has sent a photo of the hernia and it is around the size of a pea so noticeable. Having spoken with my vet practice today she stated most puppies are born with them but why has it gone unnoticed?! During the vet check the vet had me hold all the puppies up on their back legs whilst he felt the umbilical area so I know he didn't just run a hand casually underneath them or forget even to check.

The whole tone of the new owners email is quite threatening whilst trying to justify her tone that she is being pragmatic and at the same time trying to be understanding from my point of view.

I don't want to get into a legal battle with her as nobody benefits from that apart from solicitors. I don't want to give her money and her keep the puppy as that isn't fair to me. I would rather have the puppy back and give her a full refund but she doesn't want to, but given the contract she signed that she will abide by and agree to how is that unreasonable of me. Ultimately this is the vets cock up but it's not going to be dealt with quickly by them.

Any advice or help would be gratefully received.

Thanks for reading.


lso
 
This company specialises in dog law and has a really good reputation: About Trevor Cooper | Dog Law Although you understandably don't want to get into a legal battle, they might be able to advise you on your rights.

However, if you still think that this is a good home for your pup, I do wonder if you would be better to give her the refund she wants and move on, so she doesn't embroil you in a legal battle or try to tarnish your reputation. After all, if he was returned to you, you might not be able to sell him for the original price given the undescended testicle and hernia, and if you wait till the Veterinary Client Mediation Service have come to a conclusion, pup will hopefully be well settled in his new home. My only concern would be if she's thinking she could sell the pup on at closer to what she originally paid.

Just my thoughts - I have no knowledge of the rights of breeders and buyers, but others might.
 

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