My friend purchased a dog 4-5 years ago from a very well known international breeder. The dog came with a sales contract that covered certain health conditions for his breed including what he died from. His dog died from an unusual heart condition last June and the breeder offered to replace the puppy at a reduced rate. My friend has paid in advance for this new puppy.

While in transit in Nov./Dec. to pick up the replacement puppy, the puppy had an "accident" and hurt his rear legs. This is what the breeder told him so another older dog was given as compensation for his time and trouble for the trip because he had just driven 17 hours to get there. It was agreed that the obligation for a puppy still has to be fulfilled.

It has now been a year since the death of his beloved pet and still has not received what is owed him - a new puppy that matches in quality as to the original dog.

In addition to not receiving a replacement puppy, he has had the older dog for 6 months and still has not received registration papers as promised even after many requests. My friend is thinking the dog he received is a rescue and not truly bred by the kennel because the dog doesn't look like the others they have.

My friend lives in New Brunswick, Canada, and the breeder lives in London, Ontario, Canada. I am very interested in this because I am waiting to get a puppy from somebody a good distance from where I live as well. What are options available to people to get restitution from breeders?

Denise

Denise, What kind of contract did your friend have with this breeder on the original dog? Most breeders do not give a lifetime health guarantee so unless this breeder had a guarantee that covered life-threatening health problems for the life of the dog, I do not understand how the breeder can be held responsible for the death of a 4 or 5 year old dog. The breeder may have just been trying to be nice and sympathetic by offering a replacement pup at a reduced cost even though he was not contractually obligated to do so. Depending on the terms of the original contract, your friend may have no recourse against this breeder.

The situation is that he has everything in writing but the breeder is not standing behind it. The original contract and a new one for for the replacement puppy. She has accepted money upfront for the replacement. He has receipts for them. So what options are available?

As much as I hate suggesting it, if your friend has receipts and everything in writing, he should give it to a lawyer to look at and see if there is anything that can be done.

Usually the guarantee does not extend to the life of the dog. There must be a misunderstanding because it makes no sense that the breeder would give him a dog just for his trouble. I mean if it were me I can't imagine accepting a dog I didn't want. To what end? Also, it's the breeders perogative as to which dog replaces the old dog, the breeder determines what dog is of equal value. I'm afraid theres not much to be done since your friend did accept the new dog. It's really horrible when these kinds of misunderstandings happen regardless of who did what. I agree with Sarah let an attorney examine all the paperwork.

That story seems to be missing some pieces here.
When your friend accepted the older dog, for what? what reason would you take an older dog just BECAUSE you drove 17 hours?
If a pup is what you were coming for than either you take your pup (not injured) or go back home and wait for another one.But to take a older dog just because you drove that far is ridiculous!
So you mean to tell me that as soon as she would have gotten a replacement pup she would what? give back the older dog? keep it? what?
It does not sound right to me and I feel sorry for the older dog she has cause it sounds like he is not wanted and his future is bleak..
I think if you accepted this older dog, that is the replacement.

"I think if you accepted this older dog, that is the replacement."

Ditto.

Whatever the contract says, the new owner has obligations to the older dog, which he inspected, and accepted. It is a living thing.

In family law in my jurisdiction, the law puts the best interests of the child above any agreement between the parties (parents). Any agreement may be struck if it is contrary to those interests of the child: ie the most vulnerable party.

I think it would be wise if puppy purchasers (and breeders) viewed their contractual obligations in this light.

Raising and acquiring puppies is a risky business for all parties.

The offer of a replacement puppy from another litter is not an offer that any reasonable puppy purchaser should expect to be satisfied in a short period of time.

In fact, there are many excellent reasons why a breeder would not breed again, or not breed a suitable replacement for a particular purchaser. Often these reasons are related to the best interests of the puppies to be produced (or not). It is not reasonable to expect compliance with this contractual "promise" under all circumstances.

If your friend wants advice he should come to the forum personally, and post a copy of the contract. Otherwise what we are evaluating is 2nd hand one sided news. The way these posts go, the breeder almost always has a different, and compelling, perspective.

IMO, reputable breeders put a lot on the line when breeding. Potential puppy purchasers should be thankful, and accept that the process is risky. At the end of the day, the bottom line that counts is the welfare of a pup in one's care.

rgds, andrew may

 Quote: susan tuck

Usually the guarantee does not extend to the life of the dog. There must be a misunderstanding because it makes no sense that the breeder would give him a dog just for his trouble. I mean if it were me I can't imagine accepting a dog I didn't want. To what end? Also, it's the breeders perogative as to which dog replaces the old dog, the breeder determines what dog is of equal value. I'm afraid theres not much to be done since your friend did accept the new dog. It's really horrible when these kinds of misunderstandings happen regardless of who did what. I agree with Sarah let an attorney examine all the paperwork.

Let me clarify a bit here. My friend is self-employed and he lost money taking time off to go and pick up the puppy. The dog was offered, not asked, for compensation for his time to get there. The breeder felt badly and knew that my friend's heart was aching for a new buddy to live with. My friend was willing to add two dogs into his home.

The two of us are thinking that the older dog is a rescue which is why he was offered and has no intention of returning him. As for why my friend took the dog, it was because they needed each other NOW. My friend was told that the older dog originally lived with an unmarried couple who would bring the dog to the breeder for one reason or another due to arguing and couldn't keep it at times for whatever reason. The breeder finally said enough, this was not good for the animal to be shuffled back and forth. My friend showed compassion to get him out of there. My friend is single and lives alone. He needed the dog as well as the dog needed him.

I may not have been clear or stated this in my original post that my friend did pay upfront and in full for a replacement puppy at a REDUCED price. He does have a written contract for a puppy, it was not a verbal agreement. The breeder has come up with all sorts of excuses why she doesn't have one for him.

I do think my friend should seek legal counsel just like the rest of you because of the time that has passed already and due to the distance between the two parties involved. I was just hoping you all had some ideas.

 Quote: denise hau

The breeder has come up with all sorts of excuses why she doesn't have one for him.

What were they? Some reasons for not having pups are good reasons. Does your friend have a good reason for thinking the breeder is lying?

Denise, I think that the reason that legal counsel has been recommended by everyone is that to make a judgement on your friend's situation requires knowledge of the entire story...viewing of the contract, etc, something that is usually beyond the scope of an internet board.

But I will say that a breeder shouldn't produce a litter of pups, IMO, just because one is "owed." I agree with Andrew:

 Quote: andrew may

The offer of a replacement puppy from another litter is not an offer that any reasonable puppy purchaser should expect to be satisfied in a short period of time.

In fact, there are many excellent reasons why a breeder would not breed again, or not breed a suitable replacement for a particular purchaser. Often these reasons are related to the best interests of the puppies to be produced (or not). It is not reasonable to expect compliance with this contractual "promise" under all circumstances.

That being said, there ARE some shady breeders out there. But just from what you've written, I'm certainly willing to give the breeder the benefit of the doubt.

But, IMO, if your friend doesn't trust the integrity of the breeder 100% then he should request the money he's pre-paid and look elsewhere for a breeder he does trust. If he doesn't trust the breeder, the why would he want a pup from her?

Only a lawyer can really tell you what your options are.