I just got a 8 mos old gsd female possibly to breed about 3 weeks ago. She was represented to me to have appropriate drives for schutzhund, protection, show etc. She is afraid of her own shadow. When I asked to return her the breeder refused. Obviously I cannot use her to breed as was my intent. What are my rights? The contract doesnt say anything about returning the animal. Any thoughts would be appreciated. Thanx

What was the contract? Or did you just purchase her with no guarantee but a verbal one?

Ooops just read what you said about the contract....sorry.

 Quote: chris mihalov

. . .She was represented to me to have appropriate drives for schutzhund, protection, show etc. She is afraid of her own shadow. When I asked to return her the breeder refused.

Some of the breeder people here would probably have better ideas than I have, but generally, you need to get your ducks in a row to see what recourse you might have.

Anyone else witness the breeder's representations?
What exactly does the contract say re: her suitability for schutzhund, protection, show, etc.?
Does the contract spell out any methods for handling disputes?

The more silent the contract is on these matters, the more it'll become a "he said / I said" dispute which doesn't favor you.

Are you qualified to evaluate her? Know an independent person who is?
You can take a shot at a small claims action, but just be very prepared in advance, e.g., can you find other buyers who have had similar experiences with the same breeder?

Mike

The contract says nothing about returning or refund unless it is inherited disease. I do have copies of the emails in which he describes the dog and her suitability for breeding. He verbally said she was returnable - but I know that his word means nothing. I dont know any of his customers as he is an out of state breeder to where I live. Is there a place to lodge complaints against bad breeders like the better business bureau? I would hate to see others in this situation. It isnt just about the money - but the dog is not an adaptable dog and is miserable. She was kennel raised and seems more comfortable outside. At 8 mos I dont know how much socializing will do for her - and there is a time issue for me. Guess I learned an expensive lesson and have to do what is right by this dog. Sure would like to do what is right by the breeder...

Chris: how shy is she, what do you mean about shy? How long did you say you had her? Is there a chance you could work with her a little more, I understand you feel you are in a crunch for time, but maybe if you worked with her a little more? I don't know, Just wondering. It is scary purchasing a dog over the internet and never seeing her until the day you buy her, is this what happened with you,dId you ever get a chance to see her in action at the breeder?
Just some questions.
God bless you

Chris:

Does the contract say "inheritable disease" or "inheritable condition"? (the wording is important here)

I am sure there are studies showing shyness is inheritable and therefore your dog is not suitable for breeding as she was represented and sold to you.

Edit: it sounds like you bought a show dog from your post. I do not have a GSD but from what I've read on this very board many times, show lines are NOT suitable for Schutzhund or protection work. I think it's kind of an either/or proposition.

 Quote: Angela Burrell

Edit: it sounds like you bought a show dog from your post. I do not have a GSD but from what I've read on this very board many times, show lines are NOT suitable for Schutzhund or protection work. I think it's kind of an either/or proposition.

This would depend on your goals in the sport. If you are not interested in the top levels of the sport and just want a dog that will pass its titles, a GERMAN showline dog will do just fine. If you want to be competitive, I believe that there are VERY few (if any, I really don't know of any off hand) showline dogs that will take you very far. My showline girl has her SchH1 (passed her first time, can't remember her scores, believe they were fair considering she is show lined). She could have gone farther. Many showline dogs have SchH III. But you usually see them at trials focusing on showdogs, not in high level competition.

You probably weren't saying that a showlined dog CAN'T do Schutzhund, but that's what it sounded like so I just had to clarify that they CAN, they just aren't generally capable of competing at the high levels of the sport.

 Quote: chris mihalov

I just got a 8 mos old gsd female possibly to breed about 3 weeks ago. She was represented to me to have appropriate drives for schutzhund, protection, show etc. She is afraid of her own shadow. When I asked to return her the breeder refused.

Chris, I would give her more time then 3 weeks but then again , I have been in the same boat as you except it was with a DDR female. When I got her out of her crate at the airport she was very afraid of everything,got her home and she was so afraid of everything, I gave it 2 months and decided the guy who sold her to me ripped me off.I ended up selling her to a family and she actually ended up very nice and protects very well in their home. On the field (for Schutzhund) she looked very unsure of herself and I did not like that about a dog, I did not want a dog that looked as if I handled her harshly, and that is what she looked like on the field ,like a dog that was afraid of her handler. I moved on, sold her for half of what I paid for her and bought a very nice female later from Germany and she is today everything a female should be on the field and off.What I am saying to you is that if you feel that this female you have is NOT what you want , and she shows characteristic of being a fearful dog , get rid of her, because my experience with that is that it never changes very much...I had a show line female that I got at 6 months of age (moons ago) that acted very shy and ended up being a fear biter later, bit a 12 year old etc..get yourself a dog that will be confident on the field,that dog won't be.Sorry if anyone thinks I am being a bit fast and cold on this one but I have been there way too many times in the past, same boat as this gentlemen....Shy dogs do not change very much, and many times become fear biters...far from being a sports or PPD.

In most states you can file a claim for breach of contract where you live or where the seller lives. You can file a breach of contract claim alleging 'fraud in the inducement' in small claims court, without an attorney, and ask for the refund of your purchase price and 'recission' ie a cancellation of the contract. (If you win, you will of course be returning the dog to seller, and your seller will be refunding the $ and expenses to you.) If you have a written contract in which seller alleges that there are no contract terms ' other than what is contained in ' the final contract document, your case becomes more difficult, but not impossible. Include a claim of fraud: that you were induced to enter the sale contract because the seller lied to you by falsely claiming that the GSD was 'schutzhund and protection capable' and/or was not shy or fear aggressive. Emails proving these promises will be very important. Since it will cost $$ and time for the seller to defend a claim which you can file where you live, you may be successful. Note that I would not ordinarily recommend a lawsuit as a solution to 99% of dog-related issues, but such breeders give a bad name to the whole profession.

(I am an attorney with 35 years' experience in the law but only a few months as owner of a young GSD.)