I need some expert’s advice on this issue I currently have with Von Falconer k9 training located at Santa Cruz, CA. They breed GSD and all K-9 material dogs.
(We purchase Leerburg’S training DVDs, we used crate train. We just don’t have experience with GSD but we have experience on handling other breeds)

On March.22.2010- My wife and I visited the kennel of von falconer and were told the female puppy is a calm, lay-back sweet personality and she is a show line. Which we are lack of experience of big dogs and Bryan Falconer seems like a cool guy. So we made a purchase and sign a non-refundable contract.

March.22-23.2010- The puppy screams over everything she does. While eating, drinking, getting pet or hold. And she bumps her head towards to wall and fence.
We were worry and we knew she is not a calm puppy as they told us so. We email falconers and call them and got no response.

March.24.2010- We have finally got Bryan Falconer over the phone and explain how the 8 week old puppy is trying bump her head to everything she sees and she won't stop crying for 48 hours and we have beg them for refund. The puppy is not what we asked for and she seems very unstable. Bryan said NO REFUND NO MATTER WHAT and he said he has spent 2 long hours with us and now we ask for refund. My wife cries over the phone and beg them to take the dog back and only refund us $800 will be fine. Of course he refuse to do so. Finally Eric Falconer got over the phone and told us to bring the puppy back to the kennel.

March.25.2010- Puppy back to the kennel, Eric Falconer told us the puppy is a runt over the phone and changed story when we are there at the kennel. Also told us the puppy should be a working female, a personality like a tough cookie will be hard to live with a family. Of course von falconer is willing to re-sell this puppy for us and refund our $1150 and contract states that the sale may take up to 4 months. (Due 7/25/2010)
We tried to ask them to just refund $800 only and they can keep the puppy. But Bryan said it would only be fair to you if we refund you the full amount of money you paid. We were happy and there goes a sell.

April-May.2010- Still no one is interesting in that puppy while all other kennel in the near area sold all of their litter $1200-1500 per pup) Email Eric and ask him if I should help post more ads on web. He said yes so I start my post of $800 and Eric email me and said put $1200 and I did then after 4 days he said this puppy worth about $2000 please change the ad to $2000.
I asked him how about $1200 and I will only take $500 and you can keep the rest. He said NO.

July.2.2010- I asked Eric to release the puppy to a friend of mine. Since the pup can't be sold soon and finally someone is willing to keep her.

Eric reply in his email:
We have a bill on her boarding and training now. So speak with Bryan as he has been training her. If these folks are ready to take her they can pay the bill thank you Eric 831-427-3811 we will be here first thing in the morning she is going to class tonight in Santa Cruz. We can also Video the training for you to see on your E-Mail thanks
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Now, I am shock... I am not sure if they have the rights to charge the fees. I have scanned a contract but I am not sure how can I post it here for everyone to see. Email me I will show you the contract.
Please let me know if I should bring this to court or not. If I do the court will take place at Santa Cruz, A. We are worry if the court will be fair there since Von Falconer trains k9 for police there.

What should I do????? Eric kept saying it’s my fault that I am lack of experience and saying I am the one who picked the puppy and they are just doing us a favor. So who is the bad guy?

my email is : greg1886t@yahoo.com

It would be a civil matter, not a criminal one. Law Enforcement would not be involved in any manner.

If you feel they violated something implicitly stated in writing, contact a civil attorney to file a breach of contract civil complaint.

Here's what I'd do. Find out if animal sales in California fall under the buyer's remorse laws. If they do let this guy know he needs to refund you the full amount per the law. California has pretty good consumer protections and since this guy runs a business this isn't the same as a personal transaction.

Greg,

check your PMs.

Mike

Thank you so much for the information. But we are tring to locate if there is a code for the buyer's remorse law. Thank you for reading our post.

Thanks to all. You guys are being so supportive by responding to my post.

http://www.dogplay.com/Breeding/lemonlaw.html
I don't see anything in here about temperament. It looks to be all illness and hereditary defects.Good luck Greg, this could be an expensive lesson for you. Sorry.

I know there is somthing abnormal about this puppy,
but I just could not be sure what is wrong with her due to lack of experience.
I certainly learned something in a very hard way.

If he promised you a low drive showline puppy but instead sold you a high drive workingline one, maybe you have grounds for him mis-representing what he sold you.

Is there anything in writing or emails where you describe what you want and he agrees that is what he is selling you?

Not much in writting tho. Most of the requirement are done over the phone and in person. When we got the puppy she was so calm at their place. after 5 hrs she was all crazy at our home. We assume the pup just had her de-worm/shots the day we visited her.
That would only make sense. They plan this all.....now they gave me OPTIONS of 1. pay them $300 to get the original puppy back. 2) credit towards to another puppy price atsrts at 1250 and up.
Sigh~~we are sooooo pissed. Didn't know bigger the kennel more the risks....I should of gone to small breeder.

 Quote: steve strom

If he promised you a low drive showline puppy but instead sold you a high drive workingline one, maybe you have grounds for him mis-representing what he sold you.

Is there anything in writing or emails where you describe what you want and he agrees that is what he is selling you?