[BellaDior]

I'm totally new to this puppy owner thing. I purchased a 7 week old papillion from a breeder one state away. I did my re-search on papillons and decided this was the dog for me. However, I have had nothing but problems with her! Not even 24 hours after I got her I took her to a vet which diagnosed her with sarcoptic mange and ear mites. Less than 2 weeks later on her follow up appointment she tested positive for giardia, coccidia, and worms. (The breeder said she had been wormed, vaccinated, etc.) But now I have to take her back, because she's got a lot of blood in her urine. She is barely 10 weeks old and she's on 6 different medications. Is there anything I can do? I signed a "contract" when I got her stating that she would only be replaced if she died, and that no money would be refunded at all due to vet bills, etc. (WHAT? ) The contract is totally unprofessional looking. (Alot of words are mis-spelled, bad puncuation, grammar, etc.) Am I just totally screwed? No matter what happens, I want to keep her, but should I be re-imbursed for anything? Or would a lawyer just laugh in my face because I signed a wack contract? PLEASE HELP! :confused:

[labman]

I am very sorry to hear about your puppy. I can help with healthy puppies, see https://www.askmehelpdesk.com/dogs/i...tml#post251802 I have little legal experience. Maybe you need to look at this thread, https://www.askmehelpdesk.com/dogs/h...der-65693.html

I hope your little guy makes it.

[RubyPitbull]

Bella, you need to ask yourself, is it worth hiring a lawyer and spending additional money on his fees, only to possibly be told by the court that you signed an ironclad contract, misspelling and all? The courts don't look at whether the contract is grammatically correct. They look at whether it was clear that you knew what you were signing. It sounds like you understood it.

What you might want to consider is filing a claim in small claims court. It will cost you filing fees. Or, you can contact someone like Judge Judy, where it won't cost you anything at all and I believe you are paid a nominal fee if you are chosen to be on TV. But, in the end, if your contract is solid, you might receive absolutely nothing, or a partial reimbursement for the subsequent vet fees.

Just as an additional FYI, although you might possibly have a claim for the first visit, regarding the mange and earmites, on the subsequent visits the breeder can claim that they occurred two weeks after and the puppy could have picked those ailments up during your watch. Since it is hard to prove otherwise, it becomes a real coin toss and up to the discretion of the court. AND, the blood in urine means she has a urinary tract infection. That occurs very, very frequently when a pup or dog is placed in a new home. The stress of being separated from everything it has known prior to a new owner's home, quite often brings that on.

I hope this might aid you in your decision and make you feel a little better, my "baby" whose picture you see, was a rescue. Reputable rescue outfit. She was 5 or 6 months old when I adopted her. To make a long story short, within the first month I found out that she had kennel cough, whipworm, giardia, another intestinal parasite, and some other stuff that I don't remember anymore. Just like you, every time I treated her for something, something else would turn up. It took me 3 months to get her healthy. The vet bills were outrageous. But, it was what it was, and I just ate the cost. At the time, I recognized that it was part of taking on the responsibility of bringing a pet into my home that I wasn't about to part with. I didn't want to "throw good money after bad" in trying to recover some of the costs. What I did do was become extremely involved in my local rescue groups and learn as much as I could. But, that is me and I am not telling you that you should do this.

You have just encountered what so many people in the past have encountered. Yes, it is outrageous. These places need to be shut down! Personally, I think your time might be better spent trying to help shut that breeder down. File a complaint with the state vet's office where you bought the pup. Ask your own vet if he/she can advise you. They deal with this stuff all the time. In the process, you might find other people who have bought from this person and it would place you in a better position to possibly recover some of the expenses in a group suit, rather than in an individual one. AND, you will have the knowledge that you have helped other people from suffering the same problems you have encountered. It will bring you a great deal of satisfaction and pride. I am glad that at least you are a loving and caring person who is giving this puppy the right start in life, where she might not have had one, and that she is in a wonderful home.

[robynhgl]

Here's your loop-hole. You said that the woman stated that the puppy had been wormed, vaccinated, etc. Do you have this in writing? Do you have a letter, e-mail or is thise statement written in the contract?

If so, a court will allow a reasonable assumption that the puppy did have all of these things performed. If you took the puppy to the vet and found that it had not been done--that could void your contract. Also, I'm not sure what state you purchased your puppy in, but some states do allow a period in which to have a puppy checked by a vet after purchase... if there are problems, the contract can be voided.

Also--if your vet can say that the puppy was in fact sick and the breeder knowingly sold you a sick puppy--the contract is no good. You'd have to look at the way the contract is worded to see if she was possibly trying to weasel out of paying bills for a sick puppy.

There are plenty of free legal services--find one in the state where you bought the puppy. A lawyer will cost you more than the vet bills. If you plan to keep the puppy, you won't be entitled to a refund. But the breeder may be held accountable for the (or a portion of) the vet bills.

If this puppy is registered--contact the registry. AKC and other registries DO NOT like breeders who do business like this.

Good Luck and I hope your baby gets better!