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  1. #1
    ChristineT Guest

    Bought a purebred dog, but he is mixed

    I bought a purebred Staffordshire Bull Terrier about 10 months ago. I paid $500 for the dog, and he came with American Kennel Club(AKC) pappers. I registred the dog with AKC for an additional $32. As the dog matured I started to notice the dog was "off" and might be a mixed breed. I had him DNA tested threw the AKC for an additional $35. In about 2 months the results from the DNA came back that he was indeed a mixed breed as I suspected.

    The breeder is refusing to compensate me unless I return the dog, but I will not return to dog. There are many reasons why, but a major one is the breeder threatened to kill the dog once I sold the dog back. I am not asking for a refund or an exchange, I am asking for compensation for purebred and mixed breed price. (And anyone knows you can pick up a newspaper, look in the classifieds section and see ads for free mixed breed puppies)

    I have a Bill of Sale signed by the breeder stateing, that I bought a purebred Staffordshire Bull Terrier for $500. Reciepts for all costs.

    What do I do?

    Christine
  2. #2
    hexeliebe Guest
    If you do not want to return the dog then you need to file in small claims court (where the breeder is located) for compensation. Be sure you get supporting documentation from the AKC and the DNA test, bill of sale, original papers from the breeder and other pricing from other breeders for your breed.

    Also, try to find at least 5 other prices through the newspapers and/or breeders magazines for mixed breeds of your variety.

    Also, register a complaint with the AKC. They take these things very seriously.

    Also remember, very few breeders (dogs and cats) are like this. We recently had another poster on this forum looking into breeder contracts for British Longhair cats and just today I found out from her that the breeder she had found to purchase a beautiful girl from for $500 wrote to tell her there was a genetic defect in the kitten and she would not hold the purchaser to the contract.

    This is a responsible, reputable breeder. Yours is not.
  3. #3
    ChristineT Guest
    Thank you for your responce.

    I know now that this breeder is neather reasonable or reputable!

    Yes, I do have the AKC registration papers, DNA profile, and Bill of sale. Also, all reciepts for the items listed below.

    I also am thinking about adding in the costs of AKC registation and pedigree ($32), AKC DNA testing ($35), and AKC Agility Training ($200), because all are worthless now that I know he is a mixed breed.

    Possibly treatment for Demodex mange, which is an inherted skin dissorder($200), and the special diet he had to be on to clear the Demodex up which is about $30 more a bag compared to regular dog food.

    Also, when I bought the dog, the breeder was driving from his state to CA for a dog show, he brought my pup along. I bought the dog here in Del Mar, CA. The breeder also signed the Bill of Sale here in Del Mar, CA. Doesn't that mean I can sue him here in CA?

    Also, a Bill of Sale is considered a legal contract right?

    Do I have to file with small claims? I have a very weathly family member is willing to pay all costs to take this to civil court.

    Thank you in advance,
    Christine
    San Diego, CA
  4. #4
    hexeliebe Guest
    Unless the bill of sale specifically states that the sale will be subject to another state, you can and should file in California where the sale took place.

    And yes, pursue this.
  5. #5
    gobonas99 is offline Member
    Join Date
    Sep 2002
    Location
    Upstate New York
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    333

    Hex...dude...

    They're British Shorthair cats, not longhair.

    And thanks again for your help with this, btw.

    OP - I agree with hex....you should DEFINTELY pursue this further. Let us know how things turn out for you.

    -Christina
  6. #6
    ChristineT Guest
    Thanks.

    Yes, I will let you know the outcome. It will be a couple of weeks before we contact Lawyers.

    I just wanted to make sure some people had the same opinion as me on this issue.

    The breeder also said the court can force me to give the dog back, but is this true? I've paid for the animal I don't see how anyone can make me give him up.

    ???
  7. #7
    hexeliebe Guest
    yes and no. It depends on the judge and the court. If you're going to make this about keeping the dog make sure you only sue for costs associated with the medical treatments and not full recovery of th purchase price.
  8. #8
    ChristineT Guest
    Well I was going to sue for $450 for the dog. $500 minus $50, because it costs about $50 to adopt from a shelter.

    But I shouldn't sue for AKC agility training, AKC registration, AKC Pedigre, or AKC DNA testing?

    Christine
  9. #9
    dallas702 is offline Senior Member
    Join Date
    Apr 2005
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    western U.S.
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    1,834
    Lawyers? You don't need or use lawyers in small claims court. A lawyer will cost at least $600 just to file the claim and serve the defendant.
  10. #10
    jpritchett81 is offline Member
    Join Date
    Aug 2004
    Location
    Atlanta
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    697
    This post is over 2 years old.....hopefully the OP has figured out something by now.
  11. #11
    torcal is offline Junior Member
    Join Date
    Oct 2005
    Posts
    14

    Mixed Breed

    CA

    Sue the guy in small claims court for the $500 less what the dog is worth now on the open market. In other words, have the dog "appraised" by someone with the qualifications and submit the written appraisal, receipt of your payment and the breeder's representation of the dog's thoroughbred geneology along with your complaint in small claims court. You might also add as damages the cost of the DNA testing, including vet fees and postage.

    Your "cause of action" set forth on the complaint should be fraud. And don't forget to notify the AKA and dog breeder's association of the violation of their rules by this guy - but only if you win. Otherwise, your pronouncements can be considered actionable defamation.

    PS: Call Animal Control and the SPCA and just find out if it's legal to kill a healthy animal rather than put it up for adoption first. If the answer is no, you can make this guy look even worse in court.

    You can't be represented by counsel in Small Claims Court, but it appears to me that you don't need one. You know what you're talking about.

    Good luck!
  12. #12
    Blue Meanie is offline Senior Member
    Join Date
    Jul 2005
    Location
    Massachusetts
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    23,657
    Quote Originally Posted by dallas702
    Lawyers? You don't need or use lawyers in small claims court. A lawyer will cost at least $600 just to file the claim and serve the defendant.

    Don't feel bad dallas...I did the same thing on another dog post...

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