Deceptive Breeder Practices

What is the name of your state? Texas

I live in Austin. I purchased a puppy from a breeder I found online. He is located in Dodd City, TX. He stated that he would warranty the puppy for one year, replacing the puppy if it was found to have "congenital" defects.

Long story short, the puppy died within 2 weeks. The vet stated that he believed the death was a result of Porto-Systemic Shunt of the liver, a congenital defect. The vet was 99% certain this was the cause (actually 2 seperate vets had treated the puppy and both felt this was the cause), however the only way to know for certain at this point is to perform an autopsy, and we cannot afford that, financially or emotionally at this point, nor do we think that should be necessary.

We notified the breeder. He was at first sympathetic and advised as long as we got it in writing from the vet he would replace our puppy (though we would rather get a refund, as liver shunt is a genetic disorder, so we have little confidence in the quality of his dogs). We got the note in writing, it explained everything completely. We faxed it to him yesterday. He confirmed that he had received it. However he has not yet responded to repeated emails since then.

It is not confirmed yet whether he will be honorable or not, however my faith is diminishing rapidly. If he was a good reputable guy he would not be taking so long to reply to me, therefore it seems the only concern he has is for his own a$$.

I am looking for any possible avenues of recourse I can take. Small claims court will definately be one, though I don't know much about it. BBB complaint is a thought, though it probably won't do much, as well as AG and CPA complaints. I also plan to spread the story as far and wide as possible - any advice or legal implications involved?

Your advice is appreciated!!

[I AM ALWAYS LIABLE]

My response:

Geez, would you "get a grip"!

You only sent the medical report yesterday, for Christ's sake!

People have lives, don't you know - - and they're not waiting around just for you.

Give it 10 days. This would be a reasonable business practice.

Talk to us then.

IAAL

OK, OK!!

I know it has not been that long. However in the past (especially when we were nothing more than potential customers) he was very quick at responding. So I guess I am just getting anxious. I just want to arm myself with as much knowledge as possible for whatever may happen. I have been taking care to be sympathetic to the breeder as well, and have remained polite and patient in all my communications with him.

Thanks for the reply =)

[I AM ALWAYS LIABLE]

Originally posted by toshiro
OK, OK!!

I know it has not been that long. However in the past (especially when we were nothing more than potential customers) he was very quick at responding. So I guess I am just getting anxious. I just want to arm myself with as much knowledge as possible for whatever may happen. I have been taking care to be sympathetic to the breeder as well, and have remained polite and patient in all my communications with him.

Thanks for the reply =)

My response:

Like you, the breeder isn't a veterinarian. Did you ever stop to think that, perhaps, he needs time to submit the report to his own vet for a review and opinion?

Take a deep breath. Relax.

IAAL

That's a good point. Thanks for putting it into perspective.