Could I Sue and Win Against this Dog Breeder

[Ashley01]

What is the name of your state (only U.S. law)? KY

I purchased an AKC german shepherd dog from a breeder. I have had this puppy for 6 days.
I purchased puppy at 6 weeks unknowing that was a bad thing and KY has no laws against selling dogs at 6 weeks
The breeder told me one of her males was the father and the mothers owner had AKC paperwork from Tennessee and was given a paper stating the owners name of the female, her contact info and that she would be sending AKC paperwork. I have messages where I sent her my address and she saying she would send the paperwork out on Tuesday. I still haven't got it.
The puppy had a runny nose and I had to treat that to which the breeder denies the puppy was sick. But I took it the day after I brought it home and the vet confirmed this so the puppy was sick when I bought it.

After the issues I have had I want to take the puppy back. I don't think I am fit to raise a puppy either and I think I should stick with cats. But the issue with the nose and the AKC paperwork has me leery. The breeder has several people who were happy with their past purchases and told me that I'd get the AKC paperwork but if I was unhappy with the dog to bring the dog back to her. This was a casual statement and she did not say whether or not she'd refund me.

I was thinking of asking her to take the puppy back. It's not even 7 weeks old and she already had people she had to turn away to purchase it after I put a deposit down. I was going to ask her to give me a refund because I know she can sell it. I also thought about offering to keep the puppy until she can find a person who wants to buy in case she would be hesitant to offer refund if I returned it and she had to watch after it for a while. It has it's medicine that I will also return to her to treat it's sinus infection plus a de worming the vet gave me to give later on.

I don't feel that my request is unreasonable.....and I was wondering if she refuses to work with me if a judge would see my case as being worth me being given a refund. Also, if I don't get the AKC papers I would definitely sue. And I suppose that also is reason enough to ask for a refund especially if I return the puppy at an age that is good for another sale and in better health. Any insight would be appreciated.

Also...cost was 650 and I paid approx 50.00 in vet bills. I do have reciepts for all of this. There was no contract about bringing the puppy back or about the health of the puppy. However I do have the write up that is signed stating the dog IS AKC registered and I will receive papers. Also.....I have facebook and cell phone messages with us discussing the problems, me stating I'm uneasy about it now and the breeder saying "Please bring the puppy back to me if you decide you do not want it" and "I am reputable and I don't want to lie to anyone, I am an honest person". For whatever that is worth.

Update: I just asked the breeder about returning for a refund and they said they sold it for somebody else and that they would have to refund me. I don't think it matters who they sold it for, it just matters who sold it and where the transaction took place.

 

[Just Blue]

What is the name of your state (only U.S. law)? KY

I purchased an AKC german shepherd dog from a breeder. I have had this puppy for 6 days.
I purchased puppy at 6 weeks unknowing that was a bad thing and KY has no laws against selling dogs at 6 weeks
The breeder told me one of her males was the father and the mothers owner had AKC paperwork from Tennessee and was given a paper stating the owners name of the female, her contact info and that she would be sending AKC paperwork. I have messages where I sent her my address and she saying she would send the paperwork out on Tuesday. I still haven't got it.
The puppy had a runny nose and I had to treat that to which the breeder denies the puppy was sick. But I took it the day after I brought it home and the vet confirmed this so the puppy was sick when I bought it.

After the issues I have had I want to take the puppy back. I don't think I am fit to raise a puppy either and I think I should stick with cats. But the issue with the nose and the AKC paperwork has me leery. The breeder has several people who were happy with their past purchases and told me that I'd get the AKC paperwork but if I was unhappy with the dog to bring the dog back to her. This was a casual statement and she did not say whether or not she'd refund me.

I was thinking of asking her to take the puppy back. It's not even 7 weeks old and she already had people she had to turn away to purchase it after I put a deposit down. I was going to ask her to give me a refund because I know she can sell it. I also thought about offering to keep the puppy until she can find a person who wants to buy in case she would be hesitant to offer refund if I returned it and she had to watch after it for a while. It has it's medicine that I will also return to her to treat it's sinus infection plus a de worming the vet gave me to give later on.

I don't feel that my request is unreasonable.....and I was wondering if she refuses to work with me if a judge would see my case as being worth me being given a refund. Also, if I don't get the AKC papers I would definitely sue. And I suppose that also is reason enough to ask for a refund especially if I return the puppy at an age that is good for another sale and in better health. Any insight would be appreciated.

Also...cost was 650 and I paid approx 50.00 in vet bills. I do have reciepts for all of this. There was no contract about bringing the puppy back or about the health of the puppy. However I do have the write up that is signed stating the dog IS AKC registered and I will receive papers. Also.....I have facebook and cell phone messages with us discussing the problems, me stating I'm uneasy about it now and the breeder saying "Please bring the puppy back to me if you decide you do not want it" and "I am reputable and I don't want to lie to anyone, I am an honest person". For whatever that is worth.

Update: I just asked the breeder about returning for a refund and they said they sold it for somebody else and that they would have to refund me. I don't think it matters who they sold it for, it just matters who sold it and where the transaction took place.

Wow. You want to return the living creature you bought? And how on EARTH did you NOT know that 6 weeks is too young to remove a pup from it's mother? 6 weeks is also too young for a kitten...

Blech...You should not own any animal.

 

[coolmaltese]

Why not keep the puppy and get it the help it needs and deserves?

Many people who first get a pet have initial remorse and think they cannot handle it or take care of it. The truth is, most people that give it some time are very thankful down the road that they keep their pet. It's not that difficult...takes a little time and patience and getting things into a routine.

The issues you have with the poor puppy most likely can be treated within a short period of time.

Think about how the poor dog feels...

And a note to anyone thinking of buying a pet -> Please visit your local shelters and humane societies first. There are a lot of great animals needing homes (and many shelters have puppies). You will be saving a life...

 

[Proserpina]

I don't disagree with you guys (at all). But I need to give this one a straight answer, y'know?

Yes, you can sue. Anybody can sue anybody else for anything.

Will you win? We cannot predict that. The crystal ball has been missing for several years now, and the ouija board is out for calibration.

Take your chances, or not.

 

[commentator]

Even the grossest puppy mills, which you don't know, this may have been that, but they have to send in the the AKC puppy papers from the place where the female is when the litter is born, which wasn't very long ago, and then get them back so they can get them to you later so you can register the dog as the owner. It doesn't seem like the amount of time get the papers you are supposed to send in that you are describing is excessive.

Better that you figure out now you do not want this job and that you get the puppy back to the original owner and get your money back. Much better than when it is six months old.

I am absolutely blown away by one thing though. I understand that a six week old puppy, (and I have raised motherless puppies from birth, tis no easy job!) can be a whole lot more trouble and nurturing and demanding job than you realized or bargained for, especially if your only previous experiences with animals have been cats and kittens, which are a whole different ballgame. But honey, where, I mean WHERE did you find a vet who would do a new puppy exam and treatment for $50 in this day and place? The going rate for this service in my area is somewhere about $200!

 

[Proserpina]

Even the grossest puppy mills, which you don't know, this may have been that, but they have to send in the the AKC puppy papers from the place where the female is when the litter is born, which wasn't very long ago, and then get them back so they can get them to you later so you can register the dog as the owner. It doesn't seem like the amount of time get the papers you are supposed to send in that you are describing is excessive.

Better that you figure out now you do not want this job and that you get the puppy back to the original owner and get your money back. Much better than when it is six months old.

I am absolutely blown away by one thing though. I understand that a six week old puppy, (and I have raised motherless puppies from birth, tis no easy job!) can be a whole lot more trouble and nurturing and demanding job than you realized or bargained for, especially if your only previous experience with animals have been cats and kittens, which are a whole different ballgame. But honey, where, I mean WHERE did you find a vet who would do a new puppy exam and treatment for $50 in this day and place? The going rate for this service in my area is somewhere about $200!

Up until a couple of years ago there was a mobile service available in two counties here. They did neutering and basic exams and care for a ridiculously low price for anyone and it was free if you could prove you're really low income.

Unfortunately funding ended and the service is no more.

(They were very, very highly regarded even by other vets in the area)

 

[Ashley01]

How was I supposed to know 6 weeks is too young? Everyone I know who got their dogs from breeders got them at 6 weeks. I had no idea.

I am not low income, but that's what my vet charged me for a new patient visit. Not sure what was up with it but I am thankful.

The breeder in this instance has allowed me to return the dog for an almost full refund and then will give me more in a few days when I return some paperwork.

I don't really care that the issues can be corrected in a business sense. I do care about the wellfare of the dog. Every site I went to that people owned dogs and bred dogs on told me I SHOULD return the puppy because no ethical breeder would.
Sell a 6 week old puppy
Sell me one with worms
Sell me one with an infection
and sell me one without a clear contract.

Since I didn't know about the 6 week issue, I had no idea it had worms or an infection until my vet visit at 24 hours after buying it I started to freak out that I had purchased a dog that may have other issues down the road that were due to some irresponsible practices. I felt I was within my rights to raise concern with the illnesses.

Also the mother dog's breeder/owner is on google search in a news article where in 2012 somebody bought one of her dogs with an infection and she REFUSED to help/refund and the person ended up suing her. It didn't help me feel I was going to be dealing with a "fair" person. And she isn't....but the person who sold the dog for her is going to make it right. Most breeders want people to return a dog. Apparently this happens all the time and for the most part, breeders aren't upset when this occurs.

 

[Proserpina]

How was I supposed to know 6 weeks is too young? Everyone I know who got their dogs from breeders got them at 6 weeks. I had no idea.

And ... you didn't bother to actually research beforehand?

You didn't think to look into what you were planning to do? Seriously? This is a living, breathing animal. I'm just gobsmacked here. The level of irresponsibility (yours) is staggering.

I am not low income, but that's what my vet charged me for a new patient visit. Not sure what was up with it but I am thankful.

The breeder in this instance has allowed me to return the dog for an almost full refund and then will give me more in a few days when I return some paperwork.

I don't really care that the issues can be corrected in a business sense. I do care about the wellfare of the dog. Every site I went to that people owned dogs and bred dogs on told me I SHOULD return the puppy because no ethical breeder would.
Sell a 6 week old puppy
Sell me one with worms
Sell me one with an infection
and sell me one without a clear contract.

Since I didn't know about the 6 week issue, I had no idea it had worms or an infection until my vet visit at 24 hours after buying it I started to freak out that I had purchased a dog that may have other issues down the road that were due to some irresponsible practices. I felt I was within my rights to raise concern with the illnesses.

Also the mother dog's breeder/owner is on google search in a news article where in 2012 somebody bought one of her dogs with an infection and she REFUSED to help/refund and the person ended up suing her. It didn't help me feel I was going to be dealing with a "fair" person. And she isn't....but the person who sold the dog for her is going to make it right. Most breeders want people to return a dog. Apparently this happens all the time and for the most part, breeders aren't upset when this occurs.

Whatever.