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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Sold a health checked puppy to a family ,sadly pup had to be

Customer Question

sold a health checked puppy to a family ,sadly pup had to be put asleep with a congenital liver problem , they now want there money back I did offer them a pup out of another litter because they did not keep the 4 week free insurance going that I let them have when picked the pup up , that company would have payed out
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

How can I help with this please?

Customer: replied 6 months ago.
I want to know where i stand when i sold a health tested pup at 8 weeks old and it saddens me to find out that the pup at 4 months old he had to be put asleep with congenital liver shunt , they sent me a email saying how happy they were with the pup but never said they had any problems. at time of sale we a give them 4 weeks free insurance which covers them but they did not continue with this, now we are asking for there money back where do i stand.can i add if they stayed with the insurance the company would have payed out for there sad loss,and the parents have all health test required.
Customer: replied 6 months ago.
Hi I have paid for a service to contact you for advice, I have sent over this question and have yet to get a response. Just wondered if you are receiving my messages?I want to know where i stand on the following, I sold a health tested pup at 8 weeks old from health tested parents and it saddens me to find out that the pup at 4 and a half months old has had to be put to sleep with a congenital liver shunt, the new owners sent me an email saying how happy they were with the pup but never mentioned that they were having issues with Diorea etc and were seeing the vet for this. at the time of sale we give the new owners 4 weeks free insurance and usually recommend they continue with their policy but they did not continue with this company and switched insurers and the new insurers have refused to cover the vets fees or the cost of the puppy as its been put to sleep, I have spoken with pet plan and they have assured me that the costs would have been covered under one of their policy's the people are now asking for their money back.. As a goodwill gesture I have offered them another puppy but they have already booked one from another breeder, so have refused my offer, They did agree too & signed a puppy sales contract that I have a copy of, I attached a copy of one of these for you look over and especially section 2.
I look forward to your response and any help on this matter
Kind Regards
Maria Chalk
Expert:  Jo C. replied 6 months ago.

Yes, I've read the facts.

What is your question about this?

Customer: replied 6 months ago.
Hi I am asking if they are entitled to a refund or not due to the contract they have signed? as they are asking for a full refund of the purchase price for the puppy?
They are saying they have consumer rights and have 6 months that the goods (puppy) is not faulty? but as far as I am aware dogs are covered under the sale of goods act as any other product and this gives 28 days guarantee, if there can be any such thing with a living creature,
thanks
Expert:  Jo C. replied 6 months ago.

Dogs are covered by the Consumer Rights Act if you are a commercial breeder.

That would give them a right to reject for 28 days save for limited exceptions.

That does not mean they do not have a right to recover beyond that though.

To be wholly honest, I am sorry but if this puppy were so ill that he had to be put to sleep when only eight weeks only then not only is a full refund due but also the sum of the vets bills and other costs could be claimable. That is just plainly a case of poor breeding. It would be different if, for instance, this puppy were run over by a car of course. That isn't what happened.

I would settle. They will win at court.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
The Puppy was put to sleep at nearly 5 months old not 8 weeks and the Liver shunt is caused by an arterie that didn't close just before it was born so the blood bypasses the liver once it stops relying on its mother, I had never even heard of this condition prior to this case. and even my vet says they are extremely rare.
My pups are sold with vet health checks etc and no signs of illness were visible before the puppy left my care, its just a very unfortunate occurrence, hence why I offered them another puppy as a goodwill gesture.
Are your thought still the same?
Regards
Expert:  Jo C. replied 6 months ago.

Well, either way, it is just not likely to comply. Five months is so young that it is just not likely to be accepted that this puppy was fit for purpose.

Courts do generally accept that livestock are different to inanimate objects but one would still expect a longer lifespan than five months I'm afraid.

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