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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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I have bought a puppy from a licensed breeder,which has a

Resolved Question:

I have bought a puppy from a licensed breeder,which has a defective gene, which is an undue ended testicle which means we cannot breed or use him on shows.
He cost £1100 and I have tried countless times to contact breeder by phone,text,and email,but the breeder won't answer.
The puppy in question is now nine months old and needs a costly operation to remove I descended testicle.
I want my money back,do I have any rights.
I don't know what to do next.
Thankyou for your time,kind regards, ***** *****
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

Are you prepared to risk having to give him back?

Customer: replied 11 months ago.
I am
Expert:  Jo C. replied 11 months ago.

Was he sold as a stud dog?

Or just a family pet?

Customer: replied 11 months ago.
The breeder said he'll be brilliant in shows,and we told breeder we would use him as a stud dog as well.
Customer: replied 11 months ago.
a pet,show dog and stud dog!
Expert:  Jo C. replied 11 months ago.

You could try to argue that this was a misrepresentation.

A misrepresentation can be innocent but it isn't usually absolute. The reality is that at the time of sale it is not likely that this fault would have developed which does not really get over the hurdle of misrepresentation.

Failing that you could drop down on the law of contract and demand that this is not a dog 'fit for purpose'.

Expert:  Jo C. replied 11 months ago.

The consumer rights act wasn't really written for livestock.

However, livestock is property and subject to it.

It is obviously harder to say what is a fault though as no pedigree dog is perfect.

Expert:  Jo C. replied 11 months ago.

The usual argument from breeders is that they weren't expecting people to want to breed or show but were selling a family pet.

if they were told that your purpose was to show him then that would be removed from them.

Then it would depend on whether the fault had developed at the time of sale or that there was a propensity.

I think, overall, a very substantial vet issue in a very young dog would probably get over the hurdle.

Generally speaking though courts are more sympathetic to people who have bought family pets than others. That said, they don't much like breeders either given the overpopulation in the UK of companion animals and the misery to dogs it causes so I suspect the two cancel each other out.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
Do you have any advice on what to do next?
Expert:  Jo C. replied 11 months ago.

Do you have their address? Don't give it to me but do you have it?

Customer: replied 11 months ago.
I do have it.
Expert:  Jo C. replied 11 months ago.

You should really start with a letter before action warning them that you will issue.

The problem with this may be the future of the dog. They are unlikely to want him back.

Customer: replied 11 months ago.
I'll keep the dog,I just wanted the breeders to answer my calls to recognise that there is a defective gene that will be passed on to other puppy's, and to acknowledge customers, especially involving animals,and to get some kind of reimbursement, but if that's not possible, I will continue to care for him, just wish the breeder would have concern for her dogs.
many thanks for your help and advice Jo.
Expert:  Jo C. replied 11 months ago.

No problem.

All the best.

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