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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80236
Experience:  Over 5 years in practice
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I purchased my pupoy at 8wks old, he will be 15wks on 4th

Customer Question

I purchased my pupoy at 8wks old, he will be 15wks on 4th June. I took him for his 3bed vac at my local vets, they identified an umbilical hernia which will require surrgery
JA: Where are you? It matters because laws vary by location.
Customer: Apologies, my message sent prior to completion. I'm in the UK. In addition to the hernia the vet mentioned his some shaped head and possibility of hydrocephalus. There had been no signs of this throughout he development, after 2wks he started to become what I thought was picky with his meals. I continued to liaise with the breeder for advice. Sadly 12 days ago he had seizure activity and was extremely poorly. The vets thought initially a congenital liver shunt and proceeded to treat accordingly undertaking ultrasound, enema, bloods etc commenced lactulose and antibiotics and a heart and kidney food. He did start to pick up and started putting weight on. Liver Shunt was ruled out flowing a balland we discussed seeing a neurologist m, as he had started to pick up I decided to delay that option. Following another check the lactulose was stopped and more antibiotics prescribed.
JA: What steps have you taken so far?
Customer: Again message sent prior to completion.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Sadly he had 3 more seizures, therefore commenced an anti convulsion. He has vastly improved, the rest of the blood results have come back, no identified concerns therefore the vet is swaying to a neurological ie congenital hydrocephalus. Due to see the vet on 9th June. The breeder appears to have taken a back seat.
Submitted: 15 days ago.
Category: Law
Expert:  Jo C. replied 15 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 15 days ago.
All blood results are now back, with no identified concerns, therefore the vet is swaying towards neurological starting with an MRI, unfortunately he is not covered by the insurance as his initial 4wk insurance was due to expire, I commenced another pet insurance, however did not know about a 14 day waiting period, the initially seizure activity started on day 7.
I believe there is a breeders seller agreement law which says leans towards breeders having responsibility even if they did not know at the given time of a congenital condition
owing to the slow build up of fluid in the brain. I would like to know more information in relation to the law please
Many thanks
Expert:  Jo C. replied 15 days ago.

Is this a commercial seller?

Expert:  Jo C. replied 9 days ago.

Thanks for the information

If this is a commercial seller then you would have the protection under the Consumer Rights Act.

That will require that anything sold is fit for purpose.  That doesn't mean perfect but it does mean reasonably good bearing in mind the price paid, the age and condition.  If this is a puppy/kitten then it cannot be perfect but it should not have major health issues.

The seller should be liable for a refund.

However, if he refuses then he refuses.  He cannot be compelled.  All you can do is warn him and if he does not pay sue him.

You can issue here

You should win.

Hope this helps.  Please let me know if you need more information.

Can I clarify anything for you?

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.