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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 30007
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I wonder if you can help me in a situation involving a puppy

Customer Question

Good evening.
JA: Hi. How can I help?
Customer: I wonder if you can help me in a situation involving a puppy i bred this year. I bred a pup, who was sold to a couple . I mentioned that the dogs eyes were smaller , although he was perfecr in every other way. I asked them if they still wanted him and they confirmed. They took the pup to the vet and it was confirmed that the pup did have one smaller eye and it was suggested that a specialist would have a look at im, i offered to take the pup back and i would get the orthomologist to look at it, but they declined and used one near them. I paid £325 for the consultation. and £50 referral fee. On the evidence that the pup may have been blind, i asked for the pup to be returned and full amount refunded, this was declined. I gave him £750 as a good will gesture and asked that he be returned, but the answer weas no. I had a couier arranged to pick up but they declined again. I spoke to a solicitor about this under the Consumer act and gave him 3 options. A) Replacement with Identical Product
B) Partial Refund and keep purchase but forgo any future legal rights
C) Full refund on Return of purchase to the seller
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have sent this to him, but now he has come back saying we lied and our records from the vet are false. We have supported this gent theough everything and now he is wanting to sue.
JA: OK. I'm sending you to a secure page to join JustAnswer. While you're filling out that form, I'll tell the Expert about your situation and then connect you two.
Submitted: 11 days ago.
Category: Law
Expert:  Joshua replied 11 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

  1. May I confirm if you breed dogs as a business or if this was a one off litter that you decided to sell please?
  2. If you breed three or more letters per year, can you confirm that you have applied for a breeding licence?
  3. you kindly outlined the steps you have taken in relation to the above and provided a very succinct narrative. What the narrative lacks is any context as regards ***** ***** made the various offers you refer to. I assume this was in relation to various contacts from the buyer. To save you too much additional time, would it be possible if I were to ask you to copy and paste your above narrative but filling in the "blanks" so to speak to explain briefly why you made the various offers you did. i.e. what the buyer asked of you on each occasion?
  4. you say you sent a goodwill gesture of £750. Was this banked? Did you mention that it was is full and final settlement or words to this effect?
Customer: replied 11 days ago.
I have bred one litter this year and two last year. I only breed when I want a dig to show. Licensing laws in Scotland différ
Expert:  Joshua replied 11 days ago.

thank you. Are you also able to kindly assist me with my enquiries numbered three and four? I appreciate you may be working on 3 in particular still.

Customer: replied 11 days ago.
The reason I paid for vet fees, was to make sure what's the pups problem and if there was anything else I can do. Vets said nothing g was neccessary
Customer: replied 11 days ago.
I sent him that it was a goocwill amount , half the price he paid
Customer: replied 11 days ago.
When I sent £750 . I did say he would get full refund on return of pup. He refused. He is wanting full refund and pup
Customer: replied 11 days ago.
I paid ,£750 ,,via bank transfer £325.38 to the vet and ,,,£50 ,,,,to the owner by bank trsnsfer
Expert:  Joshua replied 11 days ago.

thank you. Unless the buyer can demonstrate that he has incurred costs as a consequence of having the dog and incurred as costs before you offer to take back the puppy for full refund and from what you say, I cannot see that he would be able to show this, then his position appears to lacking in merit. whilst it would be lovely to be able to buy things and then demand a full refund for them but still keep them, that is contrary to every tenet of how contract law works for the obvious reason that the economy would simply fall flat on its face if this were possible.

Based on what you say, it seems to me you have gone above and beyond what you need to offer and it may be that the customer is now simply seeing how much advantage he can take. The legal position is very simple - if he wants a refund he will have to return the puppy and there is no obligation upon you to pay more than he paid to you other than vet fees but only then if they can be shown to have been necessary due to something being wrong with the puppy. There is no obligation on you to make a gesture of goodwill on top. But as he wants to keep the puppy, he will not be entitled to any further monies from you.

It may be sensible on your part to consider time limiting the offer of taking back the puppy so that is not left open ended, and advise that unless he proposes to take up your offer, you consider the matter at an end and will not entertain any further correspondence or communications with him and that any legal proceedings will be fully defended.

Expert:  Joshua replied 11 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Customer: replied 11 days ago.
Thank you
Expert:  Joshua replied 11 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.