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moonbeams
Dogsey Junior
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03-10-2007, 06:52 PM

as a breeder how do you deal with puppies with defects

Hypothetical question.

If you had a litter of puppies and sold them all to new homes and later on it is discovered that some of them have inherited genetic defects and the owner/s contact/s you regarding this..

You have made it clear you would take the puppy/s back, but the owners of the puppy have now become very attatched to it, and it may not be in the puppies best interests to be returned considering it's settled and perhaps having treatment/operation/s to correct the problem/s.

The owner isn't happy with the situation, and doesn't wish to give up the dog.

How would you, as an ethical breeder handle this situation?
Nursey
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03-10-2007, 08:31 PM
Assuming the breeder had done all the neccessary health tests on the parents prior to breeding the litter, I think that there is nothing more they can do other than offer to have the puppy back and refund the purchase price.

If you are suggesting that the breeder should pay for any of the veterinary treatment and allow the new owner to keep the puppy, then I don't agree.

Sometimes puppies with defects are born despite a breeders best efforts to avoid that happening. That is why it's advisable to do all the screening tests. It's your best effort, and you can do no more, and you cannot be blamed for nature taking a hand in the outcome.

Now if there were no health tests done the breeder is to blame, morally, but offering to take back the puppy for a full refund is still the best that anyone can expect in my opinion.

Dawn R.
IsoChick
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03-10-2007, 09:18 PM
Um, I'm not a breeder and have no desire to be, but my thoughts are....

If the ethical breeder has done all the relevant tests and screenings; and both parents are clear and healthy, fair enough.

Sometimes these things happen - often a Boxer can have a heart murmur even when the parents are clear.

I think in the above case that the owner has to shoulder some responsibility for the costs etc. The breeder has sold the puppy in good faith after doing the relevant tests. if they have offered a full refund and the pups owners say no, then the onus is on the pup's owners to treat their dog themselves.

If your dog broke it's leg, you wouldn't go back to the breeder for a refund or costs (I know that's a crude example)

I think a very generous breeder may offer money towards costs if they think it appropriate; if a refund and return of the pup isn't appropriate.

Am not sure what the case would be if the breeder hadn't screened and tested for known illnesses or conditions though
moonbeams
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03-10-2007, 09:21 PM
Lets add another bit of hypothetical to this question.

The breeder hasn't had the tests done on the parents, or refuses to submit the test results to the owner/s of the pup or puppies.

The owner/s of the pup/puppies feels that if the dog was returned it would be PTS.

And lets say, just to make things more complicated, the breeder refuses to acknowledge the dog/s have any hereditary defects in their own dogs that were passed on.
Nursey
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03-10-2007, 09:31 PM
OK, then the puppy buyer has to learn a very hard lesson and accept that the breeder they have chosen is unethical, and then they must get on with the job of caring for a sick puppy.

Hopefully the next puppy they buy will be better researched. If a dog is an important addition to a family, then it's worth finding out as much about the chosen breed and the chosen breeder, as humanly possible. Almost all breeds have some health issues and a puppy buyer must make it their business to find out all about these things before they part with their money.

Dawn R.
IsoChick
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04-10-2007, 08:47 AM
OK, then the puppy buyer has to learn a very hard lesson and accept that the breeder they have chosen is unethical, and then they must get on with the job of caring for a sick puppy.

Hopefully the next puppy they buy will be better researched. If a dog is an important addition to a family, then it's worth finding out as much about the chosen breed and the chosen breeder, as humanly possible. Almost all breeds have some health issues and a puppy buyer must make it their business to find out all about these things before they part with their money.

Dawn R.
Agree with this, it is a case of buyer beware, I'm afraid. If the buyer hasn't researched the breed, or found a breeder who will uphold the breed standards and general health standards, then unfortunately, that's a lesson learned.
spettadog
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04-10-2007, 11:09 AM
Hi there

This is the legal position.

Under the Sale of Goods Act 1979 (as amended) you have a right to expect that what you purchase is of sound quality and fit for purpose.

Now if your puppy needs to have operations to make it healthy then you are entitled to claim for the cost of the operations from the Breeder. You do not have to give the puppy back. If the operations cure the problem then the puppy is then fit for purpose.

If the puppy dies then the breeder has to refund you the cost of the puppy and the cost of all veterinary care.

Additionally, if the breeder is a KC accredited breeder then they must carry out all the test recommended for the breed. Failure to do this can have them removed from the AB scheme. You can also report them to the Breed Club and have them removed from their membership. This will ony be done if the breeder is consistently breaching code of ethics.

At the end of the day breeders have just as much responsibiity for producing healthy animals as a car manufacturer has of producing roadworthy cars. I accept that sometimes these things do happen and if the breeder has taken all the steps required to ensure their stock is healthy then it is just one of these things as you are deaing with live animals. If however they havent taken all steps then you are entitled to compensation.

That is the law. Checking with trading standards and a solicitor.

Breeding dogs is not for the faint-hearted in my view. You have to accept the good with the bad ie you get the money for the puppies but you have to be there to sort things out when things go wrong.

Any good breeder will ensure that all steps are taken to make sure the puppies they breed are healthy. I wouldnt hesitate in taking somebody to court if they havent done this as they dont have a leg to stand on.

Hope this helps
Spettadog
moonbeams
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04-10-2007, 03:01 PM
yowch! breeding is definately not for the fainthearted! Thanks for all your feedback and sating my curiosity.

I wasn't certain if live animals came under the sale of goods act or not, so interesting to find out they do. I had assumed caveat emptor to be the final word on this subject.

Also interesting to note the different takes on how people think what is or isn't ethical breeding. And of course what course of action breeders might take if faced with a situation like the one I just mentioned.

Its good to know Breeders have more responsibility than most dog owners really know. And the law gives the owners rights too.

No matter how much research is done, how much care people take in choosing a dog or puppy, no matter how many questions are asked or answered, or how much homework you do, there comes a point where you have to take a step of faith and hope you've made the right choice.
It is comforting to know that there is some law on the buyer's end to protect them.
spettadog
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04-10-2007, 04:47 PM
Hi Again

Yes, there are laws there to protect people but you would be shocked to discover the number of people that dont know that - and the number of breeders that dont know that either!

Like anything however, if all the health tests have been done and your puppy develops a condition that was tested for, then I personally wouldnt think it would be fair to expect a breeder to pay for any veterinary treatment. I would see that as "one of those things" and pay myself.

My own contracts with breeders state that I must keep my dogs insured at all times. This is quite clever because if anything were to happen and I didnt have the dog insured, I am effectively breaking the contract and they wouldnt have to pay a penny. I also see it as a sign of a good breeder and one who wants to make sure that the puppy has the best care.

KC registered dogs also come with 6 weeks free insurance so the first six weeks should be "expense free".

Bear in mind though that you can only claim for liquidate damages. You cannot claim for the cost of the puppy and liquidate damages. If you want to keep the puppy then you can only claim for treatment, even although you have paid a pricely sum for the puppy.

If I were a breeder (which Im not!!!) I would make sure I did everything possible to ensure that puppies were healthy ie all health checks etc., When the puppies went to their new homes I would make sure they have 6 weeks free insurance and I would get my puppy owners to sign a contract to say the puppies will be insured. Id also make sure the pedigrees were endorsed so that any progeny coud not be KC registered.

This is all you can do really to protect the interests of your puppies and yourself.

I hope this helps.

Spettadog
elmac13
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05-10-2007, 03:46 PM
What should the ethical breeder do if the owner informs them that both the puppy's testicles have not dropped after 6 months? ie he only has one.This would preclude the dog ever being a stud dog because you wouldn't want to pass that on and severely limit his chances of being a show dog.
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