Puppy Laws

[Labraddiddleydoo]

I have been passionate about Labradors since I was a child some sixty years ago now and I was raised by parents who bred and showed Labs.

My love for them has never ended, but I am wondering how many people have run into a situation I am about to describe. I still breed an occassional litter and and am totally dedicated to hygiene in cleaning the whelping area with antiseptic checking the puppies with my vet during and after whelping and a final health check at six weeks of age when they receive their c4 injection. The puppies leave me at and healthy fully wormed at eight weeks of age and I am very proud of the quality of puppy I produce, I am not in it for money as I think everybody who knows how much is involved in raising puppies realises the time factor alone makes it unprofitable. My situation began 3 weeks ago when I delivered a male puppy up to his new owner, there were eight puppies in the liter and all of the other families are very happy with their new child.

I always tell people not to mix their puppy with other animals until after the 2nd immunisation and to be careful around larger dogs in case of attacks. The day that this gentleman gets his puppy he posts on a social meedia site meet the newest addition to our zoo and has the puppy on a lounge with one other dog and 2 cats forward three weeks and I get a phone call this puppy has been sick since the day we got him from you we want our money back, he is filled will parasites losing weight and very ill, I ask him who is vet is as he demands to bring the puppy back , I put him off whilst I check, vet tests show no parasites and vet is very helpful ,  I phone the geentleman back and say that I will take the puppy back annd refund him, he is happy 4 minutes later I get a text saying that he will not give puppy back but wants full refund plus vet expenses and any ongoing vet costs plus payment for the time his wife has spent with the puppy looking after it or he will commence actions against me in something called qcat I presume small courts claim in qld the gentleman seems to know a lot about the legal system even though only in Australia for 3 years. I am currently suffering a personal bereavement and really do not need this stress, he claims I did not give him the immunisation certificate or microchip form even though my son was a witness to this. He paid cash and I was mailing him out a receipt as he wanted to claim gst on the puppy as a guard dog.....I have the receipt in an envelope unposted at this stage due to his actions. He has also rung my vet and threatened him with legal action , my vet has since tried to call his vet but they will not return his calls which has made him very suspicious that something is going very wrong. I know this is a different world to that which I grew up in and greed for money seems to have replaced God in some people hearts .

I know the chap is acting like a looney but has anybody got any advice that may help please.

Edited February 27, 2018 by Labraddiddleydoo

[RuralPug]

Don't panic. You have done nothing wrong - in fact you have offered to take the puppy back and refund the purchase price (as I would also have done to assure the puppy gets a better home than with this fraud) no one can expect you to do more than that.

You will win if this man tries to take you to QCAT. He only changed his tune when you offered him a refund, that shows that he thinks that you are a soft touch. Don't be concerned, you have spoken to his vet and there is no record of parasites plus the fact that the pup was in his care for three weeks already before he started claiming illness and making demands also goes against him.

Tell him that you are quite prepared to meet him at QCAT if he persists in his demands. Offer once more to refund the purchase price on return of the puppy and tell him that is your last offer.


 

[Roova]

I'm sure you're doing this anyway but make sure you document everything which has happened. It will be much easier to refer back to dates, times and conversations. 

 

Ifyou haven't already done so it might be worth having some type of contract for future new puppy owners to sign or before taking on a puppy. It probably needs to outline your advice, basic health care and what happens in the event of someone wanting to give a puppy back.  Ie if a full refund is required, the puppy needs to be returned. 

 

From what I understand it's much like taking a product back to a shop.  You don't get to keep the product and get your money back. Good luck!

Edited February 27, 2018 by Roova

[mackiemad]

Essentially a puppy is property in law.  I don't believe you have to give a refund without having the item returned. You've offered a refund and return and he has said no. Make sure everything is in writing regarding offering a refund and return - you can either let him keep the pup and ignore him at this stage or engage a solicitor who understands consumer law.

 

Well that's what I'd do anyway - I'd engage a solicitor immediately and do whatever I could to get the puppy back for a refund cos he's clearly mad as a hatter.

[_PL_]

Consumer Law here in NSW (google your state) means you offer a refund or replacement. That's all.  He doesn't get 'repair costs'  meaning dogs are the same as if he bought any other property from you.

He can threaten small claims court but don't be bullied. I'd also try to make sure your communications aren't always verbal. Either email, sms or voicemail as he may cross over from demanding to harassing and it's good to have proof if you need it. Keep records of your phone conversations.

Your chances of getting the puppy back by legal means are virtually nil so the best you can hope for is that he accepts the refund and returns the pup.

 

Quote

 

You are entitled to ask the trader for a refund if the item you bought is:

• not of acceptable quality
• does not match the description
• does not match the sample or demonstration model shown to you.

 

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[Dogsfevr]

Lesson learned though ,receipts are given there and then ,both parties sign a puppy contract outlining what info has been given ie vacc card ,microchip paperwork ,puppy feeding chart ,health records of parents etc etc This outlines your refund policy etc etc .Many find the 6 weeks pet insurance great for this scenario .

 

Yep nothing is verbal ,keep copies of all and ask vet for a written report .

 

Personally him having other pets means nothing ,very few peop,e just own one animal so I don’t see that as an issue .