[CaSpooFan]

Hello Poodle Forum,

Please reserve any comments on my breeder selection for offline, I obviously know I made a mistake in my selection at this point.

I found a puppy from a breeder that I fell in love with, and by examination of her placed puppies on social media and after conversing with her in depth decided to move forward with getting the puppy.

I'll save you the gory details, myriad of excuses and sob stories and general unpleasantness of the ongoing conversation. We agreed she would ship him last Friday, she cancelled on me Thursday. He didn't ship again this Friday, because he was too big for the crate. She was going to ship him again today but was too tired to make it to the airport. Supposedly she's shipping him tomorrow but at this point given the trend I have zero confidence she'll actually send him.

We have a signed contract. I have asked her for a refund if she doesn't ship him to me by tomorrow, she's telling me no refunds per the contract. I could go get him but at this point I no longer want to do business with this person

Do I have any recourse here?

Thanks in advance.

 

[Raindrops]

I'm sorry. This sounds terrible! What exactly does the contract say? If you give the name of the breeder it could help other people to know not to do business with her in the future, but up to you.

 

[CaSpooFan]

I will definitely be giving the name of the breeder once I've resolved this.

The contract isn't clear regarding refunds, I did read it before I signed it.

 

[Raindrops]

I will definitely be giving the name of the breeder once I've resolved this.

The contract isn't clear regarding refunds, I did read it before I signed it.

What about regarding the actual receiving of the puppy?

 

[PeggyTheParti]

If the puppy hasn't been delivered, wouldn't that mean she's broken the contract?

Was there no date indicated on it? Or puppy age in weeks? Or anything that would indicate a clear timeline?

 

[Rose n Poos]

If the breeder is an AKC registered breeder, report this to the AKC. They don't have legal weight in this but they can certainly look into and change the breeders status so far as AKC standing.

Otherwise, the more written documentation such as texts or emails, and of course, the contract, and if you possibly recorded any phone conversations then you have evidence. Since animals are considered property in the eyes of the law, and if you don't receive the animal you purchased, either by misrepresentation or failure to deliver, then, yes, you have legal recourse, likely in small claims court.

There is also the pressure of social media but that requires very careful treading.

 

[Rose n Poos]

This link is to an older article but I think the info contained is still valuable for direction. There are further links in the article worth checking into.

Pet Purchaser Protection/Puppy "Lemon Laws" | Animal Legal & Historical Center

www.animallaw.info

You'll want to check the UCC laws for your state and the breeders state for a start.

 

[CaSpooFan]

Thanks all for the input; this is generally what I'm thinking too.

What about regarding the actual receiving of the puppy?

There's no timeline stipulated.

 

[Rose n Poos]

Even without a specified delivery time, I would expect the law to consider an expectation of the contract to be fulfilled within a timely manner. Not having a specified ship date in the contract surely wouldn't mean that the breeder can wait however long they choose, even waiting til the puppy is grown, lived a full life not in your hands, and then shipped years after the breeder received the purchase price from you.

Is it possible to post a copy of the contract with identifying info hidden, or copy and paste the text without the identifying info? Seeing the actual wording might spark some other ideas.

 

[Carolinek]

Sounds like a lot of smoke and mirrors on the breeder’s part, and I wonder what she is covering up.

If you paid by PayPal, you could request a refund through them. Other than that, I’m not sure of recourse.

I hope all of this works out in the end and you receive the puppy soon. Please let us know.

 

[CaSpooFan]

Hi Guys! Good news, I got my puppy on Tuesday night and it has been a whirlwind, now I'm getting up to speed on all things poodle puppy! He is pretty mellow though! Thanks for everyone's input and suggestions!

 

[Skylar]

I’m so glad this had a happy ending. Congratulations on your new puppy.

 

[Rose n Poos]

So happy this worked out! Happy Puppyhood! You'll wonder how you'll get thru it, and then not really so very much later, you'll realize that you all have, and it's the best!

 

[Asta's Mom]

Oh so glad that you got your pup. Enjoy!

 

[Fenris-wolf]

Awesome beans! I'm glad you got your puppy!!

 

[Carolinek]

Very happy for you, send pics!

 

[Vee]

Congratulations! Enjoy your puppy ?
What a shame you had such a stressful start at least it ended well