1. Daphnia - Live Aquarium Foods

    Grow your baby fish like a PRO
    Live Daphnia are great live feed for your Fish or Shrimp Fry. Order online to start a never-ending supply of Live Daphnia! [ Click to order ]
    Dismiss Notice
  2. Microworms - Live Aquarium Foods

    Grow your baby fish like a PRO
    Microworms are a great live feed for your Fish or Shrimp Fry, easy to culture and considerably improve your fry mortality rate. Start your never-ending supply of Microworms today! [ Click to order ]
  3. Australian Blackworms - Live Fish Food

    Grow your baby fish like a PRO
    Live Australian Blackworms, Live Vinegar Eels. Visit us now to order online. Express Delivery. [ Click to order ]
    Dismiss Notice

New puppy is sick--need advice

Discussion in 'Dogs - all breeds / types' started by CeCe, Feb 18, 2006.

  1. CeCe

    CeCe New Member

    My husband and I just purchased our first family dog from a supposedly reputable breeder this past Saturday. This dog is our children's first pet (aside from fish) and we were very thoughtful about bringing a dog into our home.

    By Tuesday night we knew the puppy was sick. On Wednesday morning, our vet diagnosed parvo and began agressive treatment. Today the vet told us the dog also had round and hook worms, and coccidia.

    Even after a few days, this dog has become a part of our family. We are choosing to have the vet treat it and hoping for the best, but will be out $2000-3000 whether or not the dog survives. The worst part is that the vet tells us that Parvo is now in our yard--it lives in the soil--and we cannot bring another puppy into our home.

    Please advise us: the breeder, who is the editor of a magazine and a prominent member of this breeding community, is not returning our emails. We cannot get ahold of him via phone. What should we expect him to do in this situation--what would be reasonable? We do not want to return the dog to him for a refund, we want this dog to be a member of our family.
     
  2. hermann muenster

    hermann muenster New Member

    What breed of dog did you get? How old is the pup?
    Didn't the breeder do at least two wormings?
    Coccidia? Did you go pick up the puppy at their home? It must have been filthy.

    I am not at all surprised that you aren't getting your e-mails returned. How about phone calls?
    It's rotten but some breeders play the wait and see game.

    This site is loaded with parvo clean-up tips and ways to prevent reinfection. Read up on worms too - those can stay in your yard for a long time and reinfect your pup. And you will have to take precautions with you children to prevent them from getting worms too.
    Good luck -
    Please keep everyone posted.
     
  3. CeCe

    CeCe New Member

    The puppy is a beagle breeded by someone who is very active in the sport beagling community. We chose this breeder because of his standing in the beagling community, because he is the editor of a sport beagling magazine and his Web sites were highly informative and spoke of good breeding practices. We thought we had done our research and chosen a reputable breeder. We are inexperienced dog owners, and now know where we made mistakes. The puppy was suposedly vaccinated and dewormed on a standard schedule, but he did not supply us with a vet record, only a hand-written record. He said he does his own vacinations. He did not show us where the puppies were living, but rather brought the puppies to us in the living room of his home.

    Our vet thinks we should take legal action and get him out of the puppy business. Removing emotions from this, I would like advice from experienced dog owners on recourse. What should we expect from this breeder? We are treating the dog and hoping for the best, which will result in large vet bills. Is it reasonable to expect the breeder to pay these bills? Should we take action to let others know not to buy from this person?

    I will look for information on safeguarding our puppy--please keep him in your thoughts and wish for him to come home to us--and our family.

    Thank you for your help.
     
  4. charmedagain

    charmedagain New Member

    Hi i am so sorry to hear about you little guy.

    The breeder should have had the litter fully vet checked before they were rehomed. He should also provide vet records to state this.
    Most breeders do vaccinate themselves but i personally prefer the vet doing it as then it is done correctly.
    I worm my own dogs and i keep a record of each date time and the amount given...

    They should have also been wormed and most breeders have the first vaccination or even the whole set depending on what age they let the pup go to there new homes.

    Chances are the whole litter will be affected with these problems and stress of changing homes and faces can cause the symptoms to show quicker.

    The breeder is in the wrong and should be answering your emails, calls.
    If it was me i would have taken the pup back or atleast paid for the treatment but that is just me.

    All my pups go with a full clean bill of health from the vet, Up todate on there shots and wormers.
    6 weeks insurance and i always say if for any reason something should happen i would take full responsability.

    If you can not get hold of this breeder at all i would seek legal advice and see what can be done.
    He is not behaving in a reputable manner at all.
    A true reputable breeder will take you to the litter not bring them out to you.
    Yes one of my girls was very protective of her litter so we put her in another room with a gate on so she could still see what was going on and that no1 was hurting her babies, That way the new owners goto see mum dad and there litter...

    I personally would take action as it does sound like he only lets people hear and believe what he wants them too.

    Let us know how the little one gets on,

    Mike
     
  5. hermann muenster

    hermann muenster New Member

    Sometimes things like this happen. Some of these medical problems - especially the coccidia could have been avoided by keeping clean kennels. Most puppies , as I am sure you know are born with worms. Worming is a pretty simple treatment. Parvo is a problem - read some of the threads - lots of tears and expense.

    As far as recourse? I have never heard of anyone having success with that one. The breeder will probably return you money if you return the pup - he will then probably dispose of the pup. Not a pleasant solution.
    Sometimes the breeder will reimburse you for a portion of the med bills - remember the key word here is "portion". Not a great solution either.

    Ususally once the pup is in your home and heart - the breeder is out of the picture. I have seen breeders claim 2 yr guaranteed health of a puppy - these are supposed to be very reputable breeders too!- So the pup developes dysplasia at 6 months - the breeder wants the pup back to return you money -- and the pup you have grown to love? They will usually put the little one to sleep.

    As far as a hand written vaccination chart - most breeders do their own vaccinating and worming. This is not unusual.

    Did you take the pup to the vet the day or day after you brought him home? A good vet will ask for a stool sample do a physical.

    Beagles are a very hearty breed - I haven't heard about too many cases of parvo with those little guys. Although I don't own a beagle - I know people that are.

    By the way, if your children are young - make sure they keep their hands washed - they can get worms from the puppy.
    Good luck.
     
  6. doglover1234

    doglover1234 New Member

    Did you have a contract with the breeder. Most reputable breeders will have a puppy contract that covers things like this. Such as a health guarantee, which usually is binded by you taking the dog for a check with your vet within 48 hrs. or so.

    That said it doesnt have to mean you have no choices. You could take the breeder to civil claims court and try and re coup some of that money.

    I may have missed this, how old was the puppy when you got him from the breeder ?

    Also possibly you could speak with your animal control to see if a welfare check can be done at this residence and check the living conditions of the animals there. I dont know how possible this is.

    All that aside I am very sorry your family is going through this. Animals are a great part of life and we grow so attached to them very quickly so I know what you are going through and wish you the best of luck and hope that puppies recovers and will continue to be a part of your family.
     
  7. honeybears

    honeybears New Member

    I agree if he was such a reputable breeder you should have a contract. But then Herman is right if things show up later, its usually give the puppy back. This happened to my brother with his golden that developed big stomach problems at 6 months. There was no way he was going to give the puppy back, and then what is the breeder going to do with it? As for legal recourse, I would pursue it. Try small claims court, here you can do up to $5000 and its a fairly simple process. Good luck on your pup and so sorry to hear about parvo.
     
  8. CeCe

    CeCe New Member

    Our puppy died last night

    Our puppy died last night. My six-year-old named him George Washington because they were discussing President's Day at school and George was our children's first dog.

    Our puppy was 16 weeks old and exhibited no signs of illness when we purchased him from a breeder who is a member of the United Kennel Club and National Kennel Club, editor of a popular beagling magazine, and well known in the sport beagling community. We received a full shot and worming record when we purchased the dog, and a 48 hour health guarantee. We purchased the dog on a Saturday afternoon, and had him at the vet for a check Monday morning. The puppy began exhibiting signs of Parvo Tuesday night.

    There were 10 other puppies for sale when we purchased George. According the the breeders web site, all have been sold expect one.

    The breeded is not responding to our attempts to reach him via phone, fax or email. Due to his lack of response, we will be taking him to small claims court to recoup our vet costs and fees we paid him for George.
     
  9. charmedagain

    charmedagain New Member

    I am so sorry for your loss :cry: :cry: :cry:
    I was hoping all would turn out well.
    our thoughts are with you and your family, PLease let us know how you get on with the claim, I know this won't help but i really hope he gets what he deserves.

    Mike
     
  10. hermann muenster

    hermann muenster New Member

    I am sorry for your loss too. It is unfortunate that your first puppy experience was so difficult and painful. This sometimes can happen - but it is not typical.
    Grieve for your pup and your family. Follow through with the proper recourse with the breeder. Write letters to the organizations the breeder is affiliated with and let them know what happened. By the way, I suspect that the other puppies may have become ill and the breeder may have disposed of them. I doubt that he sold that many pups in a couple of days. What do you think?

    Clean up and take a break from the ordeal you have been through and then ----- begin looking for a new pup again!!!

    I personally stay away from any organizations other than the American Kennel Club (AKC). I also like to find a breeder as close to my home as possible. I don't like "mail order" puppies.

    Here's another tip -- I like breeders that just have a couple of breeding dogs. Enough to give them experience - but not too many to make the become a "puppy farm". I also have had excellent luck with two dogs that were born and lived in a house that had children. The kids provided a lot of human attention and play. And finally, I appreciate the work that the shelters provide for animals -- but I hear too many horror stories of puppies that have come from a shelter and have developed parvo. Parvo isn't much of a problem with older dogs but your family would probably want a puppy - so consider sticking with a breeder.

    Again, I am sorry for your loss Please keep posting with updates.
     
  11. Mary_NH

    Mary_NH New Member

    does your state require rabies vaccinations?
    I'd find out what the laws are regarding that which you could find out through the state's vet (do a search and you'll find them).
    A for instance - in NH ALL puppies/kittens are required by law to have a rabies vaccine prior to being rehomed, sold, given away. Of course people tend to not do this but it is required.
    If this breeder did not give you a rabies tag, along with a rabies certificate he can't prove 100% that he did give the rabies vaccine and that alone would put him in violation of any state law.
    Then many states also require a health certificate to be issued when a new pet goes home...the health certificate HAS to be done by a vet and has a number of days it is valid.
    I have to get one for my fosters that go home.
    Find out if CA requires a health certificate from a vet. If you didn't get one another violation for him.
    Get him shut down....I think of those poor puppies he hasn't sold and then think of the people he's going to sell puppies to only to have them fall in love and the pup get sick and die - like you've just gone through. It's heartbreaking
     
  12. Mary_NH

    Mary_NH New Member

    found this....looks to me like he's in violation of a lot of stuff
    HEALTH AND SAFETY CODE
    SECTION 122125-122220





    122125. (a) This article shall be known and may be cited as the
    Lockyer-Polanco-Farr Pet Protection Act.
    (b) Every pet dealer of dogs and cats shall conform to the
    provisions of this article. As used in this article, " pet dealer"
    means a person engaging in the business of selling dogs or cats, or
    both, at retail, and by virtue of the sales of dogs and cats is
    required to possess a permit pursuant to Section 6066 of the Revenue
    and Taxation Code. For purposes of this article, the separate sales
    of dogs or cats from a single litter shall constitute only one sale
    under Section 6019 of the Revenue and Taxation Code. This definition
    does not apply to breeders of dogs regulated pursuant to Article 1
    (commencing with Section 122045) nor to any person, firm,
    partnership, corporation, or other association, that breeds or rears
    dogs on the premises of the person, firm, partnership, corporation,
    or other association, that has sold, transferred, or given away fewer
    than 50 dogs in the preceding year.
    (c) For purposes of this article, "purchaser" means a person who
    purchases a dog or cat from a pet dealer without the intent to resell
    the animal.
    (d) This article shall not apply to publicly operated pounds and
    humane societies.


    122130. Every pet dealer receiving dogs or cats from a common
    carrier shall transport, or have transported, dogs and cats from the
    carrier's premises within four hours after receipt of telephone
    notification by the carrier of the completion of shipment and arrival
    of the animal at the carrier's point of destination.



    122135. All dogs or cats received by a retail dealer shall, prior
    to being placed with other dogs or cats, be examined for sickness.
    Any dog or cat found to be afflicted with a contagious disease shall
    be kept caged separately from healthy animals.



    122137. (a) (1) It is the intent of the Legislature and the purpose
    of this section to inform consumers who purchase dogs and cats from
    retail pet dealers about the benefits of spaying and neutering and
    the importance of establishing a relationship with a veterinarian,
    and to facilitate dog licensing by encouraging pet dealers to promote
    licensure compliance.
    (2) The Legislature declares that pet dealers, when feasible,
    should offer incentives to purchasers to encourage the use of spaying
    and neutering services, and that local animal control agencies
    should investigate selling licenses through pet shops, or making
    licensure applications available in pet shops, since these businesses
    already serve a large number of pet owners through the sale of pet
    supplies.
    (b) Every pet dealer shall deliver to the purchaser of each dog or
    cat at the time of sale, written material, in a form determined by
    the pet dealer, containing information on the benefits of spaying and
    neutering. The written material shall include recommendations on
    establishing a relationship with a veterinarian, information on
    early-age spaying and neutering, the health benefits associated with
    spaying and neutering pets, the importance of minimizing the risk of
    homeless or unwanted animals, and the need to comply with applicable
    license laws.
    (c) The delivering of any model materials prepared by the Pet
    Industry Joint Advisory Council, the California Animal Control
    Directors Association, the State Humane Association of California,
    and the California Veterinary Medical Association shall satisfy the
    requirements of subdivision (b).



    122140. Every pet dealer shall deliver to the purchaser of each dog
    and cat at the time of sale a written statement in a standardized
    form prescribed by the Department of Consumer Affairs containing the
    following information:
    (a) For cats:
    (1) The breeder's and broker's name and address, if known, or if
    not known, the source of the cat. If the person from whom the cat
    was obtained is a dealer licensed by the United States Department of
    Agriculture, the person's name, address, and federal dealer
    identification number.
    (2) The date of the cat's birth, unless unknown because of the
    source of the cat and the date the dealer received the cat.
    (3) A record of the immunizations and worming treatments
    administered, if any, to the cat as of the time of sale, including
    the dates of administration and the type of vaccine or worming
    treatment.
    (4) A record of any known disease or sickness that the cat is
    afflicted with at the time of sale. In addition, this information
    shall also be orally disclosed to the purchaser.
    (b) For dogs:
    (1) The breeder's name and address, if known, or if not known, the
    source of the dog. If the person from whom the dog was obtained is
    a dealer licensed by the United States Department of Agriculture, the
    person's name, address, and federal dealer identification number.
    (2) The date of the dog's birth, and the date the dealer received
    the dog. If the dog is not advertised or sold as purebred,
    registered, or registerable, the date of birth may be approximated if
    not known by the seller.
    (3) The breed, sex, color, and identifying marks at the time of
    sale, if any. If the dog is from a United States Department of
    Agriculture licensed source, the individual identifying tag, tattoo,
    or collar number for that animal. If the breed is unknown or mixed,
    the record shall so indicate.
    (4) If the dog is being sold as being capable of registration, the
    names and registration numbers of the sire and dam, and the litter
    number, if known.
    (5) A record of inoculations and worming treatments administered,
    if any, to the dog as of the time of sale, including dates of
    administration and the type of vaccine or worming treatment.
    (6) A record of any veterinarian treatment or medication received
    by the dog while in the possession of the pet dealer and either of
    the following:
    (A) A statement, signed by the pet dealer at the time of sale,
    containing all of the following:
    (i) The dog has no known disease or illness.
    (ii) The dog has no known congenital or hereditary condition that
    adversely affects the health of the dog at the time of the sale or
    that is likely to adversely affect the health of the dog in the
    future.
    (B) A record of any known disease, illness, and any congenital or
    hereditary condition that adversely affects the health of the dog at
    the time of sale, or is likely to adversely affect the health of the
    dog in the future, along with a statement signed by a veterinarian
    licensed in the State of California that authorizes the sale of the
    dog, recommends necessary treatment, if any, and verifies that the
    disease, illness, or condition does not require hospitalization or
    nonelective surgical procedures, nor is it likely to require
    hospitalization or nonelective surgical procedures in the future. A
    veterinarian statement is, not required for intestinal or external
    parasites unless their presence makes the dog clinically ill or is
    likely to make the dog clinically ill. The statement shall be valid
    for seven days following examination of the dog by the veterinarian.

    (c) For the purpose of this article, "nonelective surgical
    procedure" means a surgical procedure that is necessary to preserve
    or restore the health of the dog, to prevent the dog from
    experiencing pain or discomfort, or to correct a condition that would
    interfere with the dog's ability to walk, run, jump, or otherwise
    function in a normal manner.
    (d) For the purposes of this article, "clinically ill" means an
    illness that is apparent to a veterinarian based on observation,
    examination, or testing of the dog, or upon a review of the medical
    records relating to the dog.
    (e) A disclosure made pursuant to subdivision (b) shall be signed
    by both the pet dealer certifying the accuracy of the statement, and
    the purchaser of the dog acknowledging receipt of the statement. In
    addition, all medical information required to be disclosed pursuant
    to subdivision (b) shall be made orally to the purchaser.
    (f) For purposes of this article, a disease, illness, or
    congenital or hereditary condition that adversely affects the health
    of a dog at the time of sale or is likely to adversely affect the
    health of the dog in the future shall be one that is apparent at the
    time of sale or that should have been known by the pet dealer from
    the history of veterinary treatment disclosed pursuant to this
    section.


    122145. A pet dealer shall maintain a written record on the health,
    status, and disposition of each dog and each cat for a period of not
    less than one year after disposition of the dog or cat. The record
    shall also contain all of the information required to be disclosed
    pursuant to Sections 122140 and 122220. Those records shall be
    available to humane officers, animal control officers, and law
    enforcement officers for inspection during normal business hours.



    122150. (a) Except as otherwise specified herein, any person
    violating any provision of this article other than Section 122205
    shall be subject to a civil penalty of up to one thousand dollars
    ($1,000) per violation. The action may be prosecuted in the name of
    the people of the State of California by the district attorney for
    the county where the violation occurred in the appropriate court or
    by the city attorney in the city where the violation occurred.
    (b) Nothing in this article limits or authorizes any act or
    omission that violates Section 597l of the Penal Code.



    122155. (a) It shall be unlawful for a pet dealer to fail to do any
    of the following:
    (1) Maintain facilities where the dogs are kept in a sanitary
    condition.
    (2) Provide dogs with adequate nutrition and potable water.
    (3) Provide adequate space appropriate to the age, size, weight,
    and breed of dog. Adequate space means sufficient space for the dog
    to stand up, sit down, and turn about freely using normal body
    movements, without the head touching the top of the cage, and to lie
    in a natural position.
    (4) Provide dogs housed on wire flooring with a rest board,
    floormat, or similar device that can be maintained in a sanitary
    condition.
    (5) Provide dogs with adequate socialization and exercise. For
    the purpose of this article "socialization" means physical contact
    with other dogs or with human beings.
    (6) Wash hands before and after handling each infectious or
    contagious dog.
    (7) Maintain either of the following:
    (A) A fire alarm system that is connected to a central reporting
    station that alerts the local fire department in case of fire.
    (B) Maintain a fire suppression sprinkler system.
    (8) Provide veterinary care without delay when necessary.
    (b) A pet dealer shall not be in possession of a dog that is less
    than eight weeks old.



    122160. (a) If a licensed veterinarian states in writing that
    within 15 days after the purchaser has taken physical possession of
    the dog after the sale by a pet dealer, the dog has become ill due to
    any illness that existed in the dog on or before delivery of the dog
    to the purchaser, or, if within one year after the purchaser has
    taken physical possession of the dog after the sale, a veterinarian
    licensed in this state states in writing that the dog has a
    congenital or hereditary condition that adversely affects the health
    of the dog, or that requires, or is likely in the future to require,
    hospitalization or nonelective surgical procedures, the dog shall be
    considered unfit for sale, and the pet dealer shall provide the
    purchaser with any of the following remedies that the purchaser
    elects:
    (1) Return the dog to the pet dealer for a refund of the purchase
    price, plus sales tax, and reimbursement for reasonable veterinary
    fees for diagnosis and treating the dog in an amount not to exceed
    the original purchase price of the dog, plus sales tax.
    (2) Exchange the dog for a dog of the purchaser's choice of
    equivalent value, providing a replacement dog is available, and
    reimbursement for reasonable veterinary fees for diagnosis and
    treating the dog in an amount not to exceed the original purchase
    price of the dog, plus sales tax.
    (3) Retain the dog, and reimbursement for reasonable veterinary
    fees for diagnosis and treating the dog in an amount not to exceed
    150 percent of the original purchase price of the dog, plus sales tax
    on the original purchase price of the dog.
    (b) If the dog has died, regardless of the date of the death of
    the dog, obtain a refund for the purchase price of the dog, plus
    sales tax, or a replacement dog of equivalent value of the purchaser'
    s choice and reimbursement for reasonable veterinary fees in
    diagnosis and treatment of the dog in an amount not to exceed the
    original purchase price of the dog, plus sales tax, if either of the
    following conditions exist:
    (1) A veterinarian, licensed in this state, states in writing that
    the dog has died due to an illness or disease that existed within 15
    days after the purchaser obtained physical possession of the dog
    after the sale by a pet dealer.
    (2) A veterinarian, licensed in this state, states in writing that
    the dog has died due to a congenital or hereditary condition that
    was diagnosed by the veterinarian within one year after the purchaser
    obtained physical possession of the dog after the sale by a pet
    dealer.


    122165. (a) There shall be a rebuttable presumption that an illness
    existed at the time of sale if the animal dies within 15 days of
    delivery to the purchaser.
    (b) For purposes of Section 122160, a finding by a veterinarian of
    intestinal or external parasites shall not be grounds for declaring
    a dog unfit for sale unless their presence makes the dog clinically
    ill or is likely to make the dog clinically ill.
    (c) For purposes of Section 122160, the value of veterinary
    services shall be deemed reasonable if the services rendered are
    appropriate for the diagnosis and treatment of illness or congenital
    or hereditary condition, made by the veterinarian and the value of
    similar services is comparable to the value of similar services
    rendered by other licensed veterinarians in proximity to the treating
    veterinarian.



    122170. To obtain the remedies provided for in Section 122160, the
    purchaser shall substantially comply with all of the following
    requirements:
    (a) Notify the pet dealer as soon as possible but not more than
    five days after the diagnosis by a veterinarian licensed in this
    state of a medical or health problem, including a congenital or
    hereditary condition and of the name and telephone number of the
    veterinarian providing the diagnosis.
    (b) Return the dog to the pet dealer, in the case of illness,
    along with a written statement from a veterinarian licensed in this
    state, stating the dog to be unfit for purchase due to illness, a
    congenital or hereditary condition, or the presence of symptoms of a
    contagious or infectious disease, that existed on or before delivery
    of the dog to the purchaser, and that adversely affects the health of
    the dog. The purchaser shall return the dog along with a copy of
    the veterinarian's statement as soon as possible but not more than
    five days after receipt of the veterinarian's statement.
    (c) Provide the pet dealer, in the event of death, with a written
    statement from a veterinarian licensed in this state stating that
    the dog died from an illness that existed on or before the delivery
    of the dog to the purchaser. The presentation of the statement shall
    be sufficient proof to claim reimbursement or replacement and the
    return of the deceased dog to the pet dealer shall not be required.




    122175. Notwithstanding Section 122160, no refund, replacement, or
    reimbursement of veterinary fees shall be made if any of the
    following conditions exist:
    (a) The illness or death resulted from maltreatment or neglect or
    from an injury sustained or an illness contracted subsequent to the
    delivery of the dog to the purchaser.
    (b) The purchaser fails to carry out the recommended treatment
    prescribed by the examining veterinarian who made the initial
    diagnosis. However, this subdivision shall not apply if the cost for
    the treatment together with the veterinarian's fee for the diagnosis
    would exceed the purchase price of the dog, including sales tax.
    (c) A veterinarian's statement was provided to the purchaser
    pursuant to subparagraph (B) of paragraph (6) of subdivision (b) of
    Section 122140 that disclosed the disease, illness, or condition for
    which the purchaser seeks to return the dog. However, this paragraph
    shall not apply if, within one year after the purchaser took
    physical possession of the dog, a veterinarian licensed in this state
    states in writing that the disease, illness, or condition requires,
    or is likely in the future to require, hospitalization or nonelective
    surgical procedures or that the disease, illness, or condition
    resulted in the death of the dog.
    (d) The purchaser refuses to return to the pet dealer all
    documents previously provided to the purchaser for the purpose of
    registering the dog. This subdivision shall not apply if the
    purchaser signs a written statement certifying that the documents
    have been inadvertently lost or destroyed.



    122180. (a) The veterinarian's statement pursuant to Section 122160
    shall contain the following information:
    (1) The purchaser's name and address.
    (2) The date or dates the dog was examined.
    (3) The breed and age of the dog, if known.
    (4) That the veterinarian examined the dog.
    (5) That the dog has or had an illness described in this section
    that renders it unfit for purchase or resulted in its death.
    (6) The precise findings of the examination or necropsy, including
    laboratory results or copies of laboratory reports.
    (b) If a refund for reasonable veterinary expenses is being
    requested, the veterinary statement shall be accompanied by an
    itemized bill of fees appropriate for the diagnosis and treatment of
    the illness or congenital or hereditary condition.
    (c) Refunds and payment of reimbursable expenses provided for by
    Section 122160 shall be paid, unless contested, by the pet dealer to
    the purchaser not later than 10 business days following receipt of
    the veterinarian's statement required by Section 122160 or, where
    applicable, not later than 10 business days after the date on which
    the dog is returned to the pet dealer.



    122185. (a) In the event that a pet dealer wishes to contest a
    demand for any of the remedies specified in Section 122160, the
    dealer may, except in the case of the death of the dog, require the
    purchaser to produce the dog for examination by a licensed
    veterinarian designated by the pet dealer. The pet dealer shall pay
    the cost of this examination.
    (b) If the purchaser and the pet dealer are unable to reach an
    agreement within 10 business days following receipt by the pet dealer
    of the veterinarian's statement pursuant to Section 122160, or
    following receipt of the dog for examination by a veterinarian
    designated by the pet dealer, whichever is later, the purchaser may
    initiate an action in a court of competent jurisdiction to resolve
    the dispute or the parties may submit to binding arbitration if
    mutually agreed upon by the parties in writing.
    (c) The prevailing party in the dispute shall have the right to
    collect reasonable attorney's fees if the other party acted in bad
    faith in seeking or denying the requested remedy.




    122190. Every pet dealer that sells a dog shall provide the
    purchaser at the time of sale, and a prospective purchaser upon
    request, with a written notice of rights, setting forth the rights
    provided for under this section. The notice shall be contained in a
    separate document. The written notice of rights shall be in 10-point
    type. A copy of the written notice of rights shall be signed by the
    purchaser acknowledging that he or she has reviewed the notice. The
    notice shall state the following:

    "A STATEMENT OF CALIFORNIA LAW GOVERNING THE SALE OF DOGS

    The sale of dogs is subject to consumer protection regulations.
    In the event that a California licensed veterinarian states in
    writing that your dog is unfit for purchase because it became ill due
    to an illness or disease that existed within 15 days following
    delivery to you, or within one year in the case of congenital or
    hereditary condition, you may choose one of the following:
    (1) Return your dog and receive a refund of the purchase price,
    plus sales tax, and receive reimbursement for reasonable veterinarian
    fees up to the cost of the dog plus sales tax.
    (2) Return your dog and receive a dog of your choice of equivalent
    value, providing a replacement dog is available, and receive
    reimbursement for reasonable veterinarian fees up to the cost of the
    dog, plus sales tax.
    (3) Keep the dog and receive reimbursement for reasonable
    veterinarian fees up to 150 percent of the original purchase price of
    the dog plus sales tax on the original purchase price of the dog.
    In the event your dog dies, you may receive a refund for the
    purchase price of the dog, plus sales tax, or a replacement dog of
    your choice, of equivalent value, and reimbursement for reasonable
    veterinary fees for the diagnosis and treatment of the dog, if a
    veterinarian, licensed in this state, states in writing that the dog
    has died due to an illness or disease that existed within 15 days
    after the purchaser obtained physical possession of the dog after the
    sale by a pet dealer, or states that the dog has died due to a
    congenital or hereditary condition that was diagnosed by the
    veterinarian within one year after the purchaser obtained physical
    possession of the dog after the sale by a pet dealer. These fees may
    not exceed the purchase price of the dog, plus sales tax.
    In order to exercise these rights, you must notify the pet dealer
    as quickly as possible but no later than five days after learning
    from your veterinarian that a problem exists. You must tell the pet
    dealer about the problem and give the pet dealer the name and
    telephone number of the veterinarian providing the diagnosis.
    If you are making a claim, you must also present to the pet dealer
    a written veterinary statement, in a form prescribed by law, that
    the animal is unfit for purchase and an itemized statement of all
    veterinary fees related to the claim. This information must be
    presented to the pet dealer no later than five days after you have
    received the written statement from the veterinarian.
    In the event that the pet dealer wishes to contest the statement
    or the veterinarian's bill, the pet dealer may request that you
    produce the dog for examination by a licensed veterinarian of the pet
    dealer's choice. The pet dealer shall pay the cost of this
    examination.
    In the event of death, the deceased dog need not be returned to
    the pet dealer if you submit a statement issued by a licensed
    veterinarian stating the cause of death.
    If the parties cannot resolve the claim within 10 business days
    following receipt of the veterinarian statement or the examination by
    the pet dealer's veterinarian, whichever event occurs later, you may
    file an action in a court of competent jurisdiction to resolve the
    dispute. If a party acts in bad faith, the other party may collect
    reasonable attorney's fees. If the pet dealer does not contest the
    matter, the pet dealer must make the refund or reimbursement no later
    than 10 business days after receiving the veterinary certification.

    If the pet dealer has represented your dog as registerable with a
    pedigree organization, the pet dealer shall provide you with the
    necessary papers to process the registration within 120 days
    following the date you received the dog. If the pet dealer fails to
    deliver the papers within the prescribed timeframe, you are entitled
    to return the dog for a full refund of the purchase price, including
    sales tax, or a refund of 75 percent of the purchase price, including
    sales tax if you choose to keep the dog.
    This statement is a summary of key provisions of the consumer
    remedies available. California law also provides safeguards to
    protect pet dealers from abuse. If you have any questions, obtain a
    copy of the complete relevant statutes.
    This notice shall be contained in a separate document. The
    written notice shall be in 10-point type. The notice shall be signed
    by the purchaser acknowledging that he or she has reviewed the
    notice. The pet dealer shall permit persons to review the written
    notice upon request.
    NOTE: This disclosure of rights is a summary of California law.
    The actual statutes are contained in Article 2 (commencing with
    Section 122125 of Chapter 5 of Part 6 of Division 105 of the Health
    and Safety Code."



    122195. Nothing in this article shall in any way limit the rights
    or remedies that are otherwise available to a consumer under any
    other law. Nor shall this article in any way limit the pet dealer
    and the purchaser from agreeing between themselves upon additional
    terms and conditions that are not inconsistent with this article.
    However, any agreement or contract by a purchaser to waive any rights
    under this article shall be null and void and shall be
    unenforceable.


    122200. (a) A pet dealer shall not state, promise, or represent to
    the purchaser, directly or indirectly, that a dog is registered or
    capable of being registered with an animal pedigree registry
    organization, unless the pet dealer provides the purchaser with the
    documents necessary for that registration within 120 days following
    the date of sale of the dog.
    (b) In the event that a pet dealer fails to provide the documents
    necessary for registration within 120 days following the date of
    sale, in violation of subdivision (a), the purchaser shall, upon
    written notice to the pet dealer, be entitled to retain the animal
    and receive a partial refund of 75 percent of the purchase price,
    plus sales tax, or return the dog along with all documentation
    previously provided the purchaser for a full refund, including sales
    tax.



    122205. Except as provided for in subparagraph (B) of paragraph (6)
    of subdivision (b) of Section 122140, no pet dealer shall knowingly
    sell a dog that is diseased, ill, or has a condition, any one of
    which requires hospitalization or surgical procedures. In lieu of
    the civil penalties imposed pursuant to Section 122150, any pet
    dealer who violates this section shall be subject to a civil penalty
    of up to one thousand dollars ($1,000), or shall be prohibited from
    selling dogs at retail for up to 30 days, or both. If there is a
    second offense, the pet dealer shall be subject to a civil penalty of
    up to two thousand five hundred dollars ($2,500), or a prohibition
    from selling dogs at retail for up to 90 days, or both. For a third
    offense, the pet dealer shall be subject to a civil penalty of up to
    five thousand dollars ($5,000) or a prohibition from selling dogs at
    retail for up to six months, or both. For a fourth and subsequent
    offense, the pet dealer shall be subject to a civil penalty of up to
    ten thousand dollars ($10,000) or a prohibition from selling dogs at
    retail for up to one year, or both. For purposes of this section, a
    violation that occurred over five years prior to the most recent
    violation shall not be considered.
    An action for recovery of the civil penalty and for a court order
    enjoining the pet dealer from engaging in the business of selling
    dogs at retail for the period set forth in this section, may be
    prosecuted by the district attorney for the county where the
    violation occurred, or the city attorney for the city where the
    violation occurred, in the appropriate court.



    122210. (a) No dog may be offered for sale by a pet dealer to a
    purchaser until the dog has been examined by a veterinarian licensed
    in this state. Each dog shall be examined within five days of
    receipt of the dog and once every 15 days thereafter while the dog is
    in the possession or custody of the pet dealer. The pet dealer
    shall provide any sick dog with proper veterinary care without delay.

    (b) Any dog diagnosed with a contagious or infectious disease,
    illness, or condition shall be caged separately from healthy dogs
    until a licensed veterinarian determines that the dog is free from
    contagion or infection. The area shall meet the following conditions
    when contagious or infectious dogs are present:
    (1) The area shall not be used to house other healthy dogs or new
    arrivals awaiting the required veterinary examination.
    (2) The area shall not be used for storing open food containers or
    bowls, dishes, or other utensils that come in contact with healthy
    dogs.
    (3) The area shall have an exhaust fan that creates air movement
    from the isolation area to an area outside the premises of the pet
    dealer. The removal of exhaust air from the isolation area may be
    accomplished by the use of existing heating and air-conditioning
    ducts, provided no exhaust air is permitted to enter or mix with
    fresh air for use by the general animal population.
    (4) Upon removal of all of the contagious or infectious dogs, the
    area shall be cleaned and disinfected before any healthy animal can
    be placed in the area.
    (c) If the pet dealer's veterinarian deems the dog to be unfit for
    purchase due to a disease, illness, or congenital condition, any of
    which is fatal or that causes, or is likely to cause, the dog to
    unduly suffer, the veterinarian shall humanely euthanize the dog.
    The veterinarian shall provide the pet dealer with a written
    statement as to why the dog was euthanized. Otherwise, the pet
    dealer shall have a veterinarian treat the dog, or may surrender the
    dog to a humane organization that consents to the receipt thereof.
    (d) In the event a dog is returned to a pet dealer due to illness,
    disease, or a congenital or hereditary condition requiring
    veterinary care, the pet dealer shall provide the dog with proper
    veterinary care.



    122215. Every retail dealer shall post conspicuously on the cage of
    each dog offered for sale a notice indicating the state where the
    dog was bred and brokered.



    122220. (a) Every pet dealer shall post conspicuously within close
    proximity to the cages of dogs offered for sale, a notice containing
    the following language in 100-point type:

    "Information on the source of these dogs, and veterinary treatments
    received by these dogs is available for review."

    "You are entitled to a copy of a statement of consumer rights."

    (b) Every pet dealer shall, upon request for information regarding
    a dog, make immediately available to prospective purchasers all of
    the information required to be disclosed to purchasers pursuant to
    subdivision (b) of Section 122140 and pursuant to Section 122190.





    --------------------------------------------------------------------------------
     
  13. Jamiya

    Jamiya New Member

    I didn't read all of that legal stuff, but this part seems applicable:




    I know that parvo sometimes does not show up until the buyer gets the dog home. Samsintentions, who occasionally breeds and posts here, had one of her pups come down with it once after the pup was in his new home. I don't recall what the outcome of that one was.

    I would probably start by getting a statement from the vet that contains the info required in the above statute. Then copy it and write a letter describing your expenses and what you want the breeder to do and how to contact you and send it via certified mail. Make sure you keep a copy of everything and a log book of when you have communicated (or attempted to communicate) with the breeder, including time of phone calls, what was said, if a message was left, etc. Write it all down, and keep as much of it written (letters and e-mail) as possible. If the breeder does not respond to the certified letter within the time limit you specified in the letter (a few days to a week is plenty of time), then start court procedings, and make sure you are within the time limits set by law.

    In the meantime, take a look at the sticky in this forum about how to clean up after parvo and get that done.

    I would never buy from a breeder where the pups are raised anywhere but inside the home.

    You might also consider a shelter or rescue rather than a breeder, but it sounds like you did a lot of research beforehand and know what you want which is great!
     

Share This Page