Breach of Contract, One Year Ago

[foofoo1968]

I purchased an AKC American Bulldog last year. She was actually flow to me. At the time, we had a contract for first pick and the breeder stated he “sold first pick twice”. Therefore we didn’t get the first pick dog. We took the second pick. She is not even the standard height of an AB, which is fine as they made no guarantee as to show quality. However, I wanted to pursue the breach of contract at the time of sale. My SO did not. My question is, after one year do we have any recourse on not getting the puppy we wanted in the first place. A contract is a contract. I don’t want to reuturn her to the breeder. Do I just chalk it up to a lost cause?

• This topic was modified 7 years, 10 months ago by John.

Topic

[saljake]

I bought two mini doxies from Majesta Kennels in Belmont NY. the agreement was that I would receive the AKC papers once the puppies were neutered and spayed. I sent copies of the papers to her and never saw the AKC papers or heard from her agian. I also discovered she does not have a kennel license for NYS. Please check out your breeders totally before buying your puppies. I thought I had done all the research, ooops forgot to check if she had kennel license. the matter of the license is now in the hands of NYS dept of Agriculture and markets. AKC has not been very helpful in this matter., I am still working with them however, to try to put a stop to her being a member. I also discovered when it was to late that she has been in trouble before. I also have no way of contacting the website that I found her on.
I love my puppies and would never give them back, and am glad I have them. It is now the principle of the matter and not wanting any one else to get bit by her.

Even her facebook page looked great with happy customers, I was unhappy and she unfriended me before i could post.

[donaken]

BEWARE of Mylesdanes in Niagara Falls, New York

I purchased a Merlequin Great Dane from Mylesdanes. I had researched and found nothing bad about them.
I emailed the breeder and she seemed to be knowledgeable.
I filled out the application, mailed a non-refundable deposit, signed a contract and paid $1,200 plus
$300 for transportation (by car).
My pup arrived at 7 weeks old and he is beautiful.
He came with his sire’s pedigree and a paper from a ‘vet’ that checked off as ‘good’ all his physical
parts.
After 2 weeks, when my pup was starting to be much more active, I realized he had a vision problem.
My vet checked him and diagnosed him with a congenital problem called Nystagmus. My pup can distinguish
somewhat from light to dark and somethings that go by him closely. I do not know the extent of his
vision impairment, but he bumps into just about everything. He cockes his head to try to hear but I

haven’t taken him for a hearing test yet.
I contacted Mylesdanes and was told she my dog didn’t have a vision problem and she never had a dog
with a vision problem. She insisted I read my contract. I had read it. It stated that if there was
a life threatening condition, she would honor the contract.
The vision problem (and possible hearing problem) are not (as far as can be determined) life threatening.
The contract states I must take my pup to a specialist. She must agree with the diagnosis and then I must
pay to ship my pup back. She would then select a new pup within one year, color and sex her choice not

mine. I would then pay, again, to have that pup shipped to me.
I had seen on the web site that she had a deaf pup she was giving away. She then sold this pup for $300.
I, myself, used to breed dogs (Dalmatians) and if there ever was a problem, I immediately refunded any
monies.
I had expected to at least get some of the money back since a deaf dog was only $300.
I do not want to send my pup back as he is a wonderful ‘little’ guy and we are learning to adapt to his
problems.
Please, research plenty, and research some more before buying from any breeder.
And BEWARE of Mylesdanes which is considered a ‘BYB’ (backyard breeder)as I found out after reading about

them at Danesonline, alas, too late. That’s a breeder who is only in it for the money.
This breeder also refuses to provide medical information about her breeding danes nor any references
Please, learn from my mistake. New Yorks dog lemon law is only good for the first 14 days!

[dallas1]

As a breeder, I can say that it sounds like this particular breeder has a typical contract that will offer replacement on a life threatening congenital problem. What the contract doesn’t address is any serious defects or flaws that are non-life threatening. I agree that the right thing for the breeder to do was to replace the puppy and give you what you paid for. However, from a legal stance, I think that you signed a contract that offered you no protection for the defective puppy that you received. I can say that although my contracts are possibly very similar to the contract of this breeder, from a moral and ethical standpoint, I would not want to have a customer that paid top dollar for a severly flawed puppy. I would make it right and replace the puppy… but that is just me.

[Ophelia]

Sorry for posting here it wasn’t letting me create my own thread.

We got a Golden Retriever from a breeder. Our pup later turned out to have hip dysplasia. We live in Florida and by law we get either the purchase price of the dog or a new dog within a year of the discovery. I think the year is almost up and since my mom hasn’t done anything I’d like to try and get the money for him because it’s the principle of things really and his pain pills are expensive and he’ll need surgery and he’s got tons of doctors from a vet to a specialist. How do we get the money from this horrible breeder who probably knowingly bred dogs knowing the puppies would have it? Do we call and ask the breeder sending the xrays and paperwork or … send a letter with the paperwork? ? ? ?

[Author]

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