breeder fraud

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rsalter33

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I purchased a Fila Mastiff 11/25/2012 from Luis Yanez of Filas Lionsden.. The breeder told me that the pup had already had his first 2 set of shots and all he needed was his last set. At the time I was told the puppy was only 14 weeks old. 11/27/2012, I took the puppy to the vet to due a complete exam.The vet tells me according to the pup canine he is only 9 weeks old. Also the shot recorded provided by the breeder only shows that the pup has received the parvo shot. I did not know that when I left the breeder because the shot records were in Spanish. Anyways I thought to my self my this is going to be a big dog. 1 week passed everything is good I stayed in contact with the breeder because they had been late in getting me the AKC registration paper worker. At the time we spoke I did mentioned what the Vet told me about the shot record. Finally, after a week in a half the AKC registration paperwork comes in the mail. The pup is doing well and is very playful with my 2 other dogs both are 2 years old. Week 2 Monday morning I walk up stairs to let the pup and my 2 year old English bulldog out of the kennel. I get up stairs and see my old English is ready to go, no problem but I still see the pup sleep. I am thinking this is odd, normally he is up and jumping. I take a closer look I see his not sleeping but dead. I don't move I call the breeder right away. I tell the breeder what has happened. She asked me a series of questions. I answer all and we can't understand why he is dead. She advise me to contact my vet and she will do the same. Now at this point I am sad and also upset and thinking what just happened. I payed $ 1,500.00 just 2 weeks ago from the breeder and now the dog is dead. I later dispose of the puppy.I talk to my vet they have no idea. I contact the breeder to discuss how is it my puppy dies after me only have him for 2 weeks and my 2 years dog are still in perfect health. The breeder gives me the cold shoulder and says when the puppy left us he was in good health there will be no refund or no replacement dog. I tell the breeder your website says your dogs come with a health guarantee. Also on the website it says they dogs live on average for 8-10 years. I told them the dog you sold me died in 2 weeks for no reason and I did my part to insure his health and my vet record will reflect that. Again cold shoulder. What do I do?

The purchase contract states under health Guarantee.


To the Best of my knowledge the above dog is in good health and has no congenital defect and or hip dysplasia. the dog must be take to your veterinarian for a check up within 24 hours of you taking ownership of the above dog. if the vet finds the above dog in poor health, then that vets report stating the health problems must be submitted with this contract in order to arrange for a replacement of the dog, from either its litter or a future litter. The dog can be replaced if any serious illness occurs during the first three(3) months, with the exception of crippling dysplasia with in the first two(2) years of life. No refunds will be returned . Buyer must follow a proper vaccinations schedule. Buyer must notify breeder with in 24 hours if the dog should become ill. Breeder will not be responsible for any vet bills. The dog is guaranteed to be a breedable prospect and have show potential.



Ok, forgive me if I am wrong but what happend to " the dog can be replaced if any serious illness occurs during the first three months. Serious illness. I wonder does DEATH qualify?
 
The cold shoulder is typically remedied with a civil lawsuit.
The breeder may suddenly become responsive when served papers.
Was the dog disposed of without determining cause of death?
 
How should I proceed with a civil lawsuit? What is the process in serving them with papers? The dog was disposed of without determining the cause of death. However the breeder was notified the minute I found my dog dead. In that moment the breeder did not suggest nor imply i get a cause of death report to justify death. The purchase contract states ."Buyer must notify breeder with in 24 hour if the dog should become ill. The dog can be replaced if any serious illness occurs during the first 3 months." Could Death be consider as serious illness?
 
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