Hello
I recently bred my Maltese and Yorkshire Terrier with the expectation that the dam would have 2 or 3 puppies (which is typical) and we were going to keep the puppies as with all plans things went differently than expected and 6 puppies were born. As it would be unfair to keep that many dogs because we would not be able to give them the proper love they needed we decided to adopt out three of them. We used a 3 page application to 'screen' the potential homes and finally narrowed it down. I then went to a website and found a purchase contract that seemed very inclusive and had the best terms. Each of the homes was required to pay for the costs it had taken us to care for the puppies and make a 200.00 donation to a no kill humane group of their choice. We are not making any money on the puppies but are recouping fee's incurred in raising them up to this point.
Our contract has one warranty which is that if the puppy is found to be terminally ill within 4 days upon receiving the puppy they may return it with a written statement from the vet stating that it is ill and we will refund all monies within 14 days.
It also has a clause stating that if for any reason the buyer can not keep the puppy they may not sell give or trade the puppy to any other person or group etc... they must return it to us and that they forfeit the full amount of the puppy.
We placed one of the puppies in a home Friday evening at 730pm they seemed excited, we inspected the home made sure they had paid the fee to the landlord to have the puppy and that they had purchased a crate and food, they had done all the above.
They seemed excited and like they were a good fit. 25 hours later we get a call stating they cant keep the puppy because one of the family members was allergic. They wanted to return the puppy and not pay for it.
The part that is upsetting is that on the application they had put that one person did have allergies so I emailed them (and have all the emails) talking about how the 'morkies' are hypoallergenic but that doesn't mean people won't be allergic to them it only means they shed less and have less dander and asking what specifically the person who was allergic in the past was 'allergic to' was it fur as they claimed or was it saliva or oils or dander, and explained so that all parties would be informed that they may need to take a claritin everyday for the life of the dog. They responded that the family member had been around min-pins Maltese's Yorkshires and Poodles with no issues and that they had taken Zyrtec and Clari-tin in the past and were used to it.
So they claim they tried several allergy medications (yet they have had the dog for only 25 hours) and none worked except Benedryl and this isn't going to work as along term solution. Clearly this is a weak story at best, and I feel they are having buyers remorse.
Regardless I now have to quarantine the puppy from the other puppies until it see's the vet and is re-tested to make sure it hasn't contracted anything while not in my care because I can't risk sending out the last two puppies to their homes if they could possibly be sick (all the puppies had a check up 9 days ago and were fine I want to send healthy puppies to their new homes) ... I don't know what to do though. I don't want these people to feel 'cheated' and I don't want to be a jerk but I feel that they signed the contract they waited for nearly two weeks before I brought the puppy to them and they had plenty of time to change their minds and didn't so is it fair to let them out of a contract that I want to enforce on the other puppy owners?
What is the legally correct thing to do?
Help!!!
I recently bred my Maltese and Yorkshire Terrier with the expectation that the dam would have 2 or 3 puppies (which is typical) and we were going to keep the puppies as with all plans things went differently than expected and 6 puppies were born. As it would be unfair to keep that many dogs because we would not be able to give them the proper love they needed we decided to adopt out three of them. We used a 3 page application to 'screen' the potential homes and finally narrowed it down. I then went to a website and found a purchase contract that seemed very inclusive and had the best terms. Each of the homes was required to pay for the costs it had taken us to care for the puppies and make a 200.00 donation to a no kill humane group of their choice. We are not making any money on the puppies but are recouping fee's incurred in raising them up to this point.
Our contract has one warranty which is that if the puppy is found to be terminally ill within 4 days upon receiving the puppy they may return it with a written statement from the vet stating that it is ill and we will refund all monies within 14 days.
It also has a clause stating that if for any reason the buyer can not keep the puppy they may not sell give or trade the puppy to any other person or group etc... they must return it to us and that they forfeit the full amount of the puppy.
We placed one of the puppies in a home Friday evening at 730pm they seemed excited, we inspected the home made sure they had paid the fee to the landlord to have the puppy and that they had purchased a crate and food, they had done all the above.
They seemed excited and like they were a good fit. 25 hours later we get a call stating they cant keep the puppy because one of the family members was allergic. They wanted to return the puppy and not pay for it.
The part that is upsetting is that on the application they had put that one person did have allergies so I emailed them (and have all the emails) talking about how the 'morkies' are hypoallergenic but that doesn't mean people won't be allergic to them it only means they shed less and have less dander and asking what specifically the person who was allergic in the past was 'allergic to' was it fur as they claimed or was it saliva or oils or dander, and explained so that all parties would be informed that they may need to take a claritin everyday for the life of the dog. They responded that the family member had been around min-pins Maltese's Yorkshires and Poodles with no issues and that they had taken Zyrtec and Clari-tin in the past and were used to it.
So they claim they tried several allergy medications (yet they have had the dog for only 25 hours) and none worked except Benedryl and this isn't going to work as along term solution. Clearly this is a weak story at best, and I feel they are having buyers remorse.
Regardless I now have to quarantine the puppy from the other puppies until it see's the vet and is re-tested to make sure it hasn't contracted anything while not in my care because I can't risk sending out the last two puppies to their homes if they could possibly be sick (all the puppies had a check up 9 days ago and were fine I want to send healthy puppies to their new homes) ... I don't know what to do though. I don't want these people to feel 'cheated' and I don't want to be a jerk but I feel that they signed the contract they waited for nearly two weeks before I brought the puppy to them and they had plenty of time to change their minds and didn't so is it fair to let them out of a contract that I want to enforce on the other puppy owners?
What is the legally correct thing to do?
Help!!!
