Consumer Law, Warranties warranty

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Patt10

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I sold a healthy fine puppy in Aug of 03. I have a two year written warranty on Hips to Certify at 2 yrs by OFA. Also, I give a 72 hours health warranty to take the puppy to your vet if u like and if anything is found to be life threatening, a written report to my vet, the pup is spayed/neutered and a replacement will be made of equal or better quality.
Some near 3 weeks after the puppy left, I start to get emails about Demodicosis or mange mite. I never heard of it as I never had it in my lines or puppies. I felt bad and not warranted I offered a replacement puppy. She said: NO, I want my money back which was $800.00. I stated that the replacement goes against my policy, I will not start refunds no Breeder does this on an $800 puppy. After many registered letters, emails, phone calls, I get a registered letter from an attorney she hired to collect some 1500.00 includes wormings, neutering the entire works she now wants or the attorney threatened a judgement would be entered in Chicaog courts against me for breech of contract. It is on my site exactly what I warranty and no other pups of the six born had a thing wrong. She stated a back injury that happened young, it did not happen here or the pup would never left here, she played with it on Aug 10, paid cash, got receit from me and pose for photos for my site and stayed at motel till early morning she came and took her pup to Il home.
She was a nastey lady in the first place to deal with wanting a special pup for Obedience, I picked her a fine gentle loving puppy, she abused and injured this pup I know my heart tells me as I know the pup was healthy vetted and ready for a new home. What is advise, the pup was two years May 31, she put it to sleep April 05 because it bit a family member.? She voided her warranty doing that on the hips not xrayng them at 2 yrs. Is there a statue of limations on a simple thing she is accusing me of as the same mom and dad have had 2 more litters with absolutely nothing wrong. Happy people with nice puppies.
Thank You.
 
Hi,

Don't know about the legal aspect. I do know about the verterinary aspect. Demodectic mange shows up in animals with compromised immune systems. It can be confined to a small area (local) or it can affect the whole body (general). There a 'juvenile onset" demodex problem that is familial. The general recommendation is that animals with generalized demodex shouldn't be bred. I'm not saying this is true of your line, but I imagine that is what she based her claim on when she wanted you to refund the money.

All of her claims about the puppys health (if true) will be documented in the puppy's medical record, which her vet has to keep for several years (in all the states I'm aware of). If this ended up in a lawsuit you can get copies of the record and have a person who is knowlegable (say your veterinarian and a lawyer) go though the record with a fine tooth comb. Veterinary records are legal documents and if the record doesn't back up her story she doesn't have a case. Remember that even if the puppy had Demodex she still has to make a convincing argument that you knew or should have known about the problem. Your own veterinarian's records will help you there.

As a side note, the fact that her pet bit someone shows that she has no idea how to be a responsible pet owner.
 
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