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 Legal Buyers Contract Questions

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alfisher3



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Age : 36
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PostSubject: Legal Buyers Contract Questions   Fri Oct 17, 2008 8:09 pm

Many times I'm looking at website offering dogs for sale and most of the puppy purchase contracts read as follows:

-All deposits are non-refundable for any reason but may be transferred only in the event that pup chosen dies or develops health problems before 8 weeks of age.

-All vet bills and shipping cost will not be refunded.

-If your pup is found in poor health, the pup will be replaced. We must be provided with written documentation forms by a licensed vetenarian containing diagnosis and prognosis of pup. NO REFUND will be given!

-Shots and deworming are the responsiblilty of the buyer. Any pup developing an illness related to lack of shots or deworming will not be replaced.

-Deposits will not be accepted until pups are 2 weeks of age to determine a good and healthy pup.

-Balance on pup is due at 6 weeks of age or the date agreeable between seller and the purchaser. If shipping is needed, we will provide this service for an additional fee which will include travel method, crate, and health certificate required for shipping. Pups are shipped at 8 weeks of age or may be picked up at 6 weeks of age.

My question is has anyone ever been challenged on this, because when reading contracts like these I see many things illegal which can lead to an instant lawsuit. It's my understanding that even if this contract says no refund on money, I think federal laws prohibit merchants from selling a faulty or bad product , ex: lemon law with buying used cars. So IMO I think if a buyer has a pup and the pup has been proven to have a genetic condition that caused death, I think the buyer is entitled to a full refund plus medical cost to the dog under federal buyer laws here in the United States. I mean in most cases I think people wouldn't want to have their money transfered to a different litter because who's to say the next pup won't have the same problems that resulted in the death of the other pup. Give me some feedback on this.
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pitmamma
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PostSubject: Re: Legal Buyers Contract Questions   Fri Oct 17, 2008 10:33 pm

Oh Ant..where do I start? Most of the contracts I have read say pretty much the same as what you posted, with one little addition. You are going to say spay/neuter contract..nope but pretty close. The dog will be breed by the original breeder only. You must pay to have the dog shipped back to them, so they can breed it, have the litter, and then they will send you the dog back at your expense. The first time I seen that I was kinda like, \'these people must be trippin\'. But I have now seen it more than once.

Now to answer your question.....Yes I completely agree that the contract is not legally binding. ..The thing is...most people do not know that. They think they are signing a contract and that must make it legal.

Example.....(yep I am sure you all want to hear it, lol)....
I bought a pup. Guy had paperwork showing the shots and wormings, etc....had both parents on site with peds. Pick out a pup, paid and took her home. This was on a Saturday. Now being an educated dog parent (throws in some giggles here). I keep her seperated from my other dogs and take her out to potty in a place in the yard where no other dog has been before. Trying to be extra careful as this is the most expensive dog I have ever purchased.

Dog is suppose to be 11 weeks old and has 2 sets of shots. Was going to give her a 3rd and 4th dose at the appropriete ages of 12 and 14 weeks. Dog acts fine all weekend. First thing Monday, she eats, then pukes...I freaked out... **remember not first or even 20th dog, but the one I spend lots of money on. Called vet and took her in within 20 minutes of the her throwing up. Hmmm what coukd it be..you guessed it..PARVO. Titer test results...no shots were ever given to her. After 8 days at the vet and about $1,000 in bills, I had her put down.

Called the breeder, whose first reaction was \"you are the 4th person to call and say the same thing about the pups they purchased and the remaining litter were all dead with the exception of one.\" The one that was alive was the one he planned on keeping. So after about a week of arguing with the guy and a talk with an attorney friend of the family, was all set for small claims court. All he wanted to talk about was, \"you paid for it, so that makes it yours and not my responsiblity\".

Well after all was said and done...I know have Missy, which was the only surviving pup. Yep he planned on keeping her, so he made sure she had all her shots.

Long story I know...SORRY. But the moral is...when you purchase something, you have a resonable expectation for that merchandise. Now there are some exceptions, like an animal auction.
OK OK I will shut up now silent


Last edited by pitmamma on Fri Oct 17, 2008 10:37 pm; edited 1 time in total
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suki
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PostSubject: Re: Legal Buyers Contract Questions   Fri Oct 17, 2008 10:36 pm

most contracts i've personally seen do not provide a monetary refund, which would personally halt me from purchasing a pup from that particular breeder. however, a pup from the same litter or of another is the typical offering.

there are puppy lemon laws. in each state: http://www.malteseonly.com/lemon.html

in general: http://www.consumeraffairs.com/pets/lemon_intro.html
^ in the 2nd paragraph in this one, it states that a refund IS given in the contracts these particular people have investigated. again, me personally, i would NOT purchase a pup from a breeder who claims/states that no refunds will be given if said pup should, for whatever reason, get sick or come to its demise. but that's just me.....
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pitmamma
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PostSubject: Re: Legal Buyers Contract Questions   Fri Oct 17, 2008 10:48 pm

Good sites...thanks Suki.
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apbtproud



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PostSubject: Re: Legal Buyers Contract Questions   Mon Oct 27, 2008 3:08 pm

Thanks for the links.. Wink
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Prison Blue Pit Bulls



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PostSubject: Re: Legal Buyers Contract Questions   Tue Oct 28, 2008 12:02 am

I don't know anythinga bout that stuff really. But I have seen a couple cases on Judge Judy and those shows where someone was awarded money over sick pups, vet bills, dead dogs, ect.
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sedaliapridekennels



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PostSubject: Re: Legal Buyers Contract Questions   Tue Oct 28, 2008 1:18 pm

i guess i can reply to this the best of my knowledge. As far as anything being against the law there is nothing in the contract against the law.

as far as your lemmon law. There really isn,t sutch a thing anymore with used merchandice. I am not sure how that affects animals. When buying cars its in a contract when you are buying the car weather the car is being sold as is with no warranty. It is then a cival matter weather someting goes rong. But if a carlot is consistantelly selling bad cars more than likeley there reputation is screwed but there is one more thing you can do for a car lot. You can alyes report scam artist from used carlots to the Attorney General and they will take care of it.. Only reason i know this is because i have worked for a carlot for the past several years.

i was concerned with a few things with the contract and i would never buy from that seller if i read that contract. Here is my main concern.


-Shots and deworming are the responsiblilty of the buyer. Any pup developing an illness related to lack of shots or deworming will not be replaced.

this is a big red flag for BYB.
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pitmamma
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PostSubject: Re: Legal Buyers Contract Questions   Thu Oct 30, 2008 11:46 am

Roger that is not always the case with used cars. If you have a warrenty, then they must honor it. If you are buying an animal, there is a resonable expectation that the animal is in good health.
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sedaliapridekennels



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PostSubject: Re: Legal Buyers Contract Questions   Thu Oct 30, 2008 1:15 pm

its not that they must honor it they dont actually have to. It becomes a cival matter and most people wont file a case against that. There is nothing that can force them other than going to cival court.
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sedaliapridekennels



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PostSubject: Re: Legal Buyers Contract Questions   Thu Oct 30, 2008 1:15 pm

as far as being responsable enough to make sure the animals are helthy yes that is true any kennel should honor that.
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pitmamma
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PostSubject: Re: Legal Buyers Contract Questions   Thu Oct 30, 2008 11:41 pm

If you are refering to car dealerships with the "they don't have to honor it' then that is sooo not true. If you have a warrenty then you have a warrenty......there is NOOOO civil matter involved.
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sedaliapridekennels



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PostSubject: Re: Legal Buyers Contract Questions   Fri Oct 31, 2008 1:04 am

if you have a warranty you have the choice to honor it it is not against the law to not honor it and becomes a cival matter

My best friend is the owner of one of the most repeutable car dealers in the world. They do honor their warrantys but he sais if he chooses not to there is nothing the goverment can do for prosicution because there is nothing protecting it.

Like i say this stuff can be reported to the attorney genrals but i have called them about this one and it is true there is nothign they can do on a warranty issue.

but if a carlot repossesses a car with out a 10 day written notice or a legal signed documented notrerised they cannot legually repo it and becomes a penelty for removal of dealer license.

there is alot of loopholes with warrantys i could post up tons of data on that issue. but this post is primarally for pets i just wanted to clarify the lemon law on automobiles
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pitmamma
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PostSubject: Re: Legal Buyers Contract Questions   Fri Oct 31, 2008 12:13 pm

Not going to get into a pissing match with you about anything as this was about dog contracts. But I am afraid you are completely misinformed.


Last edited by pitmamma on Sat Nov 01, 2008 1:15 pm; edited 1 time in total
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sedaliapridekennels



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PostSubject: Re: Legal Buyers Contract Questions   Sat Nov 01, 2008 3:44 am

i,m sorry i,m sorry i,m not. Like i say have been in this business for years and know the car business better than most.
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pitmamma
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PostSubject: Re: Legal Buyers Contract Questions   Sat Nov 01, 2008 1:16 pm

Very Happy
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lovemypits
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PostSubject: Re: Legal Buyers Contract Questions   Sun Nov 02, 2008 1:29 am

All I have to say is lmfaooooooooooooooooooooo

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MidnightSkyKnl
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PostSubject: Re: Legal Buyers Contract Questions   Sun Nov 02, 2008 2:04 am

lol! not touching this one

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lovemypits
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PostSubject: Re: Legal Buyers Contract Questions   Sun Nov 02, 2008 2:15 am

MidnightSkyKnl wrote:
lol! not touching this one

I think you and I are on the same lines of thought on this one!!

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pitmamma
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PostSubject: Re: Legal Buyers Contract Questions   Thu Nov 06, 2008 1:27 am

I must be lost...fill me in
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