Need advice about a breeder?

A week ago we had purchased a puppy from a breeder for a lot of money. This pup was AKC had papers and what not. We never signed a contract because it was raining however she mailed me the contract and I can still sign it. The pup died within a week. 

Won't go into detail, but there was nothing we could do and it was not our fault (too small to pull through the disease). 

Well, she will not give us our money back but insists we take another puppy. She has none right now, except two that aren't the same breed. 

The original pup we got was expensive for a reason, he was beautiful. The puppies she is showing me are not. We want to adopt but then that means we just threw away a ton of money. 

I don't want to support her and I don't want a dog from her. What can I say to her? 

I don't want the law involved because we've been civil up until this point. Thanks.

Answer

Crimson:

Never heard of rain preventing the signing of a contract. That being said, you have no contract in place. Depending upon the laws where you live, the breeder may not be required to do anything. 

 

Why anyone would spend a large sum of money on a dog without some kind of written agreement is beyond me!!! 

 

A breeder is not God and cannot guarantee that something will not happen to a puppy. If the breeder is willing to give you a puppy from the next breeding you should get on the list for one. That is likely the best you are going to get v

 

Sara:

How did rain keep you from signing a contract? 

I can almost guarantee that you got a pup from a BYB. A good breeder would never let someone take a puppy without having a signed contract. 

 

Most actually require a signed contract when a deposit is put down, usually before the pups are even born. That combined with the fact that she has different breeds makes me think that this wasn't a reputable breeder. 

Since you didn't sign the contract, you'll have to look into what lemon laws apply in your area.

Hera:

You did not sign a contract so she is not legally required to hold up to anything in the contract including a refund (if that was part of the contract). She is offering another puppy which is isn't obligated to do since again you did not sign a contract to begin with. 

 

They only thing you could possibly do to get your money back if she is refusing is to take her to small claims court. And even then the court costs could be more than what you paid for the puppy.

The fact that she is breeding more than one breed of dog screams backyard breeder. Plus the fact that the pup was sick and died within a week after being sold. Being AKC registered does not make a breeder responsible. 

 

She knows that you did not sign the contract and she knows that she is not going to give you your money back.

Katie:
This is a legal issue, not a dog issue, and it is a CONTRACT matter - and there is NO signed contract from what I reading.

Without a contract she can just walk away and reimburse you NOTHING. That's the law. It's sale "as is" unless your contract states otherwise (and, again, there is no contract).

The breeder is being "generous" by offering you another puppy. By the way, dogs are not expensive because they are beautiful. They are expensive because they are AKC, the parents are award winning, something else. If this woman has OTHER puppies, OTHER breeds I don't know how responsible she is.

By law dogs are PROPERTY.

You can bring "the law" into this, take her to Small Claims Court, but without a contract this is the same as if you bought a car and it stopped running. Verbal "guarantees and warranties" are useless.

Why couldn't you sign because it was raining? The dogs were outdoors? There were no buildings? Something else?

Megan:
Never get a dog from a breeder. many are un reliable and have bred there dog time over time. this may be a case there she has used one of the mothers male puppies when it got older and so incest. this leads to aot of diseases in dogs which can explain the early death. 

I recommend trying to speak to the woman for refund or even going to a small claims court. but if you want a dog go to a rescue.. I say this because if you try to get a pup from a pet shop this dog may also be a dog on incest of puppy mill and so may also die early

Carson:
Maybe ask her to show proof of that money donated to an animal rescue. Maybe she'll agree to be helping other dogs. It's a long shot. And adopt from a shelter or rescue. A dog doesn't have to be purebred to be perfect and I've seen tons of unique beautiful puppies with rescues.

Nekkid:
what does the contract/guarantee state? Also, what state is the breeder in.. you could look up puppy lemon laws for that state. Not all states have such laws. 

You are at least entitled to a puppy of equal value... I certainly would not accept one of the lesser value breeds. 

You will have to see what the lemon laws entitle you to first.. if the law states that you are entitled to a refund, then hold her to it, or take her to small claims.

If the law does not entitle you to a refund, or there is no law, then you need to go by what the contract states.

If the contract doesnt state anything regarding what you are entitled to in the event of a death of the puppy, then persue it in small claims.