Dog purchased from private seller but died within a week - covered by SOGA?

thomasthecat · 25 November 2009 at 9:33PM

Thank you for all the helpful responses. I'll keep working on it.:j

pendulum · 25 November 2009 at 10:37PM

You will need to convince the court the seller was acting as a business, as otherwise the SOGA does not apply and the dog dying would simply be viewed as bad luck on the buyers part.

The fact the seller has a website might count for something, because not many people set up a website for a one off sale or very occasional selling. When was the website registered (Do a whois search on the domain name). Check the site on archive.org - maybe the text that was on the website in times gone by reveals something that could be used to show the website has been operating as a business.

thomasthecat · 26 November 2009 at 11:58AM

Thank you, I'll try that. The website just has photos of the puppies and is more of a fan site (very strange!!) than explicitly used to market the dogs. I undersntad it all rests on proving that it's a business but doesn't breeding your dog deliberately to have puppies that you do not intend to keep but to sell, constitute some sort of business element? The pups were advertised widely on the internet through a number of sites, targeting one area of the country with the price mentioned first in the advert before any information about the dogs. From my expereince, reputable breeders don't give a price in adverts and think that if buyers are committed enough to want one of their dogs then the price would not be the first thing people want to know.

Anyway thanks again.:T

BFG_2 · 26 November 2009 at 12:48PM

thomasthecat wrote: »

....doesn't breeding your dog deliberately to have puppies that you do not intend to keep but to sell, constitute some sort of business element? .

Not necessarily.

Mnay people have hobbies that they make money from, but as long as they are not doing it to make a profit they are not necessarily 'in business'.

Good luck.

System · 26 November 2009 at 12:51PM

Possibly a good indication that this wasn't a business is that the dogs were pedigree but not KC registered.

neilmcl · 26 November 2009 at 12:55PM

thomasthecat wrote: »

Thank you, I'll try that. The website just has photos of the puppies and is more of a fan site (very strange!!) than explicitly used to market the dogs. I undersntad it all rests on proving that it's a business but doesn't breeding your dog deliberately to have puppies that you do not intend to keep but to sell, constitute some sort of business element? The pups were advertised widely on the internet through a number of sites, targeting one area of the country with the price mentioned first in the advert before any information about the dogs. From my expereince, reputable breeders don't give a price in adverts and think that if buyers are committed enough to want one of their dogs then the price would not be the first thing people want to know.

Anyway thanks again.:T

Give us the link?

Fire_Fox · 26 November 2009 at 1:25PM

Takoda wrote: »

It certainly sounds like they did all the right things and should stand a very good chance of succeeding in small claims court. They need to get as much evidence as they can to support their case.

Did they buy on their first visit?

Did they ask to see the mother? All of the books tell you to do that because the size and temperament of the parents is a good indicator to the temp/size of the pup when it is mature. We saw our girl's Mum and her Dad was there too as the breeder owned the stud dog.

When I got my lab I went to see the litter (at Gundog breeder's premises) when they were 2 weeks old. I went back every Saturday to visit til I picked her up. Was lovely seeing them change and grow up.

Hard lesson to learn but I'm sure they'll be more alert and better informed when they get their next pup - assuming they can bear to repeat the experience.

Ignore the idiots posting jokes about it. Sometimes posts like this get better responses in the Pet section where the genuine animal lovers hang out. There are trolls there too but not as many.

You got some great advice on this thread though so pass it on to your friends and wish them good luck from me and my labrador.

The OP will be eaten alive on the Pets board, there is little sympathy for those who don't do their research/ don't insure their pets/ get a totally unsuitable pet on a whim. They don't even hold back if it's not actually the person who messed up posting! :rolleyes:

OP please suggest to your friend that they get their next dog from one of the many rescues that are overflowing at present. As much as anything as the dog will be guaranteed to be both neutered and vaccinated, and they will get as much support as they need.

Fire_Fox · 26 November 2009 at 1:27PM

thomasthecat wrote: »

Thank you, I'll try that. The website just has photos of the puppies and is more of a fan site (very strange!!) than explicitly used to market the dogs. I undersntad it all rests on proving that it's a business but doesn't breeding your dog deliberately to have puppies that you do not intend to keep but to sell, constitute some sort of business element? The pups were advertised widely on the internet through a number of sites, targeting one area of the country with the price mentioned first in the advert before any information about the dogs. From my expereince, reputable breeders don't give a price in adverts and think that if buyers are committed enough to want one of their dogs then the price would not be the first thing people want to know.

Anyway thanks again.:T

Don't tell me, your friends paid in cash? Betcha the 'breeder' is not registered to pay income tax either .... if they are also on benefits might be viewed as fraud ...

ses6jwg · 26 November 2009 at 1:36PM

Why not post some links up to the breeders site/ adverts?

My day job touches on cases like this so I may be able to help further.

BFG_2 · 26 November 2009 at 3:31PM

You can't claim under the Sale Of Goods Act [SOGA], but you can definitely claim under the Financial Insurance Debit Option scheme.

Google for it.

Dog purchased from private seller but died within a week - covered by SOGA?

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