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

OlliesDad

If it was a breeder, then SOGA Applies. If it was genuinely private sale, it is not covered.

thomasthecat

I can't find much evidence (despite trying very hard) that this is a professional breeder. She does have a website and has given my friends a word-processed receipt and advice sheet, but it would appear that this is her only litter this year.

So they just have to lose all their money? It seems so unfair. They were just naive.

Other than contacting the RSPCA (which they've done) and the breeder's council, is there nothing else that can be done?

ses6jwg

google the phone number

ses6jwg

By Chris Fairfax, Legal Director of independent UK Pet Insurance providers, Animal Friends Insurance.
If you buy a fridge or a car for example, from a shop or a dealer, you have certain rights. One set of rights are those set out in any written contract you receive. But there’s another set under the Sale of Goods Act 1979. The two major rights are that the goods you buy must be of ‘satisfactory quality’ and they must be ‘fit for the purpose’. (Section 14). They are rights that a dealer cannot contract out of — so remember that next time a dealer tries to tell you a fault falls outside a contractual warranty! Since cats are regarded by the law as property, they fall within the Sale of Goods legislation too.

This only protects a buyer who has bought goods from someone who was acting ‘in the course of business’. It does not apply where you buy a car from a private individual or a kitten from Auntie Maud. In those cases the good old caveat emptor rule applies (‘let the buyer beware’). But where you buy a kitten from someone who the law says is acting ‘in the course of business", ie a breeder, the 1979 Act comes into play.
I am sure there are many instances though where someone breeds and sells kittens or puppies but does not for a minute think they are acting in the course of business. And yet if a dispute over a pet sale went to court, the law would decide the issue. A judge would look at all the circumstances, including the frequency of sales, what advertising was undertaken, whether accounts were kept, how much was made, how much was spent and so on. He may then decide that the breeder was acting ‘in the course of business’, giving the buyer Sale of Goods Act remedies – and probably giving the breeder an uncomfortable time with the Inland Revenue too!

If you buy a kitten from someone who is not a ‘regular’ breeder, and it subsequently suffers from a disease or, worse, dies from a problem which can be traced back to the them, then you have no comeback under the 1979 Act. However, the seller cannot actively misrepresent the fact that a kitten is fit and well if they know, or ought to have known, otherwise. If you go to a breeder who is, knowingly or otherwise, acting ‘in the course of business’ and your kitten experiences the problems mentioned above then, under section 14 of the 1979 Act, you could recover the cost of the kitten and/or any other losses you and the breeder could have reasonably expected (vets fees, travel costs etc). If the kitten had been bought for showing or breeding, then other losses may come into play, but only if it could be said the breeder knew (or ought to have known) this purpose at the time of sale.
For peace of mind it would be wise to set up a private written contract between yourself and the breeder. A contract can be verbal, but the problem with this is proof. If a dispute occurs it becomes a "who said what to whom" argument which could be a complete nightmare! A written contract would describe the kitten, the price agreed and any special conditions agreed between the parties. The contract could also include warranties (for example pedigree lineage, freedom from hereditary defect or major illnesses).
Taking action
If there is a problem, discuss the issue with the breeder and point out the legal problems. Hopefully common sense will prevail. If not, then the buyer does not have to go to a solicitor. Where a claim falls under £5,000 it goes to small claims arbitration. This does not allow the parties to recover their legal costs so any money a buyer spends on a solicitor would be lost. The court gives guidance as to the procedures and the Citizens Advice Bureau could also help in getting a case prepared. Hopefully, the chances of having to start quoting chapter and verse to a breeder are remote, but knowledge of how the legal land lies can never do any harm. It may, at the very least, give you some useful pointers to bear in mind if you are about to buy a wonderful little ball of fluff, so you minimize the risk of heartache and hassle after the deed is done.

May be of help.

Basically, if they can prove they were acting in the course of business then you have recourse.

BFG_2

ses6jwg wrote: »

google the phone number

Second that.

Also try a google on the post code.

ses6jwg

Part of my day job involves monitoring online advertisements for companion animals.

You would not believe the breeding activities of some people.

Its astonishing.

BFG_2

ses6jwg wrote: »

You would not believe the breeding activities of some people.
.

That's the problem...we let them [people] breed amongst themselves!!!!

thomasthecat

Thank you. I have Googled the phone number, name, email address, postal address, everything but nothing untoward comes up.

I still can't find any evidence that there was more than one litter of four pups.

Feeling pretty despondent.

pinkshoes

There was a case on the ebay board about a caravan being sold privately, and the buyer took the seller to the small claims court stating it was not as described, and won.

I don't think it needs to be about SOGA to take them to the small claims court. If they describe themselves as a "breeder" and sell pedigree puppies, then that makes them a business doesn't it? (As opposed to someone selling some puppies as their dog accidentally got pregnant...)

BFG_2

Private seller still has to be truthful - eg if they were asked 'has this car you are selling every been in a serious crash', and they answer 'No', and you find out 2 weeks later that is was an insurance accident write-off and they knew that, then you've got a case.

However based on what the OP is saying, this isn't the case here [albeit a dog cf a car, lol]? The seller didn't give any guarantees or warranties wrt the puppy and the OP didn't seek any...so pretty much game over, caveat emptor and all that.

So the lesson is "Ask specific detailed questions and seek specific guarantees/warranties [written down and signed]"