Buyer wants refund and to keep sick puppy

nixxx_2

Hi all,

Looking for a little advice. I sold my 8 month old much loved puppy due to health concern I developed which meant she wasn't getting the care she deserved.

Screened a lot of people and finally picked a family who drove over 200 miles to get the pup. Pup had a heart murmur detected at her first vaccination but vet monitored it and by second vaccination they said it was not a concern as she was thriving and doing well. Five months later she was a lively happy puppy when I sold her. I told the buyers all about the heart murmur, they said fine.


Two days after they brought her home they contacted me and said they had visited the vet and she has a serious heart murmur. they left her with the vet for an emergency EKG. I organized for all her vet notes from here to go to the new vets.


Basically the new owner has demanded a full refund but will not return the pup. I have told her to return the dog for a full refund but she said no. I have said I will part refund once I speak directly to the vet and the vet confirms the puppy is ill. Buyer also said no to this. She has now started a small claims court claim against me. She's saying she can claim for her vet bills plus the original selling price. Vet bills (according to her) are already well over the original selling price.


I absolutely cannot afford to pay anything over what the original cost was. To be honest I just want my dog back now. Where do I stand?

Morglin

Well, I certainly wouldn't be parting with any money until the vet had confirmed what is wrong, how serious it is, and how much it has cost. Ask for copies if all the vet bills.

Wasn't the pup insured for vets costs?

I don't think you have any rights over the pup, to have it back - you sold it, they paid for it, and now they own it.

But, you could inform them that you require full verification of all this. If they take you to court, presumably your vet would back up what he told you - that it wasn't serious?

Obviously, you could defend the claim, on this basis.

If you have house insurance, many policies include free legal advice, so you might be covered, or you could pay for a fixed fee interview, with a solicitor to find out what the law says.

Lin

marliepanda

She has no case if you were honest and provided all of the original details. Conditions can get worse at any time. It is her puppy now.

browneyedbazzi

This sounds very much like the person who bought the puppy is trying to con you - otherwise why wouldn't she be happy for you to speak to the current vet?

If you weren't acting as a trader when you sold the dog (which from your post you weren't and it was a private sale) then the buyer doesn't have consumer rights and you don't have the same responsibilities that a trader would have. I don't think you owe her anything.

Morglin

Usually, the original breeder would have a full health check done, have the first jabs done, and insure a puppy before the first sale.

Wasn't this done before you purchased the puppy?

There have been cases where a private seller has been held liable for animal problems, but this all sounds a bit of a con.

Of course, there is nothing to stop anybody taking someone to a small claims court, but they would need to prove their case.

Lin

Principia_2

Morglin wrote: »

Well, I certainly wouldn't be parting with any money until the vet had confirmed what is wrong, how serious it is, and how much it has cost. Ask for copies if all the vet bills.

Wasn't the pup insured for vets costs?

I don't think you have any rights over the pup, to have it back - you sold it, they paid for it, and now they own it.

But, you could inform them that you require full verification of all this. If they take you to court, presumably your vet would back up what he told you - that it wasn't serious?

Obviously, you could defend the claim, on this basis.

If you have house insurance, many policies include free legal advice, so you might be covered, or you could pay for a fixed fee interview, with a solicitor to find out what the law says.

Lin

Aren't they saying it's a defective product though and thus they want a refund? If you want a refund then it's up to the seller if they want their goods back - otherwise anyone could just say they had a defective product and keep the product plus refund. Of course the situation here is different if the OP is a private seller.


OP have you actually received anything from the small claims court or has she just threatened you?

bod1467

It sounds like OP is/was a private seller. Therefore, caveat emptor.

The buyer's court claim will almost certainly fail ... it seems OP was open and honest about the pup at point of sale.

(Of course, we only have one side of the story here).

nixxx_2

She has just threatened small claims. My head is spinning a little as I had said I would consider refunding and letting her keep the dog once I'd spoken to the vet and confirmed the illness, but she believes she's entitled to her vet fees as well, which includes an elective EKG to find out what could be causing the heart murmur, as the puppy is completely symptom free. if she had contacted me prior to agreeing to this EKG I would have told her not to have any treatment there but to return the dog and I would refund her money. My local vet is far cheaper than the expensive vets she has used, and tbh this is a much loved family pet that I would much rather nurse through this myself. I know that's beside the point. We bought the puppy originally from a private seller as well, so when the heart murmur was first detected we had no contract or guarantee like you get with a breeder so we couldn't really do anything but the vet said it was nothing to worry about once the dog was thriving and asymptomatic.

Valli

If it were me I would stand my ground and wait for the claim.

In the meantime, however, I would be collecting evidence from my vet though and drafting out a timeline of what was said, to whom, and when.

If she wants a refund she should be returning the dog. The fact that she isn't, and moreover that she won't disclose the name of her vet speaks volumes.

bod1467

It's all bluff and bluster. Tell her you're prepared to refund her the purchase price upon return of the puppy - take it or leave it.

If she believes she has a claim then you'll see her in court - after you have first received her Letter Before Action that is compliant with the Practice Direction on Pre-Action Conduct.

arcon5

Simple defence..

On x date I sold puppy to claimant. The puppy was described as having a heart murmur as previously advised and monitored by an independent specialist. I reject their claim for a refund and vet bills.

If it gets to hearing show the judge the vets paperwork and explain it was advertised to the best of your ability and you haven't misrepresented the puppy in any way.

Doubt the buyer will win