Dog breeder not disclosing dental issues

screech_78

I’ll try to keep this as brief as possible. We purchased a puppy on 9th June 2021. I won’t say exactly how much we paid, however it was a small fortune as we had been looking for a while and when we came across one particular breeder, we had a good feeling. We met the puppies at 5 weeks old with their mum and all seemed great. Mum had all the relevant health test documents and we were happy to pay deposit and collected puppy 3 weeks later. The week prior to collecting him, the breeder texted to advise the puppies had been to her vets to be microchipped, given first vaccination and had a check by the vet. The vet detected a small hernia on our puppy. She played this down and I was a little concerned, however after speaking with my own vet over the phone, I was assured hernias were quite common in puppies and it can be fixed when he is neutered - the extra cost would be minimal. At this early stage, we hadn’t made any plans to neuter, however still decided to go ahead with bringing the puppy home as we’d become emotionally involved at this stage and if it was only the hernia, we could live with that. 

Fast forward to two weeks after we collected our puppy, we took him to our vet for his second vaccination. I was told at this point that he had displacement in two teeth and these would have to be removed sooner rather than later by general anaesthetic. I was so shocked at this, I didn’t ask too many questions at the time, however he was booked in for the operation 2 weeks later at 12 weeks old. Total cost £400. 

I had taken out pet insurance and was covered from the day we brought him home. The policy also included dental cover, however after making a claim, it has been declined as I had to give details of the vets he had visited previously when he was with the breeder. The insurance company received records from that vets which noted that displacement had been detected and would most likely require removal of the teeth. However the breeder never even mentioned this and I have the text from her saying about the hernia and nothing else. I’ve also been advised that it’s likely more dental work will be required on his adult teeth. 

I love our little guy and regardless, I will pay for the treatment as it’s my responsibility. However I’ve texted the breeder and tried to call to let her know about this and really, I believe she should be covering the costs involved. All texts have been ignored and calls unanswered. It makes me realise that all my good feelings about her were completely wrong. I suppose I’m wondering if I have a valid claim to pursue this further? I think I’m more angry than anything else and know she is planning on breeding again - something my vet has advised shouldn’t be done with her family dog again as this is genetic. 

tacpot12

If you have home insurance, check to see if you have legal expenses cover. If you do, call the legal helpline and ask them whether the breeder has a duty to disclose all health issues that they are aware of without you asking, or do you have to ask them and only if they lie do they commit a tort?

LippyDoodle

Poor little mite having to go through that so early on in his life. I'm so please he has you as an owner/guardian. 

Save all your sent text messages and any emails you have sent to the breeder. Record the date and time you called the breeder too. 

The silence from the breeders end speaks volumes. How did you find them? Are they on fb? If so look for any reviews. Did you sign any puppy contract? 

sheramber

If she had told you about t he possible tooth problems would you have still bought the puppy that you were emotionally invoved with? 

If she says she will not pay but will take the puppy back- which could be her option- would you agree to return him?

Unfortunately, as long as people are prepared to pay large amounts for puppies, unscrupulous breeders will continue.

Diamandis

The problem with buying animals is that you just have the same consumer rights as buying anything else and ultimately that boils down to returning the "goods" and getting your money back.

LippyDoodle

sheramber said:

If she had told you about t he possible tooth problems would you have still bought the puppy that you were emotionally invoved with? 

If she says she will not pay but will take the puppy back- which could be her option- would you agree to return him?

Unfortunately, as long as people are prepared to pay large amounts for puppies, unscrupulous breeders will continue.

Back in the 80's when Parvo hit the UK I brought a Lab and 4 days later he was struck down with Parvo and had to spend time at the vets on a drip and meds. Lucky for me I brought him from a reputable breeder and while my pup was at the vets she actually phoned to ask how he was because all but 1 pup out of 2 litters had caught Parvo. When I told her Bandit was also ill, without hesitation she said that she would pay for all the vet bills. Something any good breeder who cares about the pups would do and while I'm sure there are some heartless people who would be willing to swap a dog, thankfully the OP is not. 

sheramber

while I'm sure there are some heartly people who would be willing to swap a dog, thankfully the OP is not. 

Which is my point. there is little the OP can do if the breeder   offers to have the pup back. the breeder will know that.

There are reputable breeders and there are back yard 'breeders'  who are in it for the money, cashing in on the current market for puppies at ridiculous prices. 

They know all the right words to say to appear caring breeders.

LippyDoodle

sheramber said:

while I'm sure there are some heartly people who would be willing to swap a dog, thankfully the OP is not. 

Which is my point. there is little the OP can do if the breeder   offers to have the pup back. the breeder will know that.

There are reputable breeders and there are back yard 'breeders'  who are in it for the money, cashing in on the current market for puppies at ridiculous prices. 

They know all the right words to say to appear caring breeders.

Exactly! Where there is money to be made with animals you will always find some people who take advantage of both animal and human. 

Jenni_D

Diamandis said:

The problem with buying animals is that you just have the same consumer rights as buying anything else and ultimately that boils down to returning the "goods" and getting your money back.

Is the correct answer ... although I recall some talk earlier this year of changing the status of pets (like cats and dogs) from mere chattel. Did anything come of this?

ThumbRemote

Under the Consumer Rights Act, you have bought faulty goods, and your legal entitlement is to return them for a repair, replacement or refund (at the breeders choice). As others have said, this could mean returning the dog. The breeder may agree to negotiate a reduction in price but doesn't have to. 

There is another piece of legislation, the Consumer Protection from Unfair Trading Regulations which also applies. 
The breeder has also committed an offence under this. It states
"A commercial practice is a misleading omission if ... 
(a)the commercial practice omits material information,
(b)the commercial practice hides material information, ...
and as a result it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise."

(This assumes the breeder is acting as a business. The full legislation is at https://www.legislation.gov.uk/uksi/2008/1277/regulation/6/made )

Unfortunately the consumers remedies under this act, described in section 4A, are only valid for 90 days after taking delivery so have probably passed now. Its hard to tell when you collected the dog vs when you paid for it - you may just be in time. 

user1977

Jenni_D said:

Diamandis said:

The problem with buying animals is that you just have the same consumer rights as buying anything else and ultimately that boils down to returning the "goods" and getting your money back.

Is the correct answer ... although I recall some talk earlier this year of changing the status of pets (like cats and dogs) from mere chattel. Did anything come of this?

Laws don't change that quickly, especially when parliament is distracted by more urgent/absurd issues.