Puppy Not as Advertised

[Deleted User]

Looking for some advice.

Purchased a puppy from a breeder - before I collected the puppy from them I asked if the vet's health check had picked anything up. I received an email back from the breeder to say that the health check was all clear and no issues had been picked up by the vet. On picking up my new puppy and returning home, her eyes started to weep. I immediately contacted the breeder to understand whether there were any issues with her eyes when she was in her care. The breeder emailed back to say no issues with her eyes and probably just my perfume in the car journey home. I asked again whether the vet picked up any issues and again the breeder responded to say health check was 100% clear.

To cut a long story short - I pushed and pushed the breeder to provide me with a copy of the initial vet's health check. After a number of emails the breeder reluctantly sent the vet's health check. On the vet's health check it clearly stated a condition with my puppies eyes was observed. I also took the puppy for a second opinion, where the vet also confirmed there were long term issues with my puppies eyes and might require corrective surgery. 

Where do I stand regards a refund? Do I have to give the puppy back if we want a refund? I clearly don't want to give the puppy back, as the family and puppy have all bonded and would not be best for her welfare. I just feel like I've been fraudulently mis-sold a puppy, which could have been worse if I'd not picked up the issues as soon as we did. 

Aylesbury_Duck

What solution do you want?  You're not entitled to a refund and to keep the puppy, so you will have to make a choice if the breeder offers a full refund.  If the breeder does offer a full refund and you refuse, you're a bit stuck.

sheramber

The time to insist on the vet report was before you took the puppy. 

Yes, if you want a refund from the breeder   you would need to return the puppy , unless the breeder agreed to you keeping it. Unlikely, because they could sell it to somebody else.

They  also know once you have taken the puppy you will not want to return it.

How did you find this ;breeder'? Not on the internet I hope.

If this is a breed that is prone to eye conditions  what checks did you ask about and what evidence did you see?

Jenni_D

You can of course try to agree a partial refund - this is an acceptable remedy under the Consumer Rights Act 2015. (I think pets like cats and dogs are still classified as "goods", despite the obvious emotional attachments people will make).

What's the breed of dog?

pinkshoes

How much was the puppy and how much is the ongoing treatment potentially going to cost?

This is a tricky one. The crux here is that the breeder has lied. You asked about the health report and they lied in writing and said all clear. You asked again especially about the eyes and they said all fine. This to me sounds like the breeder knew about this but also know if the dog was with you long enough you wouldn't want to return it.

This is almost like a case of malpractice and/or negligence rather than consumer rights. Whether you can try claiming all ongoing costs due to their deliberate deception is unlikely but it could be a starting point for negotiation! (Which might lead to a full refund as well as keeping he dog)

Brie

The breeder owes you - if not for corrective surgery then perhaps for equivalent to increased insurance premiums for the expected life span of the breed.

I get your situation completely.  We got a Dalmatian when I was young and we all of course fell in love with the silly thing.  Like good owners my parents insisted on taking it for obedience training but found it incredibly difficult.  After about the 3rd lesson the trainer asked about the dog's hearing.  And like so many of it's breed she was completely deaf.  The breeder offered to swap for a puppy from the next litter available but it was obvious that our beloved Loddie would be destroyed as unwanted.  So we kept her for the next 14 years.  She got along great with my grandmother who was also deaf!

Sandtree

Jenni_D said:

You can of course try to agree a partial refund - this is an acceptable remedy under the Consumer Rights Act 2015. (I think pets like cats and dogs are still classified as "goods", despite the obvious emotional attachments people will make).

What's the breed of dog?

Chattel is the normal term used from my experience (namely from pets injured in car crashes etc) but its not a million miles from "goods".

Any two people of adult age (including non-natural persons - ie companies) can agree whatever they want. Statutory rights, such as the CRA, is about what you can legally force someone to do.  Given the issue was raised within 30 days of ownership the statutory right is to reject the puppy and receive a full refund. If you can get the dealer to agree a partial refund and for you to keep the dog then thats fine if you're both happy with the arrangement.

Jenni_D

I was going to use "chattel" but not everyone has heard the term, so "goods" is a reasonable alternative.  

the_lunatic_is_in_my_head

Sandtree said:

Jenni_D said:

You can of course try to agree a partial refund - this is an acceptable remedy under the Consumer Rights Act 2015. (I think pets like cats and dogs are still classified as "goods", despite the obvious emotional attachments people will make).

What's the breed of dog?

Chattel is the normal term used from my experience (namely from pets injured in car crashes etc) but its not a million miles from "goods".

Any two people of adult age (including non-natural persons - ie companies) can agree whatever they want. Statutory rights, such as the CRA, is about what you can legally force someone to do.  Given the issue was raised within 30 days of ownership the statutory right is to reject the puppy and receive a full refund. If you can get the dealer to agree a partial refund and for you to keep the dog then thats fine if you're both happy with the arrangement.

The statutory right is also to require the trader to repair or replace the goods, as far as I’m aware there isn’t an obligation to exercise the short term right to reject.

If the breeder refuses to ‘repair’ by paying for any surgery (or it is impossible and as a replacement would cause significant inconvenience) OP isn’t only faced with the option of a refund.

Where the trader can not repair or replace the goods the consumer is entitled to the final right to reject or a price reduction. 

The refund amount can be anything up to the price paid.

Sandtree

Yes, in first 30 days you can demand a full refund or leave it to the merchant to decide over repair, replace or refund. Was more ment to highlight you cannot force a partial refund and keep the goods or a repair 

Jenni_D

Given that a partial refund is a remedy clearly specified in the CRA 2015 then it (with the consumer keeping the goods/chattel) can be an outcome. Of course it can't be forced on a seller, but it is a legally-acceptable remedy.