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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice.
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I am a licensed dog breeder In December 2014 I sold a puppy

Customer Question

I am a licensed dog breeder
In December 2014 I sold a puppy (a blue male French bulldog) for �3000 pounds.
I never heard anything good or bad from the buyers until recently (October 2015).
At first they wanted a receipt to simply claim on their insurance as the puppy had died during an operation. I believe the insurance company are refusing to pay and now they are requesting a full refund from myself.
The puppy was collected at 8 weeks old from my premises and died at 10 months. They tell me they spent �4000 pounds on vet bills .
They did not give me an opportunity to replace or repair. Before the puppy left my premises he was very happy and healthy . I had given the puppy a vet check , I had also inoculated the puppy (1st jab) , I had wormed the puppy to
Considering the amount of time that has passed (10 months since the sale date) and the buyers lack of communication is it fair and right that I should give a full refund ?
I am a fair man I will follow the law ,, please
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Why did he die?

Customer: replied 1 year ago.
This is the copy of the clients email
'Request for refund'Hi Jon,This is Tony, Rhian’s partner.I’m sorry to bring this to you as I don’t believe you intentionally did any wrong doing. However we purposely chose you being a licensed breeder to ensure we would get a healthy puppy. And if any circumstances were to arise they could be settled fairly.I’m kindly requesting a refund for the puppy that we purchased in December 2014 for £3000. Signs of serious illness became apparent 4-5 weeks after purchase when he nearly died and was in intensive care overnight with breathing difficulties. He was being treated for lungworm at the time as they couldn’t find any other possible cause. Now after his recent run of bad health the possibility that the brachycephalic obstruction airway syndrome disease could have caused this (my understanding is aspirating onto the lungs and cause the infection)Since this time Winston was never in good health for a sustained period of time. Constantly being treated for throat infections etc. I believe it was around 5 infections with anti biotic courses from January until August.When Winston was referred to queen mother hospital (considered the best hospital in the country) for his breathing issues they concurred with our local VET regarding the seriousness of the BOAS disease. I’m aware you advised Rhian that you would never have recommended this surgery. However I’m sure you had no idea of the seriousness of Winston’s health issues caused by this disease. I’m sure you would agree that its not acceptable for a dog to be going on anti-biotics every 6 weeks.I’ve incurred substantial VET fees in the short 8 months that we had him. We literally had to visit the VET on bi weekly or monthly basis since owning him. Also the insurance currently are refusing to pay the vast majority of vet and hospital bills and we will be receiving no benefit for his death. With the purchase price I’ve spent in excess of £7000. I really hope you can sympathise with our situation.We cared for Winston deeply and did everything we could to look after him and keep him healthy. Ultimately we were unlucky from the beginning because he was not a healthy puppy.I believe we are due a refund from yourself because we paid for a healthy puppy and wether it be lungworm, a chronic condition of BOAS disease or a combination of the two - the vets advised lungworm would have been contracted before we took him into our care as we only had him around 4 weeks at the time. The responsibility lays with you as they manifested so early. Symptoms showing after just 4 weeks. He died just 10 months old considering he was given nothing but the best treatment.I would of liked to have sent this by post but I didn’t have your mailing address. If you require and medical records from the vet or hospital or if you wish to speak to anyone that treated him I’m more than happy to organise this.I look forward to hearing your response.Kind Regards
Tony Calamita - ***********
Expert:  Jo C. replied 1 year ago.

Are you asking if you are liable?

Customer: replied 1 year ago.
am I liable ?
Expert:  Jo C. replied 1 year ago.

You could be.

You are a commercial seller and so the Sale of Goods Act applies. That will demand that anything sold is 'fit for purpose'. Life stock can never really be wholly defect free of course but I'm afraid a court probably would expect a puppy to last longer than ten months in the normal course of events.

It depends what killed him. Any dog can contract things like lungworm or kennel cough but they are clearly alleging breed defects. Breed defects are covered by the SGA.

There is an argument that they could claim for vet's bills as well on the basis of consequential losses arising from the law of contract rather than the SGA but they won't do that. It is all far too complicated and people tend to give up.

I would make offers though. if they have to go to court they will have nothing to lose.

Sorry but I have to give you truthful information.

Can I clarify anything for you?


Expert:  Jo C. replied 1 year ago.