Texas Hunting Forum

Am I being Unreasonable?

Posted By: thewrap

Am I being Unreasonable? - 02/27/13 03:30 AM

So back in July I bought my Brittany from a member on here. (1911 Cowboy AKA Matt and Shelbee) I picked him up with his papers and brought him home. Didn't notice anything out of the ordinary. He did fall alot which I though was just him being a puppy. Had him at the vet for his vaccinations and she noticed that something wasn't right with the way he was walking. They took some XRays and said everything looked fine there and gave him a work up and couldn't find anything but recommended I see a neurologist. Took him to the specialist and they diagnosed him with either a degenerative or underdeveloped cerebellum which was causing him to fall, walk strangely and have a lack of balance. Unfortunately it isn't anything that's treatable and can get better or worse without warning. So immediately I make a call to Shelbee explaining what was happening and wanted to know if any of the other puppies were going through the same thing. She said no but come to find out that the mother went through something similar until the she was 6 months old. Believe me I wish this had gone away when he was 6 months. I kept updating Shelbee on his status as time went on. September rolled around and it was very clear he was not going to get any better. I called and talked with Shelbee saying that I wanted my money back. (I was amazed that it hadn't been offered back to me for the troubles I had gone through already). She didn't respond to that but said she would get back to me. Well about an hour later I got an email back from Matt saying that I wasn't going to get my money back because they weren't responsible for the dog and that there wasn't anything in the genetic line of the dogs that would indicate what I was saying and also they had seen all the other pups and that they all were doing fine. This is where I started getting mad.

First off I had explained from the day I knew that this was a birth defect that hadn't metastasized until after I had gotten him and that he wasn't going to recover from it.
Second I had asked that they come take a look at him and said where I was going to be every weekend for the next 4 months which was only half an hour from where we originally met.

I've tried numerous times to get in touch with them to no avail.

I'm at a loss. I feel like I have valid reasoning for getting my money back so am I crazy or being unreasonable.
Keep in mind that I bought this dog because I wanted a bird dog. And since his diagnosis it has become very obvious that he won't be able to be one.
Posted By: TexasBlazer72

Re: Am I being Unreasonable? - 02/27/13 03:41 AM

Any kind of health guarantee when you bought the pup? Very tough situation to be in but I would keep trying to work the situation with the breeder.
Posted By: thewrap

Re: Am I being Unreasonable? - 02/27/13 03:43 AM

Nope no guarantee which I think is BS because this was something that the dog was born with. I have confirmation of that from the specialist.
Posted By: MS1454

Re: Am I being Unreasonable? - 02/27/13 03:57 AM

How did you come to find out the mother had this issue?

No your not being unreasonable at all. They knew the mother had this issue and they had no business breeder her because of it. If there was not a health contract, your probably up a creek.

Tough situation no doubt, but seems all you can do is spread the word about their pups and how they handled the situation. The right thing would be for them to refund your money but doesn't look like that's gonna happen. Buyer beware.
Posted By: thewrap

Re: Am I being Unreasonable? - 02/27/13 03:59 AM

Originally Posted By: MS1454
How did you come to find out the mother had this issue?

Shelbee explained that to me when I had first broke the news to them.
Posted By: IronSpikeLabs

Re: Am I being Unreasonable? - 02/27/13 04:11 AM

Is this a "breeder" or someone who just happened to breed a couple of dogs? The difference is, the breeder approaches it as a business and does things like provide health guarantees and genetic defect warranties. A reputable one should also care about the long term consequences of not standing behind their dogs. If it wasn't a breeder and there was no guarantee or warranty, there may not be much you can do despite the heartache and medical expenses.
Posted By: BPence

Re: Am I being Unreasonable? - 02/27/13 04:12 AM

Sounds like a breeder to steer clear of. Do they have other breeds or just brittanys?
Posted By: thewrap

Re: Am I being Unreasonable? - 02/27/13 04:15 AM

Originally Posted By: IronSpikeLabs
Is this a "breeder" or someone who just happened to breed a couple of dogs? The difference is, the breeder approaches it as a business and does things like provide health guarantees and genetic defect warranties. A reputable one should also care about the long term consequences of not standing behind their dogs. If it wasn't a breeder and there was no guarantee or warranty, there may not be much you can do despite the heartache and medical expenses.

Not a breeder just a family who had an AKC registered litter. Last time I make that mistake. I am filing his papers now to the AKC to let them know what happened.
Posted By: Don Dial

Re: Am I being Unreasonable? - 02/27/13 11:21 AM

I didn't see what you paid for the animal, but if it was a lot then the health and genetics are assumed to be warranteed..Small
Claims Court. My wife raises Old Eng. Mastiffs she guarantees their health to 1 yr..and also will take them back if the indivual cannot take care of them any longer..Most reputable breeders do this..but she also gets $1K up for the pups..my male
was $2500 as a pup..and they cost about $6,000 a yr. to maintain
4 animals, w/out raising any pups..which usually are C section.
If all is as you stated, you should be able to get a judgement for the costs of the animal and vet care..Don
Posted By: stinkbelly

Re: Am I being Unreasonable? - 02/27/13 12:44 PM

This is why I own Deutsch Drahthaars. The breed organization guarantees that the dogs are sound. I don't have the time or knowledge to follow bloodlines and breeders to see who is a true breeder with the best interest of the breed in mind and who is just a person who thought it would be cool to have a litter and make some money.

If what you have said is true and they knew of the history of this disorder, then in my opinion they are fully responsible for those puppies. Now the big question comes up, are you willing to give that puppy back to them for a full refund? I have seen breeders that require the puppy back for a refund. I can understand, but it also feels a little dishonest since they know you are attached to the pup.

Basically, I don't think you are being unreasonable. They owe you something if what you said is true.

I would like to hear their side of the story.
Posted By: CCBIRDDOGMAN

Re: Am I being Unreasonable? - 02/27/13 02:14 PM

I've talked to you about this before via P.M. so you know how I feel, I can't understand why someone would breed a dog that they know had problems like that. I would stay after them, IMO, they owe you your money back on the pup.

I thought the last time I asked you about the pup, you said it was doing better? Good luck.
Posted By: bill oxner

Re: Am I being Unreasonable? - 02/27/13 02:24 PM

Sometimes the headache is not worth the refund. I feel sorry for the pup.
Posted By: thewrap

Re: Am I being Unreasonable? - 02/27/13 04:11 PM

Don I only paid $425 for the dog plus what it cost me to drive to Memphis, TX to get him. I've been told by a few people that small claims court would be an option but I kind of feel that without any guarantee I don't have enough for a certain judgement.

Stinkbelly I don't think I could ever voluntarily give the pup up, especially give him back to the people I got him from. If they handle this situation so poorly I couldn't imagine how they'd handle it if they had to live with the dog every day. He still means alot to me and I really want to do right by him. Even though he'll never have the chance to be a bird dog he's still my number 2 guy.

CC last time we spoke he was doing better. He's managed to get better at some things but worse at others. I think part of it is due to his energy level being so high. To try and keep me a little bit more mellow he gets walked twice a day which I think helps him most of the time.

Other than his physical disability he's just a typical mischievous puppy.
I'll see about getting some new videos posted of him.
Posted By: CCBIRDDOGMAN

Re: Am I being Unreasonable? - 02/27/13 04:45 PM

Poor little guy. After thinking about it a little more, I do think Bill is right, it won't be worth the headache. And I would bet that if you did win in small claims court, you would have to give up the pup & I wouldn't be willing to do that. I would feel the same way that you do though, taken advantage of.
Posted By: BenBob

Re: Am I being Unreasonable? - 02/27/13 05:37 PM

Propose to them that they give you back half of your money and you keep the pup. It is not a great deal of money either way, but they should not have bred the mother if they knew this was a possibility. I guess it is sort of like my FIL says, "If they can live with what they did, I sure can too." In the long run, their sales have already taken a hit and all over them not doing the right thing.
Posted By: stylesp

Re: Am I being Unreasonable? - 02/27/13 05:46 PM

Bad deal all around
Posted By: slow944

Re: Am I being Unreasonable? - 02/27/13 06:05 PM

Man I'd hate to have to give up Max. He's a great pup that I got from CC. But yeah, word of mouth is spreading on here and they'll probably not get any sales of future litters thru THF.
Posted By: BenBob

Re: Am I being Unreasonable? - 02/27/13 06:58 PM

thewrap, you showed what kind of person you are when you said you still wanted to keep the pup. As far as I am concerned, you are a top of the line person for just that reason.
Posted By: Dkhntr

Re: Am I being Unreasonable? - 03/01/13 05:29 PM

I have a dog that has problems like yours nome also will just uncontrollably start peeing with no control. This dog is a pain in the a-- but wife and i loves him to death. I feel for you. Your dog already has a spot In your heart. I do agree you dog should have had a guarantee another dog of mine is a britt and he cost 250 and had a guarantee on him so cost of dog does not matter.

If cut my losses make sure every one knew not to buy from that breeder and just love you pup and give them the best life possible.

Contact a britt rescue I'm sure you could get a healthy one to hunt with rather cheap.

Good luck with what ever route you take.
Posted By: Bigjoe8504

Re: Am I being Unreasonable? - 03/01/13 06:04 PM

You are nicer than I am. I would be all over them for my money back. If I were to keep the pup I would demand at least half back. Whether it was $20 or $2,000 you paid for a healthy pup. Same could be said if you found your pup to have parvo or another deadly disease. I wouldn't dream of breeding a dog with a known issue and then to not stand behind your pups is rediculous. Legally I don't know if there is any grounds unless you specifically asked at some point if the parents had any known issues. If you did ask then you have legal means as false information was blatently given. I'm sure you shook hands at some point in the transaction which in Texas is a binding contract. everything you agreed to on the issue is solid at that point.
Posted By: Mike Honcho

Re: Am I being Unreasonable? - 03/01/13 08:06 PM

I'd get after em man. I have labs and so far had good luck with buying em, but knowing that it had potential issues is like selling you a lemon car or a gun that has known to be problematic. Just ain't right.
Posted By: Rockhunter

Re: Am I being Unreasonable? - 03/02/13 12:45 AM

I'm really sorry to hear about this happening. Why is it so hard for people to stand behind their products. Although I doubt it, I hope they are not breeding the dog anymore. That's really cruel to keep producing pups that might have this disorder.
Posted By: IronSpikeLabs

Re: Am I being Unreasonable? - 03/02/13 01:27 AM

Originally Posted By: thewrap
Originally Posted By: IronSpikeLabs
Is this a "breeder" or someone who just happened to breed a couple of dogs? The difference is, the breeder approaches it as a business and does things like provide health guarantees and genetic defect warranties. A reputable one should also care about the long term consequences of not standing behind their dogs. If it wasn't a breeder and there was no guarantee or warranty, there may not be much you can do despite the heartache and medical expenses.

Not a breeder just a family who had an AKC registered litter. Last time I make that mistake. I am filing his papers now to the AKC to let them know what happened.


This is so sad. I guess anyone who would be unscrupulous enough to knowingly breed a dog that will produce pups like this would also be unscrupulous enough to turn a deaf ear to your concerns. Sadly, it sounds like to get anything done, you will have to strong arm them. So sorry.
Posted By: Aquaman

Re: Am I being Unreasonable? - 03/03/13 06:48 AM

Some times you can get in contact with AKC and they can hold up individual papers in the future.
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