XP: WWYD - take the money or go to court?

[chloesilverado]

Some of you may remember me from this post:

pandce.proboards.com/thread/365297/update-advice-hairpats-new-puppy

I spoke with the breeder. She agreed to mail me a check for 2/3 the purchase price amount. The day after she was supposed to mail the check she emails me and says she did not mail it. Goes on a rant against me. Says she wants to see medical bills, vet statement, etc. Says the disease is not covered under her health guarantee (it clearly is) and that even if I returned the puppy, she would not issue me a new one, said that I'm contractually obligated to provide medical care and that she could easily find someone to take the dog, etc. She says when she agreed to the 2/3 amount that I grossly overestimated the costs of care and she didn't have enough info to make the offer, etc.

I sent her all my vet bills to date and got a letter from my vet stating it is a genetic inheritable disease. She comes back with that she'll give me 1/2 purchase price since she said I grossly overestimated the cost of care (I quoted $100-$200 per month which I have bills for. However, I have pet insurance so after my deductible they will cover 80% so my out of pocket expenses will probably be less than that. I did not know this when I quoted her the $100-$200 - I was not sure what would be covered but did tell her I have insurance). I told her that is not what we agreed to and I would take her to court if necessary to get what she agreed to.

Today she emails me and says she will give me the 2/3 purchase price cost if I sign a confidentiality agreement. It's basically a gag order saying I cannot talk of this to anyone or sue her for future damages. I found out through her website that she has already re-bred the mother. Since it's an inherited disease there is a good chance new puppies will have it too and their owners will be left to pay.

Part of me wants to go to court to get what she agreed to and not sign this gag order but part of me wants it to be over as well. WWYD? Take the money or stand up in court out of principal and worry another unsuspecting owner will have to deal with this?

Read more: pandce.proboards.com/thread/378538/wwyd-money-court#ixzz3G4mGph2K

[jm1982]

She sounds like a really shitty breeder. How much money are we talking? If I could do without the money, I'd want to blast her from the rooftops. To knowingly breed pups who are likely to suffer greatly in their lifetimes is just wretched.

[chloesilverado]

Oct 13, 2014 20:02:53 GMT -5 jm1982 said:

She sounds like a really shitty breeder. How much money are we talking? If I could do without the money, I'd want to blast her from the rooftops. To knowingly breed pups who are likely to suffer greatly in their lifetimes is just wretched.

I would be ok without the money. French bulldog puppies can run anywhere from $2500-$4000 and up.

[msmerymac]

So it's either 1/2 the money, free and clear, or 2/3 of the money and a gag order? Or is she saying it's the gag order or nothing?

How is your puppy doing? He's super cute! I've had pets with chronic illnesses before, and it's manageable - it just becomes a part of your life. I wouldn't choose it, but it's worth it to just do the best you can with his care.

[chloesilverado]

Oct 13, 2014 20:52:54 GMT -5 msmerymac said:

So it's either 1/2 the money, free and clear, or 2/3 of the money and a gag order? Or is she saying it's the gag order or nothing?

How is your puppy doing? He's super cute! I've had pets with chronic illnesses before, and it's manageable - it just becomes a part of your life. I wouldn't choose it, but it's worth it to just do the best you can with his care.

I'm not exactly sure where we are now. I told her it was 2/3 like she agreed to or I'd take her to court (she started with $1500). She came back with 2/3 and the gag order.

[msmerymac]

Oct 13, 2014 21:26:56 GMT -5 chloesilverado said:

Oct 13, 2014 20:52:54 GMT -5 msmerymac said:

So it's either 1/2 the money, free and clear, or 2/3 of the money and a gag order? Or is she saying it's the gag order or nothing?

How is your puppy doing? He's super cute! I've had pets with chronic illnesses before, and it's manageable - it just becomes a part of your life. I wouldn't choose it, but it's worth it to just do the best you can with his care.

I'm not exactly sure where we are now. I told her it was 2/3 like she agreed to or I'd take her to court (she started with $1500). She came back with 2/3 and the gag order.

I've been thinking about this overnight. Personally, I wouldn't sign the gag order. Continuing to allow her to breed with the same stock that carries Addisons disease... it's morally reprehensible. (On her part, of course.) I'd tell her that I wouldn't be signing a gag order, but she needs to make it right, or else you're contacting your lawyer. 

Also, I'd start researching small claims court. See what the maximum cap on claims in your county is. If it's a few thousand dollars, that might be worth it. The filing fee is not very much. With your contract, your emails, voicemails (save those!) and screenshots of the site where she is already advertising that she's breeding another litter, I wouldn't be surprised if the judge awarded you the full price. 

I'm also so glad your pet insurance will be covering some medical costs!

[Deleted]

M

[buddysmom]

Assume she breeds her dog once per year, and that each litter has a minimum of three sell-able puppies. Multiply that by a very conservative estimate of 6 years breeding. That is what she is gaining by you agreeing to a gag order.

Other owners will likely go through the same heartache as you are experiencing, many without the financial means or desire to treat their dogs - thus having to put them down.

I say screw the gag order, she is a terrible breeder and is counting on paying off people in order to keep up her shady practices. Don't sign anything! You can be very factual and non-slanderous while reporting her in every place you can possibly find. And still work on regaining your financial loss in court.

The right thing is the right thing...period.

[darkling_glory]

I volunteer for a breed specific Frenchie rescue. Do you want to PM me the breeder? I can ask around and maybe get you some info/advice.