Would you sue and do you think you can win?

A neighbor and friend of mine purchased an unspayed female pomm, they had her for about 1 1/2 months and started noticing the dog was getting fatter and fatter( they are not the brightest people but nice) She came in my grooming shop one morning and ask me if the dog was pregnant I was like OMG yes she is and she is due in about a week with about 4-6 pups and that she is really gonna need good food and alot of care she was upset of course who wouldn't be. I asked her did the old owner tell or say anything that she may be pregnant when you got her? She said no or else I would have left her there. I then asked if the female was up to date on her shots she was like I don't know, she tried for days to reach the old owners of course knowing that the dog was pregnant they would not answer the door or call her back. so of course within a week she had 5 pups all was well, they figured from that day on they could handle the pups( I am a breeder of chinese cresteds so i helped with the delivery) well 3 weeks go by and mother and pups are doing great and all of a sudden the husband comes running into the shop saying there was something wrong with the mother, I went over and she was not able to stand or walk she was crying and it looked like she was haveing a seizure, so they had to take her to a vet she had a calcium defincancy and was at the vets all day the bill came to $185 or so.

Well they then stayed at the old owners house till somoeone came out and finally got to speak with the husband he was like oh I am sorry she was always getting out of the kennel and sure we will help pay the bills, so they brought their recepts and again nothing, (suprise surprise) meanwhile the mother drys up and wants nothing to do with the pups, so they where going to take them to the pound( our shelter sucks, they are very difficult to adopt from people have been known to adopt children and get turned down for pets there so they have tons of pets there that live there their whole life cause the person running it thinks they are her own personal pets) So because I didn't breed this year and I knew I could find homes for the pups I took them in so of course now I am out $$$ for feeding, cleaning, puppy pads, shots and of course the time I have to spend at home, to take care of the pups and get them well socialized. Well the neighbors since then went back to the old owners he told them to take him to court, that he would win cause she was a purchase as is, she was like it was a dog not a car. I believe they should sue and can win cause it was an unepected exspense and they where never warned of the possibility. I know that for a fact just the way she asked me if the dog was pregnant, she was in total shock. So I talked them into sueing I think we can win do you?? I would like some feed back and please if you have had experience with this please let me know the outcome!





By the way all the pups where sold in one day and will be all together in the same home and are waiting to go to their new home in a few weeks!!!!Would you sue and do you think you can win?
You have no case.



They bought the dog as is with no warranty as to health etc.



Stop being sue happy, and greedy, and do not waste the courts time with this.



PS. No one who cares about dogs would sell five puppies to one home. No doubt you have sold to a pet store or broker.

My heart breaks for these poor babies.
the person she got the dog from will just say they didn't know she was pregnant...it'd be more money down the hole if your friend suesWould you sue and do you think you can win?
if sold as is there out the money and have no case its just a civil matter and they would lose any way.
I find this to be all rather strange and I doubt they would have a leg to stand on in court. To pursue this will incur legal costs and these people will be further out of pocket.



They did buy the dog as is. At that early stage of her pregnancy, unless a mating was witnessed then who would know she was pregnant? They knew the bit*ch had not been spayed and took the risk.



If a puppy buyer wants the best they can buy then they buy from an ethical registered breeder. Not from an add in the paper or by any other means such as internet lists. With an ethical breeder you get a guarantee. Any other method of purchasing a dog is a crap shoot and you take your chances.



Firstly the dam was lacking calcium and any breeder of worth knows that a whelping/lactating bitc*h needs calcium and extra nutrition. That this wasn't attended to is in no way the fault of the original owners. Did the new owners even bother to take this bit*ch to the vet prior to the whelping? From your description, apparently not...until she came down with the calcium deficiency...which was fairly predictable. Did they have the dam and litter checked by a vet after the whelping....again apparently not.



Now the pups have been sold. Who got the sale money, you or the present owners of the dam and litter???



Also who in their right mind would sell an entire litter to the same home. Puppy brokers buy entire litters. I seriously doubt these pups will be all happy and cosily living together in the buyers home. They will be on sold.



Loving families who are looking for a puppy do not buy entire litters. You've sold this litter to undesirables. These puppy brokers are in it for money, they export to other countries (some where you wouldn't want a puppy to go) when there is money in it for them. The welfare of the puppies is not even at the bottom of their list of priorities. It's off the list.



Legal action would fail. The way this was handled from the time the bitc*h was found to be pregnant up to the sale of the puppies leaves a lot to be desired and the future welfare of the puppies is questionable to say the least.



It's clear you were doing your best to help the puppies but to advise legal action would be a financial disaster and they would lose.Would you sue and do you think you can win?
the dog was purchased "as is" with no guarantee or warranty.



While it was unethical of the previous owners not to inform her of the possability of a pregnancy.. had your friend been responsible, the dog would have been spayed ASAP shortly after she got her anyways.



You can try to sue, but I dont think you have a case.
I didn't read the whole thing. But basically you just want to sue because YOU CHOSE to take the dogs in AND THEREFORE PAYING FOR THE EXPENSES?

You would surely loose. UNLESS there is paperwork promising the dog would not be sold pregnant. And..the person could come back saying that the dog got preganent at their house.

So basically. No you will loose.
She had the dog for 1 and 1/2 months and never took it to the vet??? Looks like a very irresponsible owner to me. I doubt they would win anything as they should have had the dog to the vet within 24 hours for a health check after getting her and to schedule a spay.
I think your neighbor should sue you. You represented yourself as a friend and a knowledgeable breeder, and had you advised these novices better, the ****** would never have gotten eclampsia in the first place and never required the trip to the vet and would have been able to finish her raising of her pups. You dropped the ball.



You sold FIVE pups to ONE HOME????? Are you NUTS????? This is wonderful... in a few months when none of them are housebroken or trained or properly socialized and they begin to fight with each other, their owner will probably dump them on your crappy shelter where they will spend the rest of their lives. Perhaps the new owner should sue you, too. If someone appointed a lawyer for the pups, the pups should be able to sue you. What are you thinking, placing all the pups in one home?????



***ADDED***

Your added details don't clarify, so much as change your story.



You KNEW these folks had no clue about any of this... the ****** developed eclampsia because no one bothered to explain that this was one of the things that can happen, and how to avoid it.



The size of the home that you sold these pups into is not the point... multiple littermates sold to the same home will become problems... surely you know that. I don't know a single reputable breeder who would sell TWO littermates to the same home, and you sold FOUR.



I wasn't seriously suggesting your neighbor sue you... I was trying to point out that there is more than enough blame in this crappy situation to go around for everyone involved.
No case. Unless you have it in writting, there's very little you can do. Let this be a lessen to her.



That was so nice of you to take the pups in like that. kudos to you!
Anyone can sue for anything. Whether you win or not depends on the law and the judge.

He will look at the costs incurred (expenses) and will subtract the price the pups sold for.

If you sold the pups for less than they are worth, a judge will take that into account.



This is what happens when people buy from backyard breeders.



Poms seem to be the new scam breed of choice - probably because they are small, cheap to feed, you can house a lot of them and poorly bred ones seem to breed like rabbits.
1. Use some punctuation next time, it will make your post a lot easier to decipher.

2. The purchasers cannot sue because she was pregnant and THEY neglected to notice and give her proper prenatal care. Pregnancies are not covered under puppy lemon laws.

3. I sincerely hope you are a reputable breeder and do all necessary conformation showing and genetic health testing on your CC's.
Sorry no case. Since it takes usually 63 days til delivery %26amp; new owners had dog for 6wk, there was no way for old owners to know for certain dog was pregnant. New owner should have asked for previous vet paperwork %26amp; taken dog to the vet for health check %26amp; spay. I always advise ppl take their new pet to vet no matter where they got them from %26amp; fix their them. Sad story but quite common unfortunately.
What the Heck? Get a life - why would you want to sue over something like this.

They were never WARNED that the dog could be pregnant!? Uh - they bought an unspayed female. Put 2 %26amp; 2 together!

You say your neighbors aren't bright.... you might want to look in a mirror!

LOL
I think it'd be a waste of money. Unless the old owners took the dog to the vet and was its documented that they knew that the dog was pregnant, it'll be impossible to prove.
I dont know if they could win or not but y do people take advantage of animals and breed them when there are so many that dont have good homes? millions of horses are sent to slaughter because they are unwanted and people keep breeding to sale.... billions of dogs are put down daily because they dont have someone to love them..... and you are therefore killing wonderful loving dogs that just need someone to care for them because you breed them!!! YouR A KILLER