"breeder" refuses to send AKC registration papers

[ElizK]

My DD and her husband bought a puppy from an ad they found on-line. (I know, I know... can we NOT rehash that, please? I tried to tell her it was a bad idea to buy a puppy from craigslist. LOTS of red flags with this transaction, but she fell in love with the cute puppy face.) The person promised to send the papers as soon as she received them. She's had the puppy more than a month now, and still no papers. She was told that she would send them, then told she did send them, and now refuses to take DD's calls.

She wants to take the breeder to small claims court. Any ideas of the best way to present the case, and what she would need as proof to support it?

This may end up being one of those life-lesson kind of things, I know. Actually, the same thing happened to my husband and me when we were pretty much the same age as DD and her husband.

Thanks for your help!

 

[Pomlover2586]

Sounds like the puppies parents were not actually registered…..doesn't mean they are not purebred…..just means their bloodlines are not documented. If that is the case, small claims court etc won't be able to do anything- can't produce papers for an unregistered litter/parents. It would likely end up costing a lot of money to do a small claims court, and you'd be lucky to get back some but not all of the purchase price and thats being optimistic.

Tell your DD and her husband to call it a life lesson and forget the papers….enjoy the puppy she fell in love with- it doesn't need to be a papered dog for it to be the best dog ever

 

[java]

Are they going to breed or show the dog?
If not why bother with the papers.

If they do want to, it depends on their contract.

 

[ElizK]

Are they going to breed or show the dog?
If not why bother with the papers.

If they do want to, it depends on their contract.

They wanted to breed (they're adults.... they're not listening to me! Don't shoot the messenger). Plus, they paid a lot more for a registered pup than they would have a nonregistered but still purebred.

 

[MommyJack]

I think she can go online to AKC and see if the breeder is listed with them. If so, she may be able to threaten that she will follow up with AKC. I don't think they really resolve disputes, but the threat may work.

If she likes the dog and she doesn't want to breed or show it, I really wouldn't bother though.

 

[ElizK]

Sounds like the puppies parents were not actually registered…..doesn't mean they are not purebred…..just means their bloodlines are not documented. If that is the case, small claims court etc won't be able to do anything- can't produce papers for an unregistered litter/parents. It would likely end up costing a lot of money to do a small claims court, and you'd be lucky to get back some but not all of the purchase price and thats being optimistic.Tell your DD and her husband to call it a life lesson and forget the papers….enjoy the puppy she fell in love with- it doesn't need to be a papered dog for it to be the best dog ever

That's what I'm afraid of.

 

[SLP958]

So many bad moves here it would be hard to pick the worst.

 

[ElizK]

So many bad moves here it would be hard to pick the worst.

No argument here!

 

[JillyBean1899]

The only claim I think they could make in small claims court is that they received "significantly different goods" from what was described.

And have them get the dog checked out by a vet, to make sure there aren't any problems. There's also a DNA test that can be done to determine what breeds your dog is; if that comes back as being not purebred, that would be evidence to provide, too.

Out of pure curiosity, what breed of dog was it?

 

[JessicaR]

Did they sign anything? Do they have ANY contract with this 'breeder' at all?

 

[ElizK]

The only claim I think they could make in small claims court is that they received "significantly different goods" from what was described.

And have them get the dog checked out by a vet, to make sure there aren't any problems. There's also a DNA test that can be done to determine what breeds your dog is; if that comes back as being not purebred, that would be evidence to provide, too.

Out of pure curiosity, what breed of dog was it?

He's a Golden Retriever.

 

[Pakey]

I think all they could recover is the cost (if they paid seller) for the transaction fee on the AKC transfer.


Are they willing to return the dog for a refund? That may be an option in small claims court. I don't see how they would get any $$ and keep the dog.

 

[ElizK]

I think all they could recover is the cost (if they paid seller) for the transaction fee on the AKC transfer.


Are they willing to return the dog for a refund? That may be an option in small claims court. I don't see how they would get any $$ and keep the dog.

I think they were hoping to have part of the price of the dog refunded, since they didn't get what they paid for. No, they are not willing to return the dog.

 

[Tozzie]

I think they were hoping to have part of the price of the dog refunded, since they didn't get what they paid for. No, they are not willing to return the dog.

This is just my opinion but if she is not willing to give the dog back then she won't recover any damages in small claims court.

Was there a written contract? There are many breeders that put a no breeding clause in the contract of sale.

 

[Dasha Hermosilla]

This is just my opinion but if she is not willing to give the dog back then she won't recover any damages in small claims court. Was there a written contract? There are many breeders that put a no breeding clause in the contract of sale.

Agreed. We have a registered AKC puppy and we were given limited registration papers as we are not permitted to breed him.

Also... They should not breed him without knowing his lineage. A good breeder breeds for the betterment of the breed and is trying to achieve something with a pairing. If they know nothing about their dog and it's history it's hard to do that.

 

[ElizK]

No, no contract. Definitely NOT a reputable breeder.

 

[Laura66]

Did the breeder know she was going to use the dog for breeding purposes? Many reputable breeders will sell pups that are pet "quality" (not up for showing purposes) and won't release the papers until they have proof their dogs were neutered or spayed.

I question the motive of your friend using the dog for breeding purposes. If they are serious about being responsible breeders they would have done a lot of research on the breeder, the health and line of the dog, etc.

Without knowing all the details it's not fair to label the breeder as the bad guy just yet.

 

[Pakey]

I think they were hoping to have part of the price of the dog refunded, since they didn't get what they paid for. No, they are not willing to return the dog.

Dogs are considered property by law. They got a dog, xxx breed so they did get what they paid for. If they aren't willing to return the property, I can't think of a basis to sue for a partial refund. It's hard to determine value because any breed of dog could sell for a wide range of $$. They can't sue for lost revenue because even with papers, there's no guarantee the dog would ever successfully breed. And if the dog wasn't tested for genetic defects it shouldn't be bred for the sale of future generations anyway.

I can't think of anything that would be successful enough to be worth the cost and hassle of a small claims case. Hopefully someone else is more creative than I am.

 

[JessicaR]

No, no contract. Definitely NOT a reputable breeder.

This is the answer. Hope they keep and love that pup. No breeding.

 

[kathie859]

WWJJD???

This is a "what would judge Judy do" question.