Poorly puppy - who is being unreasonable?

[Purpleheadgirl]

Aibu to wonder who is ultimately legally and financially responsible for the puppy in this situation?

Deposit paid for puppy, legally not allowed to collect until at least 8 weeks old. At about 7 1/2 weeks old a message is sent to say the puppy has cut their lip. It has been taken to the vets, had injection and 5 days oral antibiotics. By the point of collect about a week later, told all is well, just a cut lip and that the swelling will go down so decide to pay the balance and take the puppy who certainly seems fit and well.

36 hours later and took puppy to the vet for first vaccinations but told he can't have them as vet has found an internal puncture wound within the mouth that is oozing pus. Long story in that over 4 weeks, cost £325 to treat the wound, infection and resulting abcess. Not covered by insurance as was an existing injury. Seller was a private seller
So who is being unreasonable here:

YANBU: Seller was responsible as puppy in their care, and had not been fully paid for yet
YABU: you owned the puppy from the first deposit and are so responsible even though it was not in your care

Any thoughts please?

The breeder is irresponsible for homing puppies until at least twelve weeks old,that is a very good indication they are in this for the money and not the welfare of the dog or puppies.
She is responsible for the puppies welfare until s/he moves into your ownership,she is the owner,a deposit gives you no rights or responsibilites.
I would be looking (for a rescue,Dogsblog have plenty of dogs from puppies age)another pup and keep away from this money grabber.

I would not have accepted the puppy. I would have cancelled. By accepting you accepted the problem. Hope its OK.

Puppies are generally homed at 8 weeks unless very small eg a chi. By 8 weeks, most bitches have more than had enough.

The injury occurred in the breeder’s home, they are responsible. Have you approached them to pay you back?

Problems after buying puppy from breeder. Colour me shocked.

I was of the impression that decent breeders had insurance to cover these kinds of issues and that puppy contracts have a clause that if illness occurred within a certain timeframe that the breeder is liable.

Where do you suggest that people buy a puppy from if not a breeder? Gumtree? A pet shop?

Well yes he was a breeder but saying he was a private seller....didn't have 3 litters in a year so need for an official license, but according to the regulations, I think he could be classed as a business as was selling the puppies for profit.
Checked the puppy and saw nothing but then am not a vet and trusted what we were told -definitely taken as given meds boxes although doses finished.
Tried many times to talk with breeder and got no response so sent template letter warning of legal action (in small claims court) They waited the full 28 days given before replying and are essentially amazed that I would even think they were responsible for the fees. They are adamant that puppynwas fully and legally mine from the first deposit and therefore I am responsible. In fact they threatened to counter claim for the cost of them taking the puppy to the vet and for the extra days of kennel fees post the 8 week limit.

Most pups are rehomed at 8 or 9 weeks, 12 would be very rare in the UK.

I'd broach this with breeder and ask if costs could be shared, but it's a tricky one.

And yes, I suggested he claim of his insurance but he was having none of it

Off!

I would maybe chalk this down to a bad experience, is the puppy ok now? You happy with him/ her?

This will take over your first months and fun puppy time and eat you up.

I do actually think the breeder should help towards and maybe offer half, but I also think you won't get anywhere and will end up with a giant pile of stress you really don't need.

And potentially loose more money than you have already.

You paid a deposit for a healthy intact puppy, you were no way responsible for it at this point.

Puppy should ideally have been taken to vets for a check (not vaccinations) within a day or two of purchase. My breeder advised me to do this and they would take the puppy back if any issues with the check and at any other time.

The issue was clearly caused when the puppy was in the care of the breeder and the puppy was not yours until payment made in full. Try going through the small claims court.

Next time you buy a puppy, please be more diligent.

I’m not sure, but I think the breeder might actually be correct..

Im quite sure I’ve heard of cases where people paid deposits, the breeder changed their mind and refused to sell and then lost in court and had to sell the puppy because the deposit was deemed a legal contract of sale.

Insurance always starts at 8 weeks, there’s a 2 week inclusion and it’s separate to the breeders insurance I believe.

I suspect the breeder is unfortunately correct.
I think it will be classed as an injury under the breeders insurance, at the breeders house so before your insurance kicked in, so, it is classed as pre existing.

Our boy had an eye infection when we brought him home - one of his littermates had scratched him. He was fine, had some drops for a couple of weeks.
Hope your baby gets better soon.

@CharlesChihuahua No problem with the deposit acting as a contract, because it was .....but more a query of exactly when the ownership passed to us....at point of full payment. And yes wouldn't be under my insurance despite having him covered from day 1 of when I thought I owned him (full purchase), but I did think he would have had his own insurance and that way none of us would have been directly out of pocket

Unfortunately you are both to blame, breeder sounds like a total backyard breeder, you should have done more research unfortunately on breeders.

my dog came with insurance for 4 weeks, the contract we signed with the deposit stated the deposit was fully refundable in case of illness or injury or even if we changed our mind. We saw a copy of vet report from 3 days before we collected and was advised to check him over within 2 days by our vet. In the contract it stated if anything was found we could return and get our money back. It was a standard template from a KC breeder.

I think, due to the way prices are getting ridiculous when it comes to dogs, it might be an idea to have dogs “vetted” before purchase, like we do with horses. That way things like this can be spotted.

@hennaoj I did take him to the vet as already booked within appropriately 36 hours after arriving home at the soonest available slot. I told the breeder the outcome and as things developed over the 4 weeks. I checked as best I could but am not a vet, and had evidence that he been checked by a vet.

I was fully intending to go to small claims court but I can't find anything that categorically confirms at which point I owned the puppy. If he still belongs to the breeder until fully paid, then surely it is his responsibility? Yes I was told about a cut lip but not what turned out to be a bite with puncture wounds and potential for bony damage to the teeth as they grow

@Familydilemmas Well yes possibly but that doesn't answer the question of ownership. We did spend a lot of time there and did get other information appropriately though. Already confirmed dogs come under trading standards eg faulty goods so still would ultimately like to know, if only for the sake of others, what the answer would be.

To those that asked, famous last words he is fit and well now thank you but there was talk of general anesthetic and CT scans which is when I first wrote to the breeder.