bought a puppy, looking to return it.. az/ca laws? (sales, condo)

[Bench Warmer]

I'll try to make this as short as possible.
I decided to buy a Manchester Terrier off of a Breeder in California. The breeder sent me a bunch of pictures, and a thorough description of the dog. The dog is 7 months old. He looked awesome in the pictures, and she described him as the perfect Manchester Terrier.. He was described as flawless, with a great temperament. House and crate trained.

When I bought the dog I had to sign this contract:

All conditions and terms of this contract are contained here within.
The following agreement is between ________________________ hereafter referred to as
"Breeder" and ________________________ hereafter referred to as "Purchaser(s)." For the
total sum of ________________________________ the breeder transfers in simple rights,
privileges and responsibilities associated with the ownership of the Manchester Terrier breed,
Whelp Date: __________________________ AKC Registration Number:_____________, AKC
Registered Name: __________________________________________________ _______with in
the manner as stated.
Dog must be neutered / spayed by ___________________________ Breeder will remain as
AKC Registered Owner on this Dog until such time as a licensed veterinarian neuters / spays the
Dog. Upon presentation by the purchaser of a Certificate of Spay/Neuter for this dog to the
Breeder, the Breeder will provide AKC Limited Registration Certificate for this dog with no
further cost or payment. Purchaser(s) agree this Dog will reside in Purchaser(s) residence as a
family companion, not to be relegated to a kennel type housing away from Purchaser(s) home
environment. And while this dog may be capable of more, it is sold strictly as a companion/pet.
The purchaser(s) have 7 (seven) days from the date you pick-up your puppy to have them
examined by a practicing veterinarian for a complete physical examination. If any defects that
will adversely affect the function as a pet or illnesses are found, the breeder will give a complete
refund for the amount of the purchase price of the dog upon its safe return.
This dog may not be sold, placed or by any means the ownership relinquished to another party
unless agreed upon in advance by Breeder and expressed in writing by Breeder to Purchaser.
Should Purchaser decide to relinquish ownership of this Dog at any time during its life for any
reason other than those directed by law, Purchaser agrees to safely return dog to Breeder as fast
as possible by safest means possible that will not endanger the life, welfare or well being of dog.
All costs incurred for the return of the dog as well as any expense resulting from medical
treatment and/or training, reconditioning or socialization will be the responsibility of Purchaser.
Should Purchaser or any household member be charged with animal cruelty/abuse or any act that
is contrary to humane and responsible treatment of animals, this dog's ownership will revert to
Breeder. The same applies should any member of the house (renters included) be found to
engage in breeding companion animals for profit or as any form of commerce/brokering or other
third party sales arrangements.
Purchaser is responsible for:
a) Keeping this dog up to date on all immunizations and to be kept parasite free (i.e., heartworm,
tapeworm, fleas etc.)
b) Annual check up by a licensed veterinarian,
c) Maintenance consisting of feeding with a nutritionally stable canine diet including meat and
supplement when necessary to maintain in correct weight (good flesh cover).
d) Providing whatever training necessary to ensure this dog's physical well being and
emotional/social stability
e) Maintaining the living quarters for this dog in a climate controlled area of no lower than 40
degrees Fahrenheit or no more than 85 degrees Fahrenheit
f) Dog is not to be chained and will not be housed in a kennel run/fenced yard outside the
physical residential structure of the Purchaser(s) other than for exercise purposes.
g) For exercise purposes only, dog will be kept within the confines of a fenced-in
enclosure/wireless fencing system or on a leash held by a responsible person when outside the
confines of the Purchaser(s)'s residence or required fenced-in property.
This is a mutual agreement between Breeder and Purchaser. All terms and conditions of this are
binding and non-negotiable. Should the terms of this agreement be violated, whether accidentally
or deliberately, Breeder can and/or will pursue legal action to fulfill terms of this agreement.
Purchaser will be held liable for all legal fees and court costs; in addition to any and all
placement costs, maintenance costs, boarding, medical and associated miscellaneous costs
related to this dog will be the responsibility of Purchaser.
By my signature I affirm that I have read, discussed and understood the terms and conditions of
this agreement. I agree to the terms and conditions of this agreement. I am aware of and fully
understand the possible consequences of breaching this agreement. I sign this agreement of my
own free will and without duress.
Signature Purchaser(s) ___________________________________ Date ___________
Address: __________________________________
__________________________________
Home Telephone Number: _______________________
Email Address: _________________________________
Signature Breeder _________________________________________ Date __________

========


Anyways, we picked up the dog on 4/3/09. He seemed just as he was described. on 4/4/09 I crated him and went to work. 4 hours later my girlfriend came home and he was in the middle of a frantic anxiety attack.. he had been howling since the moment I left until the moment my GF came home. There was poo all over him and his crate. Text book Separation Anxiety.

On 4/5/09 we tried to put different toys and snacks in his crate to try help him get by the 4 hours the both of us would be gone.. Same result.. He was barking non stop and pood everywhere..

on 4/6/09 .. we tried putting him in the bathroom.. to give him more room... big mistake.. he got poo everywhere.. barked up a storm..

on 4/7/09 my gf called in sick to stay home with the dog..

on 4/8 & 4/9 same thing as 4/5....


No matter what we tried, he gets frantic.. when we get home and clean up the mess he made, its not like he go's back to normal.. he is in a depressed and anxious state... he nips and growls at us.. its horrible.. I feel just horrible for the little guy..

I know anxiety is common in 7 month old puppies, but this is over the top.. we have notes on our door saying we need to quiet down our dog, its disrupting the neighbors..

Could this severe anxiety/aggression be considered a defect? If the breeder had told me he has signs of separation anxiety, i wouldn't have bought him as he will have to be alone for 4 hours a day 4 to 5 times a week..

today is the 7th day since we have got him.. he was scheduled for the vet for an appointment.. We are going to tell the vet his symptoms, and if he is officially diagnosed, would that count as a defect? the contract clearly states
"The purchaser(s) have 7 (seven) days from the date you pick-up your puppy to have them
examined by a practicing veterinarian for a complete physical examination. If any defects that
will adversely affect the function as a pet or illnesses are found, the breeder will give a complete
refund for the amount of the purchase price of the dog upon its safe return."

I cant keep him here.. its just not fair for him, or our neighbors.. I contacted the breeder, but she told me she will only issue half of a refund. She told me the dog was such an awesome dog with zero discrepancies.. this is why i chose to buy from her and not another breeder..

I wonder if I have a leg to stand on to fight for my full refund.. I told her I'd be happy with $800 (we paid $1000).. Because he is going back tomorrow, and I don't mind paying for his flight back...

Another thing that saddens me about this is, the breeder has made comments like "I doubt he's doing any of this". We have been so kind to this dog.. We would work with him if we could, but our landlords + Neighbors aren't thrilled about all of this, and we feel so sorry for the dog!!! The dog deserves better than this. If I knew this was how its going to be, I would not have purchased this dog. I cant have some one here 24 hours a day. I want to keep this dog, but I cant. It's not good for the dog at all.


Please help me with this situation!

[Finger Laker]

congrats - you bought a puppy - not only a puppy, but one who is fairly old

7 months is a harder age for them to transition from their home den - this would normally be done at half the age - however, it's getting used to new people, a new climate, etc

you can't just put the dog in a crate for 4 hours and expect it to be cool

you have to work up for separation - my puppies used to howl while in the crate while I was there with them - even if a dog is crate trained it doesn't necessarily mean they'll like it - especially so quickly after an initial trauma

judging by the contract the breeder had you sign, it sounds like they're legit and are definitely in the best interest of the dog

i'm also sure the breeder questioned you guys before making the sale, so they probably want it to work out as well

have you ever crate trained a dog before? - not trying to be rude, just legitimately curious.

[observer53]

You might want to take this to the dog forum. You may get more responses.

From what you've posted, it doesn't sound like he's been crate trained properly. Even if he'd been crated some before at the breeder, he's in a new place. You just can't lock him in the crate and go. He has to see the crate as a safe, good place.

I would wonder why she had a seven month old pup. Most really good breeders have waiting lists for litters, and they don't stay with the breeder that long. Was this pup returned by someone else, perhaps?

Since you need to act quickly under the contract, get him to the vet. Also check to see if Calif has a puppy lemon law, which might give you additional rights beyond the contract. A Google search will tell you.

Based on your other posts, you were in a BIG HURRY to get a Manchester. Perhaps you will do more research next time, and take your time finding the right breeder and the right pup.

[roundball]

If you live by a Pet Co. (maybe pet smart) they have doggy day care.

Try taking your dog for a long walk (hour or so) before you put him in the crate. I bet it will make a big difference.

Originally Posted by observer53

You just can't lock him in the crate and go. He has to see the crate as a safe, good place.

Spend some time while you're home hanging in the crate. You have to make it a calm place for him. Watch the dog whisperer.

[observer53]

Skip the Dog Whisperer. What ends up getting shown on TV gives a distorted picture.

You need to spend some time with this dog, getting to know him, doing some basic training, and make him happy in the crate. Feed him in there, (with the door OPEN), throw treats, toys in there.

[azcater]

Just FYI, terriers do bark A LOT! I wonder if he is really barking the whole time or not. Our dog has to go in the crate (wire fox terrier) because he has separation anxiety and will get into anything and everything if left out. So, he barks up a storm when we leave and then again when he hears the garage door open. But I have deliberately left and come back 15 min later and he was not barking. But if you live in a condo or apt, I can imagine how the barking would be annoying for them.
I'm a little confused as to why the breeder is just now selling this dog and why it hasn't been properly crate trained. Makes me wonder if he's been in other homes and had the same problem. Wish I had more answers for you, I can imagine how sad and frustrated you are. We adopted a 5 yr old welch terrier many years ago and I remember our first few weeks with her were hard getting her acclimated.

[freeme]

dogs are like children... big responibility. some people shouldnt own dogs. NO ONE should expect a new dog to just be perfect once you get home. dogs, like children, need work... DAILY! imagine being the your dog for a second... in a new environment, new home, strangers...? Never ever buy from a breeder when rescue dogs die! my 2 cents.

[Bummer]

Definitely no expert here, Bench, however . . .

What you are referring to as "anxiety" could very well be he's just "stressed out" due to the many recent changes in his life.

Acclimation is the key here. You may want to consider taking a few days off and spending some quality "one on one" time with him. After the first 100% day, try leaving him alone for a few minutes and keep extending that time until you are able to leave him alone for an entire day. He needs to be assured you are definitely returning by a certain time. And yes, dogs are amazing at telling time.

Put yourself in his shoes, or paws, and consider what he has been through and how fearful and insecure he may be due to the many changes.

Good Luck