[Koy88]

Long story short.
Received my puppy friday evening. Tuesday puppy was acting strange, brought to vet asap and had positive parvo test.
Puppy was put in vet care and still currently is.

Should i hold the breeder accountable for any of this? I spoke to my vet and they said incubation time is around 7-10 days.

Ive brought it up to the breeder and they were convinced it wasnt parvo, so i had the vets retest and it was a hard positive. I havent brought uo these results yet as i am not sure what to do.

Looking for advice and or guidance. Contract states that refund will be given for communicable diseases within 3 days. But parvo test is a day after this time period.

 

[Francl27]

Sounds like a horrible breeder to me. Definitely insist on getting a refund.

 

[Koy88]

? poor puppy

 

[CptJack]

I would demand either refund on the puppy, reimbursement of treatment, or go to court for same. The contract MIGHT let them off the hook, but more than likely it is meant largely to prevent you from even trying and won't hold up in court.

And I would be ENRAGED in this situation. All my sympathy and good thoughts for your pup.

 

[Canyx]

Wow. I agree with the others. I can't believe the breeder went as far as to insist it wasn't parvo. Your puppy might already be gone if you had trusted the breeder's word. How incredibly sad and unethical. I hope your pup pulls through!

 

[sydneynicole]

Since like you said, the incubation period for parvo is 7-10 days, the pup almost certainly got it while with the breeder. You could probably argue that in court, even though the test was a day outside of what your contract stated. Like CptJack said, those things rarely stand up in court - they're usually just typed up by the breeder without any professional legal help. With bills like I'm sure you're going to be having, I think it'd be more than worth fighting the matter in court. Just receiving an order to go to court may get the person to wisen up and give you your refund rather than have to foot the entire bill (which, IMO, they should be doing anyways).

Best of luck to you and your puppy.

 

[Lillith]

Long story short.
Received my puppy friday evening. Tuesday puppy was acting strange, brought to vet asap and had positive parvo test.
Puppy was put in vet care and still currently is.

Should i hold the breeder accountable for any of this? I spoke to my vet and they said incubation time is around 7-10 days.

Ive brought it up to the breeder and they were convinced it wasnt parvo, so i had the vets retest and it was a hard positive. I havent brought uo these results yet as i am not sure what to do.

Looking for advice and or guidance. Contract states that refund will be given for communicable diseases within 3 days. But parvo test is a day after this time period.

I would be demanding full coverage for the vet bills, at least. Sounds like a crappy breeder, to be so laissez faire about parvo. I'm sorry you're going through this.

Do you know where the other puppies went? If you know other owners who have this pup's siblings, it may be worth it to let them know. There's a high chance they have it, too, and it may save a pup's life if they can get it early treatment.

 

[Tollerowner]

There might be a state law that is superior to the contract; ie puppies are warranted against parvo for a week regardless of what contracts say. If so, a small claims suit would be easy enough. If not, the contract controls and you are probably screwed. However, many sc judges ignore the law and do what they feel is equitable, so it is worth the effort.

 

[Marvel]

I agree with sydneynicole. Does being a day outside the contract matter if the vet can write a statement saying incubation time for the disease was minimum of 7 days, thus putting the disease within the window. Sure, it wasn't diagnosed within 3 days, but a professional says the dog had the disease for at least a week. It isn't your fault parvo doesn't show itself right away. Just another thought on how the contract may not prevent you from getting nothing. That is ridiculous the breeder is denying it!

Best of luck and I'm sorry you are dealing with this!

 

[Tollerowner]

Does being a day outside the contract matter if the vet can write a statement saying incubation time for the disease was minimum of 7 days, thus putting the disease within the window.

Yes, it does matter. Unless there is a law that is superior to the contract, the contract means exactly what it says.
If the contract says there are no refunds for any reason, then there are no refunds for any reason.
It is not a difficult concept; if you sign a contract, you live with what it says.

 

[hanksimon]

As written, many judges go with what is reasonable, rather than what is in the contract, unless *AS-IS* is a highlighted condition called out in the contract. Otherwise, all transferred property, included pets, is assumed to be in good, usable condition. This is implemented in different degrees depending on location. And a good lawyer, as well as the small claims courts can advise you about reasonable expectations before you have to apply legal means.

 

[cookieface]

Sorry you're dealing with this. If you live in the US, check for something like puppy lemon laws in your state.