We just bought a 7 week old puppy from a local breeder that we have
been waiting a long time for. The breeder stated(not in writing) she was healthy but has a small hernia and nothing to worry about. She came with
full registration. 5 days after bringing her home we had to take her to
the Emergency on a Sunday night as she would not eat, peed all the time and drank lots of water, loosing lots of weight as well. She was there until the next afternoon on IV's etc etc. The diagnosis, a very advanced UTI. The vet told us she had to have it when I brought her home!!
Now she has to have Hernia Surgery in a month or so and find out it is hereditary and she cannot be bred even IF we had wanted to.

My question, what legal action do we have to take in ca. to retrieve some of the money we have had to spend on this little girl?? I did find the ca. Lemon Law and we definately have a case. NO, we do not want to give the puppy back, just need the breeder to make this right.

Your thoughts?

Thanks:)

Give the puppy back and get a refund. There are other puppies. Neither you or the breeder need all this conflict.

It's usually illegal to sell a puppy before 8 weeks in most states. And even if it's not, most reputable breeders nowadays are keeping the pups until 8 weeks. Also most reputable breeders do not sell any puppies to pet families with FULL REGISTRATION.

You bought from a Back Yard Breeder or Puppy Miller. Your recourse? Be happy you saved the pup from a bad situation. Do what needs to be done, pay what the vet wants for fixing the pup, and learn your lesson to screen your breeder better.

The pup is unfortunately the helpless party here. Sounds like you will be a good family to take care of her, but unfortunately you are learning a hard lesson about why its important to screen breeders carefully and make an informed decision.

BTW- small umbilical hernias are common, sometimes illness such as UTIs or if the pup has coccidia or giardia happen with well bred pups too.

You can try to get your money back, or try to sue the breeder, but I think it's pretty pointless.

JMO.....First off a UTI may not have been obvious when you purchased the pup, which if it had been you would have known the same day. If that was the case how would the breeder have known? Second most hernia's do NOT need to be surgically corrected unless it is massive, is it? Your vet I am sure will be more than happy to surgically repair it ($$$$).
Past experience with hernia's for me is push it in everyday, maybe two or three times, as it closes it will get to the point where you push it in and it never comes out again.

All just my opinion!

Best of luck with your baby!

5 days is a long time for a pup and even if she had a slight UTI, with your care and not treating it promptly led to the advanced staged UTI. If she was showing symptoms when you first got her, perhaps the treatment would not have been so expensive. However I would think if you talked to the breeder and explain the situation to them, they might help you with some of the bill. Also, many vets are becoming very anti-breeder/breeding. They may also exaggerate the condition and advise you to stick it to the breeder. This is very wrong, but I have dealt with vets like this.

I've had puppies with small umbilical hernias. I've bred bitches with these as well. NEVER a problem. In fact, sometimes the hernia is just a small amount of tissue that got caught on the outside of the body cavity when it closed up shortly after birth. The few pups that I've sold with these get fixed when they are spayed. No big deal. If you can't push the tissue back inside or can't feel a hole in the abdominal wall underneath the tissue, then it's already fixed.

It just sounds like you looking to sue someone. What a horrible attitude to have. Try to work with your breeder first before you go off half-cocked and ready to sue. Why are people always so quick to try to make trouble for others?

In Ca it IS against the law to transfer ownership (sold or given away)of any Puppy or Kitten before they are 8 weeks of age.

I second the sentiment of previous posts. Be happy you saved this pup from life in a puppy mill. Spay her.

If you think breeding is for you, go out to shows, and Breed club events. Get to know reputable breeders in your area and maybe they will intrust you with something nice to start with.

Please be aware there are never guarantees on anything that is living. Desipite the best testing in the world, several generations of clear parents, and a pup from the most reputable breeder around, Nobody I mean, nobody can guarentee your pup will be perfect. It is up to you to train and work with your pup to make it "perfect" for your family flaws and all. Just Love your puppy and do for her what her breeder didn't do.

You're sure quick to judge the breeder and throw out that term aren't you? Are you basing your judgement on the fact that they let their puppy go home at 7 weeks? That makes them a bad breeder? Correct me if I'm wrong, but the OP stated she had to wait for this puppy which might lead one to believe they didn't have an abundance of puppies always available.

Also, many books are written stating that 49 days (7 weeks) is the ideal time to get a puppy. Many breeders still let puppies go at this age. I've gotten puppies from other breeders at 6 weeks with no ill effects on temperament, health or socialization.

So please don't be so quick to throw out that word and judge your fellow breeders. I'm sure you wouldn't want someone to call you that as so many other breeders are quick to do to others they don't agree with or are jealous of.

Thank you.

So many opinions here, and NO I am not out to get the Breeder.
No, he is not a well know breeder but just happen to breed the
puppy we have always wanted and would not give her back under
any circumstances.

Acording to A.K.C. Umbilical Hernia's are Hereditary and you should
NOT breed the dog. period. We were not planning on breeding this girl,
just don't opt to Spay her at 4 mo. as the Vet recommended.
Just FYI you are NOT supposed to show any dog that has had umbilical
hernia surgery.

We only have 1 dog, this puppy, and she is not replaceable as some
breeders might do that breed litter after litter. Been there done that!
Yes, I bought a puppy without doing my homework and regret it, even if
I had that does not guarantee anything! Can't tell you how many puppies I have bought from the most reptuable Lab breeders in the U.S.A. AND
abroud, NONE OF THEM TURNED OUT TO EVEN BE SHOWABLE OR BREEDABLE.
I never went back to them for any kind of replacement, as I should have.

Thank you for your opinions, I just wanted some advice as to my recourse with the breeder, Not Law & Order.

Any vet who is recommending you spay this puppy at 4 months of age is not very informed and has an animal rights leaning agenda.

And you did not answer the question as to whether or not the body cavity below the hernia has closed yet or not. UH's are not a big deal, especially on a non-breeding dog. Your vet is just making a statement against breeders.

Your first post did sound like you were out to get the breeder. And all those other dogs that you got, where are they now?

Upset wrote,"Acording to A.K.C. Umbilical Hernia's are Hereditary and you should
NOT breed the dog. period. We were not planning on breeding this girl,
just don't opt to Spay her at 4 mo. as the Vet recommended.
Just FYI you are NOT supposed to show any dog that has had umbilical
hernia surgery."

I don't know what or where you are reading this, or more likely, what person told you this, but the AKC site clearly states that showing after umbilical hernia surgery is allowed. Inguinal hernia surgery, no.

A vet telling you to spay her at or by 4 months is setting you up for a dog with leg, knee and hip problems in the future, along with other problems, such as hemangiosarcoma and bone cancer. Read articles by Dr. Chris Zink and other veterinarians on the effects of early spay/neuter. If you cannot guarantee that she will not be bred by accident, by a coyote or stray dog, certainly spay her at the traditional 6 months rather than letting her go through a heat cycle. At least then her risk of breast cancer is lowered, even if other common cancer risk is raised.

If she has a UTI because of an "innie" or recessed vulva, she will have more UTIs if spayed too young. Maybe you need a new and better vet? I didn't return my child when he had problems as a newborn or when he got his first infection.

Love and enjoy your puppy. As she is a Lab, I am sure that she loves you! Aren't Labs great?

Just to clarify you are mistaken regarding umbilical hernia surgery. Direct from the AKC rules and regulations applying to dog show in section 8:
"Procedures that would in and of themselves be considered a change in appearance by artificial means and make a dog ineligible for shows include, but are not limited to:
1. The correction of entropion, ectropian, trichiasis or distichiasis.
2. Trimming, removing or tattooing of the third eyelid (nicitating membrane)
3. The insertion of an eye prosthesis
4. Correction of harelip, cleft palate, stenotic nares, or an elongated soft palate resection
5. Any procedure to change ear set or carriage other than permitted by the breed standard
6. Restorative dental procedures, the use of bands or braces on teeth, or any alteration of the dental arcade
7. The removal of excess skin folds or the removal of skin patches to alter markings
8. Correction of inguinal, scrotal or perineal hernias
9. Surgery for hip dysplasia, O.C.D., patellar luxation
and femoral head restriction
10. Alteration of the location of the testes or the insertion
of an artificial testicle
11. Altering the set or carriage of the tail

Umbilical hernia's are NOT considered to be inherited and can be shown and bred. Umbilical hernia's can be caused by cutting the cord to short, obsessive dams who pull to hard on the cord or won't leave it alone after it's tied off, or from any type of trauma that would pull on the cord at birth. I had my first ever umbilical hernia this year because when I clamped the cord with a hemostat I didn't realize that the tip of the cord was attached to the towel under the puppy (which was under mom as well). Picked up puppy and clamp stuck to the towel and tugged on the cord. Puppy was declared perfectly fine by my vet at 8 weeks of age as well as the buyers vet at first check up. Inguinal hernia's are considered to be inherited in nature and are often confused with umbilical hernia's.

Regarding a UTI. You had the puppy 5 days before the first sign of a problem but the vet wants to blame it on the breeder? If the puppy came home with a UTI it would have had blood in the urine and the desire to pee with a frequency you should have noticed something seemed wrong. If you are a woman writing this posts and have ever had a UTI I pose this question to you - did it take you 5 days to notice you had a problem? If you aren't a woman than ask any woman and they will tell you that UTI's come on QUICk. You feel fine one day and within 24 hours are in obvious pain and discomfort.

Personally I think the problem here is your vet - not you and not the breeder. I've never had a dog that needed to be hospitalized for a UTI/bladder infection. They saw a very worried puppy owner, gave you the option that would put the most in their pocket and you would not have to watch puppy suffer while it recovered, and then they blamed the breeder. If you waited for a puppy from this breeder for this long and she is everything you ever dreamed of then how is it the breeder is suddenly the bad guy all because your vet says so. There are good vets and bad vets and I would encourage you to go back to your breeder and ask for a recommendation of a good one! Owning dogs can be stressful and like children they sometimes require unexpected medical care. If the umbilical hernia was a problem you shouldn't have taken the puppy - you were told upfront. That's the sign of an honest person trying to do the right thing!

Not 1 of you said to contact the breeder to let him know the situation. NOT 1!! Shouldn't he know about the UTI and umbilical hernia?

The breeder was wrong, A.) Selling a pup at 7 weeks apparently without a health certificate. That caused escalation of this pups condition for it's new owner. If they waited for the 8th week, the UTI should have been apparent to the breeder. B.) The breeder knew there was a hernia, slight or not. I have no doubt he was unsure if it would require surgery or knew the pup would.

Does the lemon law in CA expect a vet exam and certificate of health?

Would any of the breeders want to know the pup went home with health problems or you don't keep in touch with your buyers?

I'm horrified by the replies. The breeder should be helping with health expenses. I would pay something towards the costs if it were my litter and I was informed of extra costs from the beginning. If the buyer waited a long time, that's a different story. I ask my buyers to double check the health of the pup my vet determined with their own vet within a week. Fair in my opinion. I trust my vet. If they don't go, I can't force them to.
All say they will and claim they have over many years. I've never had a problem like this but I would disclose it when the buyer came to visit if I did, immediately.

I can feel testicles when the boys are on their backs usually beginning at 5 weeks when they're relaxed. A hernia should be easy to feel too. I check for them at 1 week, then 2 weeks, and proceed to 8 weeks. I do my own health checks every week then go to the vet at 8 weeks for a health certificate, vaccinations and microchips. I could do vaccinations myself, not the chips and I'm not a vet so it's worth it to me. My state requires a health certificate at 8 weeks or over within 2 weeks of each pup heading home. I also do ACVO exams for my information. I do not ship although the health certificate allows for it.

I disagree with the other breeders. I would contact the breeder, let him know and leave the ball in his court. I wouldn't sue but if he refuses to do anything to help out, even emotional support; I would let other breeders know the story at some point and surely other buyers.

Your puppy has a good home and the breeder is fortunate you're as caring about the pup and laid back as you are. Some wouldn't bother coming to a board, they would sue immediately. I hope he offers to do something to help out.

I admit that I assumed this buyer did in fact contact the breeder, the breeder didn't want to pay any of the vet bills and thus the reason they came on here looking for recourse. I also assumed that before selling the puppy and mentioning the hernia that the breeders vet had seen the puppy and told the breeder it was not a concern. I have every puppy I sell vet checked but my vet does not give me any written statement they were seen by her. An actual health certificate is not required in my state. But, I give my vets contact information in my health record so the buyer or their veterinarian can call her directly if they choose. Personally I give a 48 hour general health guarantee and they must have a well visit with the vet of their choosing in that time. JMO but 5 days is enough time for a virus or other problem that didn't come from my house to emerge. Doesn't mean I won't offer to help pay but it's spelled out in my contract what my expectations are for health checks. Everyone does it different!

It's not pointless at all to get your money back. The CA Lemon Laws are there to protect you. The amount you will receive is one and a half times the cost of the puppy, it should be more in some cases where people have not done the proper clearances before breeding their dogs. I wish ALL STATES had this law!
It is against the law to sell or give away a puppy before it is 8 weeks old in California.
Talk to the breeder first and if you have documentation for the cost of the Vet care for your puppy and they will not reimburse you, sue and get a judgement.

California's law also requires the buyer to notify the seller within 72 hours from vet diagnosis. Also the requirement to be considered a breeder has specific requirements. Sounds like both parties have committed errors. The eight week old law is not new by any means in CA.

If the buyer brought the pup for a check up before 72 hours and she appeared healthy she couldn't have contacted the breeder. If then, 2 days later the UTI caught up with this little bitch, same as it did at 5 days, do you really believe the courts would give the buyer a hard time about 2 days if she had made the effort? She was wrong not going to the vet but did the breeder have it in the contract or document she sends her pups home with? The breeder should if she knows her state laws.

I heard of a breeder in the NE with at least 27 judgements against her, mostly because she never called back the pup buyers back and pulled no shows in court. Once the buyers left with their pup, they were SOL, she never returned a call. Every case against her was ruled in favor of the pup buyer because of her reputation.


Now the NE breeder sells brokering through someone else's name & home to skate around it all. She bought a boy from a large Canadian breeder that had an American 5 point major and some minors plus CA points. The Canadian breeder knew she was a PM with problems but she paid the breeder and that's all that mattered. The payment. She breeds every bitch she has in the other person's name to her CH male of a few years.

The courts can do anything they want ultimately. The breeder will look like a jackass to the judge. If the OP comes back to let the board know the outcome they may find 3 or 5 days doesn't really matter.

"California's law falls hardest on sellers of unhealthy dogs, but hobby breeders do not fall under its provisions except for the extremely active ones. It applies to anyone who sold, transferred, or gave away two or more litters during the preceding calendar year.
Buyers have 15 days to document contagious or infectious disease, one year to document congenital or hereditary defects. The seller has 120 days to produce advertised registration papers. If the seller fails to do so, the buyer may return the dog for a full refund or keep the dog and receive a refund of 75 percent of the purchase price.
If the dog is proven to be ill or to have hereditary defects, the buyer is entitled to a replacement plus reimbursement for veterinary expenses related to certifying the dog's illness, up to the price of the dog including sales tax."

Number one hernia's not usually a problem. She told you up front the pup had one. But nothing to do with breeding. Will not pass it on, silly ! UDI's are so common in new female pups. Alot are in a crate longer than they are used to, out on different grass or ground area, they squat so low. Just treat it. OR, take the pup back. No fuss. No putting breeders down.

This is what was needed, the exact laws. I think it will help any California breeder. They should know as some people are sue happy.

I, also feel the breeder should pay something for the pups 2 problems. It was too soon after the pup left the breeder not to. Jmofwiw.

Perhaps you failed to read the part where it says a breeder who breeds only one litter in a calendar year is exempt from the CA lemon law. I don't know if this applies to this particular breeder or not, but this could happen to any breeder. It sounds to me like the buyer was taken by the vet and the dog was over treated or the buyer waited too long to take the dog to the vet. But to threaten to sue over this? Just a sad sign of our society.

All of my puppys go for a "well puppy" visit the day before going home with new owners. My vet types a letter that indicates the health of the litter, to include (bites, eyes, ears, hearts, lungs, testicals, hernias, knees, etc). I ask that owners take their pups to their vet for a "well puppy" visit within 72hours after being home with their puppy. All has worked out well doing this for my puppies and no owner is ever surprised, nor myself with an issue.

You nailed it, she's also bred him to a known silver breeder, so sad!