Monday, August 23, 2010

Some legal advice on my Puppy Please ?

Hi I bought a puppy 6 months ago and was told by the owner that he was a Jack Russell . I got the owner to sign a receipt stating that it was a jack russell and that he was in good health etc : Which he is thankfully . However he isnt a jack russel terrier . I think and Im not 100% on this one . But I think he is a Airdale Terrier , Which grows to be alot bigger than youre average JR . What do you think I should do ?


I dont neccassarily want to get rid of my pup as he is lovely and I really dont know for sure what he is apart from he isnt a JR .But I wouldnt mind getting this Lady in trouble some how ? Advice please if you can thanksSome legal advice on my Puppy Please ?
not much you can do but you surley can sue her for fraud and false advertising that is fraud selling you a dog that is not that kind and advertising a jackrussel when its not one is also against the law it wont be mass amonuts but she could get slammed with a fat fine or a small amount of community service if she is a breeder she has to have a liscense to do so and that could be conviscated.. go and see legal aid or a lawer and see what you can do...Some legal advice on my Puppy Please ?
OMG!!!


You cant tell an AIREDALE from a JRT???


****WHY**** didn't you RESEARCH FIRST!!!








Besides being BLACK %26amp; TAN-JRT MUST BE more than 50% WHITE- an Aire PUP is TWICE or THREE TIMES the size of jrt ADULT!!! Just picked up an Aire last week that was 12 weeks %26amp; ***25*** lbs!





YOU got a MUTT/MONGREL,btw.


NOT an Aussie OR an Aire OR a jrt..a MUTT!
How could you possibly get these breeds confused? Even if you are talking Australian, they are not at all alike, not even the same color! Didn't you even look at a picture before you ran out and bought one?





What breed does it say on the AKC papers?





You *may* be able to take her to court, but will have to give up the dog.





IMO, if you run out and buy a dog with no thought whatsoever, you get what you deserve.








Tyke - ';You cant tell an AIREDALE from a JRT???';





Hard to believe, isn't it?





';NOT an Aussie OR an Aire OR a jrt..a MUTT!';





Likely!
http://www.canismajor.com/dog/akc.html good luck
If you don't have breed-registry papers (AKC or even UKC for this one), then you will have a VERY hard time winning a legal battle over this one. If you do have such papers, then rest assured that your dog is what the breeder claims.





But it sounds as though all you have is that receipt. In that case, what the breeder signed was a receipt saying that to the best of her knowledge your dog is a jack russell. In order to take her to court over this, you would need to be able to show that she purposefully lied to you.





If you wanted a particular breed, you really should have gone through a registry-approved breeder. If you didn't, then frankly you cut corners. You paid for a dog, and a dog is what you got. Receiving a dog that is not up to your standards is a risk that you take. Unless you do want to get rid of your dog and HAVE to have a jack russel, then there is no point in pursuing this.





Also, your dog is still a puppy. Wait till he's grown if you aren't sure what he is. He might end up being a jack russell mix.
You could file with the small claims court. I am assuming that this breeder does not have a Kennel license, but there are also governing bodies for this. You can also call your state rep. (Depeartment of consumers affairs) You will need something from your vet first stating that it is not a JR.
Unless the dog is worth a lot of money no legal avenues are really going to be realistic for you I wouldn't imagine. Maybe breach of contract at best which would get you your money back (in exchange for giving her back the dog)





I reckon your best bet is to bad mouth her to friends and family, other breeders and at dog shows etc. Would probably do her a lot more damage in the long run! And it may even make her pay attention and decide to negotiate.
I am not a lawyer, but common sense says that if you don't buy from a registered breeder then you get what you get. These dumb *** people that you bought the dog from probably didn't lie to you on purpose, they just didn't know. You love your dog, he is healthy so don't sweat the small stuff.....
Does it really matter, you like the pup and will end up loving it. If your angry at the lady call/email or write to her and tell her so.. But don't be cross at the puppy (Not that it seems that your cross with the doggie at all)
1st. Go to your vet - you must go for his shots anyway - and ask to make sure what breed he is exactly, because you don't sound too sure, and this is essential in the case.


2nd. Keep the dog. We must not be racist with dogs, and especially since he is lovely, I don't think you should hurt the dog by abandoning him afterl all these months, let alone that he might end up unwanted or worse dead if you abandon him.


3rd. However, the seller misleaded you, so you can ask for some money back. I wouldn't try to get her into trouble, just ask for some money back, because gettoing her into trouble will not give anything to you. If seh refuses, then try to get her into trouble, but without getting the puppy into trouble or abandoned.
a vet will be able to tell you - jack russels come in many shapes and sizes though
well it's possible that he is a jr as they come in tri colour aswell,how old is your pup is he exactly 6months,if hes still quite small in height then he is proberly a jr or a crossbreed,airedales at 6months are tall and lanky and there coat is curlyish,they only come in black and rusty brown colour,theres no white markings.Jack russels arn't a kc registered breed because of the height and general apperance range so differently,so i think you will find it hard to get this lady in trouble as you have no where to take the complaint.Maybe the lady didnt realise they were cross breds which sounds most proberble in your case.But i would rest assured that i very much doubt that it is an airedale.Good luck
Unless your puppy was registered with the Kennel Club as a pedigree (and you received the registration papers as proof), you haven't really got a lot to go on.


Did you see both parents (or the mum at least) when you collected the puppy? You should always visit the kennel and meet the parents and any other dogs that have been bred there to get an idea of looks, temperament etc.
why do you wanna start trouble if you like the dog keep it and chill!!!
what ever you do please do not get rid of him okay wait a little while then see if you like him, if not find a right owner that will take care of him
Unless you have a KC registered dog with full pedigree there is no way that either you or the woman could have guaranteed that the dog is a pedigree Jack Russell Terrier. That is why people pay more money for KC registered dogs.


If you think you have been defrauded by this woman you can sue her. Contact your solicitor for legal advice - you obviously have a case! However, it will cost you!
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