I purchased a puppy on line through trade me. When I picked it up, I was told it was just a little shy, when it

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Customer: I purchased a puppy on line through trade me. When I picked it up, I was told it was just a little shy, when it squealed, and didnt allow us near it let alone pick it up.
JA: What state are you in? It matters because laws vary by location.
Customer: Sorry pressed enter, to continue. the anxiety in the dog did not disapate when we got home. the puppy cottone on to me okay but over the next 2 weeks the anxiety did not lessen. I am the only one able to pick the dog up, and that includes my husband. having talked to some experts on dog behaviour, we were advised to give the dog back to the breeder, but she does not want to know about it. what is my legal position . I am in Hastings, Hawkes Bay nz
JA: The Lawyer will be able to walk you through that. What steps have you taken so far?
Customer: I have approached the breeder via text and email. She has abdicated all responsibility and states that it is all my fault and has happened in my care. I have reared puppies before, and although I know it can be hard, this little puppy was cared for impeccably and carefully
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Because the breeder completely rejected us and this little puppy, and the anxiety grew to such a stage that she was snarling and biting, plus the vet and dog expert said she anxiety was such that she could not be trained out of it,we had to have her put down. This devastated us,
Answered by Chris The Lawyer in 1 hour 9 months ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.
Customer
Thank you Chris. we purchased a puppy thru trademe ($3,000.00) I discuss the puppies nature etc with the breeder and was assured she was lovely, just a little shy but would settle easily. Whe we went to pick her up she was at the back of the pen, and would squeal when we approached. The breeder picked her up and again assured us it was just shyness but she would not allow us to touch her.
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Chris The Lawyer, Expert

If the breeder is a commercial dog breeder, then there are guarantees under the Consumer Guarantees Act which apply to any purchase like this. If the dog came with problems which were so serious, and was therefore completely unsuitable as your pet, she should refund the purchase price. If she refuses to negotiate you could bring a claim in the disputes tribunal

Customer
Im not sure if she is classified as a commercial breeder. she has a previous litter so this was the second litter. What is the criteria for a commercial breeder. She said we had no claim under the consumers guarantee act.
Customer
I just talked to my Husband, and he tells me is is not a commercial breeder, so I guess she gets away with it, for us it is not the money, it is the utter deception as she knew there were issues. She text me 4 times on the way home to see how things were going and asking if the puppy had settled.
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Chris The Lawyer, Expert

Even if she is not a commercial breeder, you can claim under the Contract and Commercial Act for a breach of the contract, because it would be an implied term of the contract that the puppy would be in good condition without any issues

Customer
Does it have to be a written contract. Or is the fact that she accepted the money an implied contract? Is this also dealt thru the disputes tribunal
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Chris The Lawyer, Expert

A contract can be verbal and writing, and so the documents such as the email exchanges through trade me will be part of the contract. The important feature is that when you buy an animal such as a puppy, you would expect that it was of appropriate temperament. The tribunal can definitely deal with issues like this so that is likely to be your next step. You don't need lawyers in the tribunal and you can make the application on mine

Customer
Thank you, ***** ***** the info I need, and I do appreciate the advice.
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Chris The Lawyer, Expert

I am glad to help

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