Hi all, I have purchased a Cavoodle with a registered breeder yesterday.
Due to a change in circumstances I want to return the puppy to breeder and breeder is refusing to pay any percent of amount that I paid.
I would like to understand what my rights are here. Many thanks for your input here.
Thank you
You are wrong.
Please see Animal Welfare Code of Practice Breeding Dogs and Cats in NSW. It mandates under section 9.1.1.7 "If within 3 days a dog or cat is not acceptable to the purchaser for any reason, the breeder is required to take the dog or cat back and refund 50% of the purchase price of the animal. This guarantee must be provided in writing to the purchaser at the point of sale."
But OP didn't say that there was anything wrong with the dog, rather a change in their own personal circumstances.
I doubt that OP's personal circumstances changed substantially in just 24 hours. They've probably got buyer's remorse cos clearly didn't consider it well enough and definitley not fit to own a pet.
Shouldn't any reason fall under "any reason"?
@AustriaBargain: No, that would be written as a "cooling off period". Many pet shops or adoption agencies offer a 3-7 day cooling of period provided in writing, but its not mandated.
Consumers are protected by a consumer guarantee that the product or service you purchased will work and do what it’s meant to.
If you buy a pet based on a specific description such as breed, sex, vaccinations etc, your pet must match the description and be suitable for any purpose advised or advertised by the breeder or seller.
https://www.fairtrading.nsw.gov.au/buying-products-and-servi…
Buyers remorse implies they don't love the dog. Surely what's best for the dog is to go to a loving home. Some people have the opinion of "Well too late now, you're stuck with it. Should have bought it if you didn't want it"
Imagine the ramifications if that applied to foster children.
The "any reason" and you lose 50% sounds best for the dog and hopefully teaches the buyer a lesson.
But OP didn't say that there was anything wrong with the dog, rather a change in their own personal circumstances.
"Any reason" would imply that a change of circumstance is an acceptable reason.
@Cyphar: Yeah, I was just replying to the "Buyers remorse" comment. I wasn't getting into what constitutes as an "any reason"
I'm sure it's a messy grey area full of personal opinion and judgement. It's cleaner to just remove the human component and just ask what's best for the dog. He might be the best possible owner this dog could ever find and his self-doubt is making him question his ability to care for it.
We just don't know.
Why is this comment getting down votes?
I am assuming this clause is most likely not given by the seller due to people will return the animal for any reason.
"This guarantee must be provided in writing to the purchaser at the point of sale."
If it wasn't given then maybe there's a chance of a small claim dispute?
The Code only applies to registered breeders part of a registered organisation. Registering is optional in NSW.
$5 says OP is wrong.
The code says is applies to everyone selling animals for money, so I don’t think it is only registered breeders.
@Typical16-bitEnjoyer: I read schedule 1 as, the code applies to a pet shop selling animals, and a breeder selling pets for money.
So an individual can sell their pet for money without the code applying, and they could breed animals and give them away without the code applying, but if they breed animals to sell it does apply.
Is your reading that the code doesn’t apply to informal breeders selling animals? I guess you could say we have these puppies as pets, and now we are simply selling them.
@Typical16-bitEnjoyer: Are you saying OP didn't buy from a business? Would be hard for the breeder to argue that if they are breeding dogs to sell for money, different if they are giving away a one off litter or similar.
@mskeggs: Are you saying OP bought from a business? Pretty easy for the breeder to argue they are not, considering 'business' is clearly defined by the ATO and easy to avoid being captured.
@Typical16-bitEnjoyer: Fair enough. I guess if op had called about the advert they would be told "oh yeah, we are a registered breeder, we have been doing this professionally for years, selling forty or fifty puppies every year."
And if the ATO called they would be "oh, we just love dogs so much. They cost us a bomb so we are forced to sell a few puppies here and there when we can't afford to keep them."
Meh… it's a code on conduct. Nobody is going to enforce it.
It's hard enough to get enforcement on clear cut cases of animal cruelty let alone what is essentially a monetary dispute.
That’s what I thought too, but reading it says failure to abide by elements marked as “standards” can attract penalties under the act, and the 50% refund within three days is one of the standards.
Getting the DPI to mount and enforcement action might be tricky, but it does seem OP is entitled to a 50% refund.
/Thread..
Why would you have any rights in this situation?
because the LAW says you have or have not rights
Try Gumtree
not sure if this is a serious post,
you wanted it, they gave it to you, you paid contract formed and fulfilled.
Now you want to back out. Hell no. You wanted the steak, you got the steak, the steak was as per your specifications and now you decide you're a vegetarian after getting the steak which was clearly advertised as MEAT. Id tell you to scram
Please note: this is a metaphor, your new dog is not a steak.
Better a metaphor than a meaty paw…
That pun's a little ruff.
If circumstances for ownership of a dog changed in 1 day, sounds like you didn't thought about it enough
Have you heard the phrase "a pet is for life, not just for Christmas"? That.
Have you heard the phrase "a pet is for life, not just for Christmas Star Wars Day"? FTFY
This is the way
The way, this is.
Feisty one you are
Now this is where the fun begins
Hello there!
Mini Chewbacca?
Poor dog
I clicked into this thread hoping for a juicy story of someone buying a house then regretting it.
But now I feel sad.
Get a dog.
Do you know anyone looking to sell a dog?
I have purchased a cavoodle with a registered breeder yesterday.
and due to change in circumstances I want to return the puppy to breeder and breeder is refusing to pay any percent of amount that I paid
I would like to understand what my rights are here.
Really! O.P. Member Since 20/02/2017 SMH (Not Sydney Morning Herald)
Sex May Help?
That too.
not with the dog though
Right after we get to guess your IQ.
nice tin hat
Lol, even with physical goods, change of mind isn't a reason for a return under law.
why not see if you can 're-home' the puppy?
Considering the overly expensive price of cavoodle's you'd likely be able to re-home it for a fair % of your purchase cost.
If the breeder is currently at 0%, i'll start with an offer of 25% of the breeders fee to re-home it (kids have been asking for a new dog since our last couple of very old dogs left us over the last couple of years) :)
Is this still available?
Oh man, it's been a bad week reading about dogs. I'm not even a dog fan but totally disturbed by that yank politician who shot her puppy and now this galah.
and now this galah.
Don't besmirch galahs.
Leave the besmirching for sulphur crests, aaarrrrkk aaarrrkkkk
.
wtf???
As a diehard vegan I sometimes still want to try dog meat before I die.
Can you recommend a place that serves the right thing?
@holdenmg: In my teens I saw a movie with this and it wasn't pleasant. Should be illegal ( I think it was / is) - the dogs are not capable of providing consent even if they didn't seem to not enjoy it. I think the actors were on drugs.
@afoveht: Good question. On my last visit to Vietnam my last landlady insisted that I try it and gave me a map to where I can find the best dog meat restaurant in Ho Chi Minh. As I came closer to that restaurant I saw all them sad looking street dogs begging me to take them home so I turned around.
But throughout the 1960's many countries in Europe would occasionally eat dog, sometimes even cat meat. Horse meat is still common today.
Things change fast: The keeping of smart marine animals like dolphins and orcas gets very restricted and for good reasons so. If you want a small dog get a maltese, midsize a common poodle or terrier and large from a rottweiler to a great dane.
dog meat restaurant
Youv wanna take it while you're eating? IMO sounds even more confusing than perverse.
Here I am thinking what an average weekend it's been on the forums then this nugget appears with less than 7 hours to go.
FFS.
We still have an entire day more of the weekend here in Qld. Plenty of time for more lunatics.
I forgot to add that there is no such thing as a "registered breeder" for cavoodles.
They are a cross-breed and not recognised by Dogs Australia, which is the body that sets the standards for purebred dogs in Australia.
You really need to do some research when you want a companion that will be healthy and happy.
I was looking for someone to point this out. Cavoodles are Cross-breed, and there's no such thing as a "Registered Breeder" under Dogs Australia.
Most breeders, I mean proper breeders, would be happy to take the puppy back or help re-homing the puppy as the welfare of the puppy is of utmost important to the breeder.
Source: I'm a registered breeder
Thought this was pam for a second.
You bought a dog, it's now your dog.
OP didn't think that they take a fair bit of time. heaven forbid they have a kid "What's the rights of a mother who's had a change of mind on kids"
No takesies backsies.
Once you move the Chess piece and take your hand off, the Cavoodle is yours for life
@Mintee your thoughts?¿
No mention of ACCC yet🤔
Chargeback…
Did the purchase track with shopback?
ACL?
Dept of Fur Trading?
Mock fur?
You were sold a Pup.
You have the right to remain silent. Exercise it
Call your lawyer and ask for a consultation in order to get your money back, but make sure the lawyer knows you do not want to pay them for the consultation when you speak with them.
Good luck as you will need it.
"Will work on contingency. No money down."
However, Hutz insists it is a misprint and fixes it to read
"Will work on contingency? No, money down!"
Hopefully you paid via paypal…. /s
Just make sure you never decide to adopt a child.
I told the wife i was buying a dog and she said do what ever you want.
Apparently that didnt include the Cavoodle breed.
Waiting for the classified add, but can you please offer a cooling off period as i may have a change of mind.
Poor puppy!!!!!!
LMAO
What was the change in circumstances?
Kept me awake all night and the puppy did a wee on the new carpet.
Don't listen to people on here. They are giving you the wrong information.
Please see Animal Welfare Code of Practice Breeding Dogs and Cats in NSW. It mandates under section 9.1.1.7 "If within 3 days a dog or cat is not acceptable to the purchaser for any reason, the breeder is required to take the dog or cat back and refund 50% of the purchase price of the animal. This guarantee must be provided in writing to the purchaser at the point of sale."
Is a code of practice a guide or a legal requirement?
This guarantee must be provided in writing to the purchaser at the point of sale
What if OP was not issued this?
Legal requirement, found on page 3 of the Code: The information contained in this publication is a Code of Practice prescribed under the Prevention of Cruelty to Animals Regulation 2012 (the Regulation). People involved in the business of breeding dogs and cats are reminded that compliance with the standards specified in this Code is a requirement under that Regulation.
It's not a legal requirement. It's a Code of standards for registered breeders of specific registered and recognised organisations. It doesn't apply to all breeders.
In that case, assuming that OP bought the pup in NSW - if I were the breeder I'd be only too happy to take the pup back, refund the 50% required under the code, and onsell the pup for full price to the next buyer.
Hid did not buy a breed. He bought a hybrid!
It is not really a "hybrid".
All domestic dogs are the same species, a hybrid is the offspring of two different species (and the breeder is certainly not crossing a dog with a wolf, coyote, jackal, fox or other other animal).
A breeder can still breed two different purebreed dogs and the offspring will be a (crossbreed) dog.
What would I get if I combine a Bulldog and a Shih Tzu? Asking for a friend.
/$
Breeder is forgoing on opportunity to make a bit of money (value of the puppy hasn't really gone down yet) and take dog out of a potentially bad living situation. Sounds like a bad 'registered breeder'.
When I got my dog it was 75% refund within 2 weeks then 50% for another 4 weeks. This was all written out weeks before we got the puppy.
Zero.
If the puppy is as advertised then that's it.