I recently sold three English Springer Spaniel puppies they had all been vet checked, wormed and had their first innoculation. I own both parents and ensure that they have regular checks and all required checks and innoculations are up to date. This is only our second litter and whilst I always prepare advice notes for new owners, including offering help in the future with the puppy and tips on feeding, training etc, I have never used puppy contracts. Two of the puppies I sold are fine and the owners are very happy, but one has problems with her eyes and the new owners vet is saying my vet should have picked up on the problem, when she was vet checked. Apparantly this could have been as a result of an infection my bitch had whilst she was carrying the puppies.
I sold the puppy in good faith and all her KC registration papers were in order, I feel devastated that this has happened. The new owners want a full refund and to keep the puppy, they say she may need an operation in the future and they cannot get her insured as the eye problem has been picked up so early.
We have refunded them most of the price, but I am not sure what usually happens, obviously if they wanted to return the puppy for a full refund, we would have agreed.
I just wondered what others would so in this situation, obvioulsy the new owners are entitled to some refund I am just not sure how much is fair, also I do  not know what to do about my vet, as I paid for two vet health checks and was told the puppies were very healthy, yet as soon as this puppy was taken by the new owners for a check her vet saw an abnormality with one eye. Has anyone else had any similar probelem and how have they dealt with them. Any advice would be greatly appreciated.   

I think the very first thing I would do would be to get the two vets in touch with each other. You need to give your vet permission to discuss this puppy and then tell the buyers to get their vet to phone yours.

A lot would depend on what the purpose of the puppy was sold for (anything more than a companion is unwise to sell any puppy as), and whether this problem will effect it's suitability for this purpose (is the fault cosmetic).  Not something that will have a lifelong negative effect on quality of life.

As you say the problem 'may' need surgery not will need surgery, it sounds like a relatively minor issue,a and offering to have the pup back would have fulfilled your obligation as it was noted right away.

I am guessing this may be an eyelid problem??  If so this if minor (your vet didn't notice)can self correct as a puppies head develops.

So I would not have given them their money back as they had chosen to keep the puppy.

I would have wanted the diagnosis in writing and a second opinion from an opthalmic vet, and if they insisted on keeping the puppy offered them the cost of the second opinion.

I am of course assuming this is not a problem either parent have shown themselves and could not have been foreseen, and that both parents have been eye tested (clinically or DNA as appropriate for each condition known in the breed) and are clear of any hereditary conditions?

Thanks for the replies, unfortunately the eye problem is quite severe, sorry I cut and posted my original post and missed some out. The puppy was seen by an opthalmic vet and probably has very limited vision in one eye and will probably gradually lose sight in the other eye, although its not conclusive at the moment. I have been given a copy of the report, which is very technical. They have suggested a reassessment at 6 months as the puppy is still very young.
Neither parents or any of the other puppies from this litter and the previous one have had any eye problems and when I got willow, the mother, I sought advise on a suitable bitch to breed with my dog, they both came from the same breeder, and we were very careful to ensure they were as compatible as they could be.
I think the new owner may have been thinking of breeding from the puppy, from what she has since said, and if the tests on her come back clear, may still use her for breeding. She has been told by the Kennel club, that as long as there are no hereditary conditions this is ok. I am worried about the puppy, although the new owners do have a springer and seem to care about her.
I am going to try to get the vets to talk to each other as suggested earlier and depending on the outcome decide what to do about my vet.  

Are the parents both clear from their eye tests, although the vet is saying it is from an infection in the womb I would want to be sure this was not a hereditary matter as it would effect your future breeding and that of any of the siblings.

I would take a copy of the report that is already available to your vet who checked the pups for advice. Did they share with you what infection your bitch supposidly had to cause it.  You could ask your vet this and why not all pups affected.  They very easily told you it was an infection.  Have they showed you the pup.

If they want a ful refund, i would tell them to hand the pup back ( it could be a bit of a scam).  Maybe tell them to take it your vet for a follow up to enable your decision on what's best.

like Nova said it could affect your future breeding with these dogs.  Hope you get a resolution soon.

Am a little worried that although there has been no eye problems in the dam or sire that they may both be carriers. There may or may not be a test available to check if an animal is clear I would be wanting lots of information as to exactly what is wrong with this poor pups eyes.

I agree if this is one of the eye problems that there is a DNA test for or one that the parents have not had clinical passes from to show they are unaffected, then it does alter the possible responsibility of the breeder.

Sorry to hear of your dilemma. What I don't really get is that they want a full refund but may breed from her if the tests come back clear. Free puppy!!!! Although I am a great advocate of the fact that anything I breed is my responsibilty for its lifetime I think I would have to think long and hard about this one. Did you put breeding restrictions in place? If so, then I would put it in writing to them they can have  a full refund as long as she is never bred from and that you will not lift the restrictions under any circumstances. Then follow that up with a letter to the Kennel Club and give them a copy.

Can you expand?  What do you mean they ( the parents) have been vet check have the actually had their breed recommended health tests done?

IE from the KC site

Spaniel (English Springer) Eye testing 1) Hip scoring 2) DNA test - fuco 3) Eye testing - gonioscopy only  Has the eye tests been done?

Was the puppy sold with endorsements?

Did you get a receipt for the partial refund and what % was the refund if you don't mind me asking. I Don't need to know the amount just the %

Really what you should have done was offered to take the puppy back and refunded the purchase price in full. Signed agreement between the two parties.

IF you offered a refund but the wanted to keep the puppy , you could offer either a partial refund or whole refund BUT you would need to have an agreement signed that the puppy is their total responsibility now and shall never be bred from ( hoping you did that in the first place anyway with endorsements)

Does the KC still register puppies from untested parents IF there is stipulated requirements? 

Blue the requirements are only for ABS. I think the only exception is Irish Red and Whites that cannot be registered unless parents are tested.

I wish the KC would smarten up their act with this.  I have the feeling these may ( I do so hope I am wrong) be untested parents. I know the buyer is partly responsible for checking but as a breeder we must make sure everything is done.

I don't know if most of you know this but generally you are only legally responsible for up to the purchase price if the person keeps the puppy the new owner will take over responsibility for future cost BUT where you ignored things like health testing on a breed that require it you MAY find yourself responsible for the refund of the fees spent but generally only up to the notification point.

> Did you put breeding restrictions in place? I

The breeder is required to have the new owner sign that they are aware of restrictions, as the OP says they did not use a contract chances are they either did not endorse or not endorse properly and the new owner would be able to have them over turned, hope I am wrong.