My brother bought a pup from a private seller .. all seemed well , nice home and family - breeder was experienced and both (dog)parents were seen.
As his pup approached 5 months - the puppy became ill with kidney problems . Sadly the puppy died a few days later..
my brother is devastated .
The vet suspects renal dysplasia.. after treating the poorly puppy and doing an ultrasound.
My brother contacted the breeder and he said he was very sorry for what had happened . My brother thinks the disease was congenital . Can he claim money back from the breeder for selling a puppy that wasn’t ‘fit for purpose’ ?
The breeder had refused as he says he sold my brother a healthy puppy . Any advice would be appreciated. Thanks .. Jane

Very short answer - absolutely not. There is no requirement for puppies to be "fit for purpose".

Unless he has a Sale Contract to specifically say the puppy is covered by such a refund for what is an extended period away from the breeder, I'm afraid he is not likely to be successful in getting any kind of refund.   And taking the breeder to Court, very unlikely not to cost your brother even more money I'm afraid. 

Did the puppy come with a Health Cert. from his breeder?  It really is impossible for a breeder, PROVIDED they sold a 'healthy puppy' with a Certificate of Health, to be responsible for a sad death like this, later on.   Did your brother take the puppy to his own vet within the first couple of days?   And if so, did his vet sign him off as 'healthy'.

I think that once the shock of losing this young pup becomes less accute, your brother will realise this.

Nope. If the puppy was healthy at time of sale that’s all that matters. The breeder has done nothing wrong.

Firstly is this a breed that is prone to RD ? Was an autopsy done to establish if the condition was present ?

Is there a DNA test for RD ? answer is there is no creditable DNA test for RD.

So the parents cannot be screened & it is up to the buyer to research the breed regarding RD before buying a puppy.

It is different for conditions for which there is a KNOWN genetic cause & for which there IS a creditable test available. The buyer can establish that the parents have been DNA tested or not from certificates, online records & microchip/tattoo records, before buying.

More complex conditions like HD, ED , epilepsy(there are some breeds for which a DNA marker gene has been found)etc there are some clinical tests available, but unlike DNA tests these are not proof the puppy will not develop the condition, but there are no foolproof methods for breeders to prevent the condition from being present in their puppies.

I don't understand the term"private seller"when applied to live animals. You buy puppies from a breeder, regardless of whether the breeder is a pet owner, hobbyist or commercial breeder.

There are trading standard laws that differentiate between a commercial seller & a private seller, but whether or not this applies to live animals is debatable as there are specific Laws that cover the breeding & sale of  live animals separate from Trading Standards legistation.

Didn't your brother insure his puppy ? What purpose did he buy the puppy for ? Does he have a sales contract with the breeder ? Did he tell the breeder he wanted a puppy for a specific purpose ?

To establish whether something is "fit for purpose" is difficult without knowing what the purpose is. It's not like buying a car which breaks down on the way home & can't be driven, obviously you buy a car to drive, if it can't be driven it's not fit for purpose. But if the same car breaks down 5 months after purchase it is more difficult to prove.

If you buy a dog as a puppy to work sheep & it turns out to have no interest, it may not be fit for purpose, but there is no way a breeder can know that at 8 weeks & you have no recourse to law.

How sad for the puppy to die so young, but as for recouping his losses(purchase price + vet fees I presume)for a condition for which there is no means of screening the parents 100% before breeding for is nigh on impossible, especially if no undesputable medical evidence exists, only a veterinary opinion.

What breed? There is a DNA test for FN for cockers, springers and their crosses.

http://www.laboklin.co.uk/laboklin/showGeneticTest.jsp?testID=8131D

Thats if its renal failure. But if not these breeds or crosses then there is no test.

The vet diagnosed Renal Dysplasia not FN the two are not related & there is no creditable RD DNA test

If pup was insured you could have got your money back - a lesson to all insure - even if for a year

You'd need to add to the insurance, to recover the purchase cost of the dog, should the worst happen.

Ah ok Tommee.. thought it was a form of RD yhe FN when i was reading