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Topic Dog Boards / General / Legal Implications?
- By orjack Date 10.01.08 11:05 UTC
This morning looking at puppy adverts for my breed on certain website I have come across an advert for a  5 week old puppy described as: 'Will have suberb nature' (because mum and dad do) and the worrying bit 'This puppy is SHOW QUALITY'. I don't show but I would not have thought that it would be possible to acurately predict at this age that a puppy is show quality. Legally speaking, if the puppy turns out not to be of show quality and of poor nature (given that it is raised properly), what would be the outcome if someone buying the puppy found that it did not conform to the required standard?:confused::confused: Meant to add, I saw this ad at xmas when the puppy was only 2/3 weeks old with the same claim.
- By perrodeagua [gb] Date 10.01.08 13:17 UTC
There's no way that you can ensure that the pups will be show quality at that age in my opinion :rolleyes:  You would hope that temperament would be good due to the parents but as we all know this isn't always so!
- By shadbolts [gb] Date 10.01.08 13:35 UTC
I would assume that it is pretty difficult to know that a dog is show quality until it is reasonably mature, but if the dogs pedigree is good with a number of proven show quality dogs / bitches in there you could argue that there is a reasonable chance it would be show quality?

Legally I suspect you are potentially on dodgy ground stating the dog is show quality and that a buyer could potentially ask for a refund and return the dog if it wasn't show quality.

I think the ad should say something like "from a proven show pedigree" etc
- By Blue Date 10.01.08 13:32 UTC
There certainly can be legal implications if the puppy is sold based on this information.  "Potential" is all the wording you need to say it looks a potential good one but baring in mind it is too soon to guarantee.
- By hayley123 Date 10.01.08 15:08 UTC
i agree with blue if you put 'potential' in an ad and the pup doesnt turn out as good as hoped there will be no legal implications but putting 'show quality' is a whole different ball game if the pup turns out not to be
- By gummy Date 10.01.08 14:12 UTC
this is another example of what some hobby/backyard and the more unscoupulous breeders can do in wording their puppy adverts. merely using the words 'show quality' can mislead joe public into thinking there is something special, something better in this puppy than all other advertised litters. It is an effective marketting ploy as some people will be deceived.
the pups pedigree may well have a lot of red names on both sides but that does not guarantee show quality pups.
i would wager that any resultant puppy sales contract will limit the breeders exposure to a claim for misrepresentation, but then i am a cynical person
- By lumphy [gb] Date 10.01.08 17:19 UTC
Isnt any pup show quality its whether or not it is placed thats the problem.

Now a honest breeder would say yes it is show quality but I wouldnt show it because ....................... and explain the reason why. There is nothing stopping someone buying a pedigree pup and showing it in a class. It can be disqualified for various reasons but correct me if I am wrong not for being a poor specamin of the breed.

Some breeders wont show a dog with a slight fault were as others will take it out because it is a fun day out and they enjoy the whole dog showing experience. If they are placed great if not what the heck it was fun.

Hope I am making my self clear here lol

Wendy
- By LJS Date 10.01.08 17:20 UTC
Wendy excatly what I was thinking :)
- By tooolz Date 10.01.08 17:42 UTC
Many breeders will say that the buyer " will have a bit of fun" with the puppy when refering to a show prospect so I suppose it depends on your idea of 'fun'.
- By Blue Date 10.01.08 22:42 UTC
Isnt any pup show quality its whether or not it is placed thats the problem.  No :-)
- By Merlot [in] Date 10.01.08 22:48 UTC
I always have a statement in my contract that says "No guarantee is given or accepted for the show quality of this puppy" They all come from good stock but who knows what maturity will bring?
Aileen
- By Blue Date 10.01.08 22:47 UTC
Now a honest breeder would say yes it is show quality but I wouldnt show it because ....................... and explain the reason why.

If there is a "because" and the breeder wouldn't show it then it isn't show quality IMHO.  

I think an honestly breeder would say, it is a nice enough puppy as perhaps a foundations bitch where the purchaser could show the puppy possibly around open shows and get on their feet but that to me is honest and totally different from saying it is show quality.  

A show quality puppy is something you feel would compete well in the ring. 
- By JeanSW Date 10.01.08 23:53 UTC
I am very interested in this thread.  One of my two breeds goes through a lot of colour changes.  I have heard people showing a dog, and saying, he's a XXX colour on his papers.  The breed is known for this.  I have lost count of how many ads I've seen on dog sites, stating BLUE, AND WILL STAY BLUE.  I have often wondered if this sort of advert contravenes trading standards.  Last summer when someone came and chose a blue pup, I said, don't have him if you'll be disappointed if his colour changes.  The one lady said, I really wanted a pale colour, the other said it didn't matter.  I received a Christmas card, with photograph of a young fawn dog!!  As they stated how thrilled they were with the coat, I was happy, but I still think I did the right thing by giving them the chance to say no.  Does anyone know if it's technically legal to guarantee colour on a breed that is known to change dramatically?
- By Blue Date 11.01.08 08:25 UTC
It is like anything if you guarantee it to be of a certain standard, colour etc and it does meet the standard of the guarantee through no fault of the purchaser then you are entitled to resind.

I am not sure what breed you have , I also have no experience of your breed but I would imagine with most breeds someone really experience would probably know their lines well enough to say the expected end colour HOWEVER these are not generally the people advertising on these sites as they already have a demand for their puppies.
- By Twirly [gb] Date 14.01.08 11:16 UTC
The problem with trading standards is, to get anywhere you need to do what you do with any faulty goods, and return them.

How many people would return a puppy and ask for a refund becuase it didn't do well in shows? Or even had an iffy temperament? I know I wouldn't.
Topic Dog Boards / General / Legal Implications?

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