Jill
River Heights,#2REBUTTAL Individual responds
Sat, February 17, 2007
When Tiny Tim left my home he was very healthy, happy and active. So many people at the airport commented about how beautiful he was. When Tammy made this accusation to escrow.com I was so SHOCKED. Escrow.com did an investigation that lasted about 6 months. During that time Tammy would not release her vet's information to me or my Veterinarian who inspected Tiny Tim before departure. We asked her several times for her Vets information so we could verify what was going on with Tiny Tim. Tammy said quote "It is none of your business!" I feel Tammy was trying to get Tiny Tim for free. After escrow.com finished their investigation they found me not guilty of charges made by Tammy. The money was then released to me on January 4, 2007. Here is the receipt and seller closing statement from escrow.com: Thu, 04 Jan 2007 17:48:24 "GMT" subject #371814-295786 Yorkshire Terrier - Yorkie dog for sale - Closing Statement mailed-by escrow.com Escrow.com 16251 Laguna Canyon Road, #150 Transaction #371814 Irvine, CA 92618-3603 Escrow #295786 (949)790-5810 Closing Date: 1/4/2007 (949)790-5801 Fax Ref: Yorkshire Terrier - Yorkie dog for sale SELLER CLOSING STATEMENT Buyer: Seller: tammy melvin davis Brandi Hoggan [email protected] [email protected] Debit Credit ------------------ ------------------ Item(s) $975.00 Shipping $0.00 Seller's Proceeds $975.00 ------------------ ------------------ Total $975.00 $975.00 Thank you for your business! We hope we can assist you with any future escrow needs. -------------------- Escrow.com [email protected] 888-511-8600
Tammy
clarendon,#3Author of original report
Thu, July 06, 2006
Thanks all for the advice, I have taken it but still fighting. I have contacted Utah State Vet Ethics Committee, Utah state humane society for animal cruelty, the utah state police, cache county sheriffs dept (that's her county I found out), the dept of agriculture, the city hall, attorney general. Well I have now found out the two womans names are sisters, the vet is just a close personal friend, the address is their parents not theirs, and utah does not have a lemon law. I have found out through the sheriffs dept i am the third complaint in two months from people in other states who they have scammed. These three complaints were through one officer, who knows how many others officers took complaints. So I have uncovered for sure a puppy farm and this is not new news but now they say they can persue full force with criminal charges hopefully. The escrow co as of today has not released my funds yet because of kind heart and a pending investigation. Little Noodle (that's what my daughter named the little guy) is absolutely spoiled. he has gotten more love and attention in the last 7 days than probable his whole life. I have him on a ton of medication trying to get him to respond to be a little better, but now he has starting having blood in his feces. He is so beautiful and loving. He is so kind spirited for what he has been through, it is breaking my heart and I want to spend every minute of every day with him giving him love just in case his last few days are wonderful for him. How do I post a blog, I've never done it? But I want to for sure. By the way when the vet examines a pup for flight all that is on the health certificate is temps it can fly in! Is that a bunch of bull or what! Keep the advice coming it really helps, and to know I am not alone. I am going to get a hold of television station tomorrow. GOOD IDEA THANKS. I will keep you all updated, tammy.
Ann
Springfield,#4Consumer Suggestion
Wed, July 05, 2006
Apparently there are seventeen states that have "lemon laws" concerning sales of pets. According to what I have found on one organization's site that supports stopping puppymills, Pennsylvania--Owners of USDA and PA licensed facilities, and pet shops that sell dogs must have the animal checked within 21 days prior to sale. If the dog becomes sick the buyer may return the dog for a refund, exchange the dog, or receive veterinary costs up to the purchase price. Length of time for guarantee of no congenital or hereditary disease: 30 days. I'd say you are in a real pickle. By accepting the dog and releasing the funds in escrow to her, you are rewarding her for sending a congenitally defective puppy. By accepting it after it has been checked by a vet and acknowledged to have the severe grade heart murmur, you are then saying, "Yes, I know it has a heart murmur but I am accepting it anyway." It would be hard to come back to her for a refund, etc. or trying to recoop vet expenses. Does the escrow service act as a "go-between"?? If you offered her half of the price of the dog because of the defect, would that work? Hmmm...just a thought. I'm like you, it would tear my heart out to send him back to her...she'd just try to pass him onto someone else who didn't know about the heart murmur. I would contact the vet that is named on the health certificate...she may have doctored the health certificate or even took a healthy pup in for the checkup. They are required to have a health certificate to fly and the vet does listen to the heart. I would think that it would be a state offense to doctor the form as if it was okay and it wasn't. Is this breeder state licensed? I would report her to her state for investigation...also call USDA. I would try to seek revenge in that way or keep posting on blogs or topixdotnet etc. Call the local news crews to see if they are interested in taking on the story. You might just write this one off as a learning experience but keep saving your pennies for another healthy one just in case this one doesn't live a full life. I've had dogs that have had a 1 or 2 grade heart murmur and they do just fine. With the severe cases, my vet says they just "fade away". I wish you the best of luck and hope that you will post again so we know what happens with this puppy and the crooked breeder. You might spend the money for an attorney consultation as she has misrepresented the dog from point ONE. Take care!
Rob
Clinton,#5Consumer Comment
Tue, July 04, 2006
I'm so sorry this happened to you. My wife and I have bred both Shih Tzu and Yorkies for over 15 years. One thing I always suggest to pet buyers is they watch for signs of an unscrupulous breeder. First anyone who uses the term teacup to describe a dog is usually unscrupulous. This term is NEVER used by reputable breeders. Read the AKC standard for the size of the particular breed. Any dog weighing less than this is likely unhealthy. The reason for the weight standards is to ensure the dog is of a healthy size. Next I recommend not buying by looking at picture posted on the internet. Many unscrupulous breeders may put pictures of a different dog than what they are selling on their webpage. Always go to the breeders home and see the dog. This way you can see the dogs living conditions, inspect the dog prior to purchase and see the parents. Although estimating size at maturity is not an exact science you will get a pretty good idea of how large the dog will be when mature by looking at the parents. If the mom is 9 lbs and the dad 7 lbs. you can pretty much guarantee you are not going to get a 3-4 lb Yorkie. I have a 4 lb Female and a 2.5 lb Male and they have never produced a pup that weighed more than 4 lbs. I can usually guarantee this only because I have kept in touch with buyers of our puppies and they have told me how much the dog weighed at maturity. Any way good luck, unfortunately your unlikely to get any relief in Utah because they see most animals as livestock. You might want to try whatever state the purchase took place in
J
Sioux Falls,#6Consumer Suggestion
Mon, July 03, 2006
I understand your feelings. My first Shih Tzu puppy had a lot of health problems. My husband got her for me as a Christmas present, and though many of the problems were evident from the start, I didn't have the heart to send her back to the breeder. Unfortunately, this sort of thing goes on all too often both on the Internet and off. My suggestion is this: First, this poor pup didn't ask to be brought into this world, and may not, from the sounds of it, survive a trip back to the breeder. No one would judge you if you decided not to keep the pup, but I personally would keep it, go ahead and pay for it since that's the terms of the contract. At the same time, I would start work to shut her down. I would write to the Attorney General of the State of Utah, enclosing all correspondence, contracts, and vet reports, apprising him of this situation. It doesn't appear that Utah has a pet lemon law, but this may fall under some other law, such as one covering the sale of "defective merchandise." I also would write to the Utah Humane Society, which appears to be very active in persuing cases such as this. If she is breeding a lot of dogs, she may have to be registered with the USDA. I would try to find this out, and if so, file a complaint about her to them. Finally, I would file a complaint about her to the American Kennel Club. Again, if she's breeding a lot, they should be inspecting her facilities from time to time, and can fine her if she is not in compliance. Also, write to the Yorkie parent organization. She may not be a member of this group, but it wouldn't hurt to see if they have any advice to give you too. In all of these correspondences, I would remain very professional and include all pertinent documentation. Remember, your goal is to shut her down so she doesn't keep breeding if this sort of thing is typical for her. Finally, I would set up a blog on the Internet, telling Tim's story and showing pictures of him. I'd post his progress or lack of it and invite other people who have had problems with this breeder to post their experiences as well. Work hard to get links to other websites and submit your blog to the major search engines, so that your blog will show up when others go looking for this breeder or for a puppy to buy. In the meantime, enjoy little Tim while you have him. Sometimes, these little dogs can truly astound us. My first Shih Tzu had extremely poor health and she lived to be 18 years old! Good luck!