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California Puppy Lemon Law... Please Help!

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Please don't come after me... I have seriously done everything I can think of. Please only respond with genuine help. I have been through the ringer. I am in California and so is my breeder.

8/21 - bought two puppies (brown and black) from breeder, I thought I chose a legit breeder. Hindsight reveals that I did not. I bought 1 though Good Dog, the other with cash.
8/22 - puppies started to scoot and show have soft stools and lose shape when picked up. I texted this to the breeder. She says take to vet and then tell her the outcome.
8/25 - vet appointment and fecal sample submitted, fecal float test completed.
8/26 - positive giardia, I inform breeder, pick up the meds. 5 days panacur. CLEAN EVERYTHING constantly, including the puppies. Separate as much as possible. Do as much as possible with butt wipes, feet wipes, and washing both pups on last day of tx. Submit another fecal within the 24-48 hour window. Breeder states the giardia likely came from her home due to the short period they were at mine and showing scooting the second day at my home.
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8/29- I text breeder that the black puppy dribble when peeing and then minutes after being wiped with toilet paper, his penis is wet again. This would occur multiple times throughout the day despite hourly taken outside to urinate. She would later tell me in person this is just his personality and dogs urinate or defecate differently, some just don't squat.

Approximately 9/1 - Fecal tests submitted again for the two puppies, fecal float tests positive AGAIN, now both giardia and coccidia. Second round of 5 days of panacur and the coccidia medicaiton starts. Either picked up meds on this day or next.

Repeat the process. Lots of cleaning, to the point both my and my spouse's work life has suffered- we are doing round the clock cleaning inside and outside the house and of the puppies. My company let me work from home.

9/3 - report to both breeder and vet that the black puppy pooped out mucus with blood in it. I'm not sure if she has deleted her text response to this or if she called me at this point. We had a lot of phone calls. We ask for a copy of our contract as she had not given it to us until I asked for it. She sends via text.

9/8 or 9/9, submit fecal to my vet, third time.

9/10 - third fecal float test, positive for giardia and coccidia. Breeder agrees to take back ON THIS DAY and must be this day because she is leaving for Hawaii on 9/11, she returns 9/20. She will get meds from her vet and have her dog sitter take care of it. She is confident she can get rid of it.

I don't bother her while she is on vacation but I think about the puppies constantly.

9/21 - she texts that the puppies stools "look great". She took to her vet to get tested again. I don't know which date that was off hand, but she reports the tests were positive. She treats a second time under her care. She states, however, that test can continue to come out positive long after they have been exposed. Ignorant me at the time did not know the difference or aware there were fecal float tests and an antigen test. Hindsight, her vet also did the fecal float test.

9/26 - we pick up the brown puppy because he was always the more robust of the two, and believed her that the tests can show up positive long after they've been exposed. We figured if they're separated this time, they have a better chance of healing. She tells us to give them a break from medication as the puppies can rid themselves of giardia if they are still positive. She reports that the coccidia is now negative. 2 treatments were completed under her care (the second one the gave us the remaining two vials to finish treatments).

At this point, the puppies were treated twice under my care, twice under her care.

10/1 - I text breeder that I decided not to take the black dog back. Considering how he wouldn't eat much, laid around often, and leaked urine, and pooped mucus blood, I considered him unhealthy. She states she can only return to use the dollar amount that she sells him for.

I ask how can she sell a dog with giardia, she says she can as long as she tells the buyer that he has it and it will rid itself with a vet note.

We eventually agree to get back 2000 of the 2500. I see that she has sold him now for 2150 on Good Dog. I think this is unfair but at the same time, I want this over with so I agree to a bad deal. I did not know about the lemon law at this time. This is also the dog I paid cash for. Its my understanding that if Good Dog knew about this, they would not allow her to sell on their site anymore. I don't use this as ammunition because I think it would be a D*** move.

We still have the brown puppy.

10/6 - fecal sample submitted.

10/7 - positive fecal float test for giardia. 5th round of panacur starts, now for 10 days, plus antibiotics. Now the puppy is peeing in our house which he did not do the entire first three weeks we had him though our potty routine has not changed (I use Zak George's techniques for puppy training). Last day of panacur will be 10/16.

Breeder has: sold more than 3 litters in the last 12 months, did not provide me with the ca laws of return, and knowing sold to another buying, the black puppy who tested positive for giardia.

According to the Ca laws, I can get one of three things since I have notified the breeder in a timely manner AND vet visit and tests confirmed within 15 days of having the dog:

  1. return puppy and get back full price plus tax and vet fees up to the price of the puppy
  2. Keep dog, breeder pays all vet fees.

Anyone know how good my chances are? Any advice? Anyone have success with this?

Location: California

submitted by /u/YamAcademic6185
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