Sequence of events as documented by Rebecca (Beca) Zaun:

Thursday, May 1 - I received an email from a friend about the availability of the "pick" black male from the Patton's litter. The puppy was highly recommended to me by someone who knew the Pattons and had already seen the pup. I expressed an interest in seeing pictures.

Friday, May 2 - I received an email from my friend with pictures of the black pup, Brady. He looked to be a VERY nice black boy. (See photos of Brady & Goldie, the last bitch available in the litter)

Saturday, May 3 - I received another email with more recent pictures of Brady. I really liked what I saw. I researched the pedigree as much as I could. Liked what I found out. An almost all champion pedigree. I figured what the h*ll. Another show male would be nice to have. If he didn't turn out to be show quality after a while I would have another beautiful pet. And if he turned out to be as good as he looked in the pictures, perhaps I could even show him myself.

Sunday, May 4 - I contacted Sara Patton via phone, a very soft-spoken, pleasent woman. We had a very nice conversation. She indicated that the pup was most definately show potential. She said this pup was her absolute favorite in the entire litter and they wanted him to go to a home where he wasn't going to be just a kennel dog, but would be loved also. She seemed to like me and I thought she was just fine. They seemed to care about the pup, which was important to me. We decided this would be a good match. She said I could have 10 days to evaluate the pup to make sure he fit into our household. That sounded good to me. She said that since they were in MO, Mike could meet me halfway at Indianapolis to hand over the pup. She sent me the contract, I sent her a check. We spoke briefly on the phone during the next week to arrange a meeting time and place in Indy.

Saturday, May 10 - I drove to Indy to meet Mike and pick up Brady. I figured if I didn't like what I saw I could just turn around and leave without taking the pup. But I really like what I saw when he came out of the truck Very nice black boy with what seemed like a stable temperament; he wasn't fearful, was very curious about being in a strange place, and came right up to me like he already knew me. I gave Mike the signed contract and headed home. (See contract signed by both parties)

Everything was wonderful for awhile. Brady fit in well. He didn't know how to play when he got here but I took care of that in a big hurry. He has a very soft, gentle, happy temperament. Took him to conformation class, took him to work, socialized him, trained him....etc. I arranged my first show with Vicki Seiler as his handler. But as he grew I noticed that as his baby teeth came out, they were not being replaced with adult teeth on the bottom. I started to worry. I canceled his first show with Vicki and decided to have his mouth x-rayed just to be sure that all was ok.......

Friday, July 18 - Brady was sedated and x-rayed. Got a call from the vet in the pm. Vet said he had "no teeth." 6 missing premolars, 3 on each side on the bottom. I was in shock. I immediately emailed Sara the following:

********************************************

Hi Sara,

I'm afraid I have some bad news about Brady. His adult teeth seemed to be taking a long time to come in so I took him to a veterinary dental specialist and had his mouth x-rayed. He is missing a total of 6 teeth!!! Unfortunately he is not going to be a show dog.....which is a shame because he is just gorgeous otherwise. I'm just sick about it.

I really had my heart set on a show male. I have limited facilities....and I cannot keep him if I want to have a show quality dog. I would like to return him to you for a full refund. Brady is a beautiful, gentle dog with a sweet personality. I'm sure you can find him a wonderful, loving pet home. Like I said I am just sick about it. If you want to talk to the specialist I can give you his name and number, or provide you with a written report.

Please feel free to call me at your convenience to see what we can arrange.

I'm very sorry........

Beca

<Phone number edited out of correspondence>

*************************************************

She called me a little while later that afternoon and was as speechless as I was. Nothing was said about Brady's future at that time. I was at work and it was difficult to talk.

Friday evening, July 18 - I called Sara. I told her I wanted to return Brady for a full refund of my money. I expected no problem with this. I was hurt, of course, at the prospect of giving him back, but thought that would be the best thing for Brady.....to go back to the breeder. Sara told me they would refund me $1000 for a "pet"; their pet price being $1500. She told me they couldn't take the dog back because she had several dogs and, like me, does not have the "facilities." Said she has had missing teeth before but never anything like this. According to her all of the other puppies in the litter, according to their owners, have full dentition. The most she could do would be to "network" for a good home for him. She also mentioned that she's bought horses before that didn't turn out for show that she had "no recourse for." I said I had to think about this......I was still shocked at the whole thing, and her attitude kinda "threw" me. It was not what I had expected. I needed to take a step back and review my options.

Saturday morning, July 19 - By now I was pissed. I really felt I had been screwed. That's when I sent that angry email. And that afternoon I received the email from Mike, which I also forwarded to you. That one REALLY pissed me off. I didn't know what I should do. I considered the breeders unethical since I was under the impression that responsible breeders always take back their dogs. That has been my experience in the past. ALL the breeders that I had ever dealt with were adamant that their dogs come back to them if there were any problems. At that time I truly wanted to sell him to a good home. So I started contacting the lists with the "black male pup for sale." And then the sh*t hit the fan. And I started thinking how am I going to give up a puppy I've started to love so soon after losing my other dog. I was torn.

********************************************

Sara,

I have to say that I am actually dumbfounded about your response to this issue. I was so flabbergasted last night that I couldn't think of anything to say. Well I've thought long and hard about this now and here is what I have to say.

I feel like I am being taken advantage of as a novice. This is NOT horses.....it is show dogs! Yes, I know these things happen....but in MY experience ethical breeders ALWAYS stand behind the puppies they sell. And you came very highly recommended. I did not buy a pet...I bought a SHOW DOG. I paid $2500 for a SHOW DOG. This puppy has a DISQUALIFYING FAULT and cannot be shown. He has 6 missing teeth! Six!!! I want a full refund and to return the puppy.

To qualify your refusal to refund the whole amount and not accept your own breeding back by saying that no one else in the litter has missing teeth is irrelevant. THIS PUPPY is not what you represented him to be. THIS PUPPY is a $2500.00 pet!

I can understand not having "facilities" (because I don't have them either)......but in my experience responsible, reputable breeders will refund the money if the puppy turns out to have a DISQUALIFYING fault and is returned while it is still a puppy. I have only had Brady a few weeks. He is in perfect condition and has been well socialized. It's not like I want to return a damaged puppy or a 2-year old!

I could try to sell him myself but I am not a well known Doberman person. Who is going to contact me for a $1500.00 puppy? In Ohio, well bred Dobe puppies go for around $800.00. Why would you dump your responsibility to place your breeding on a novice? So I am I expected to buy a show puppy in good faith for $2500.00, keep him eight weeks, receive a $1000.00 refund, and take a $700.00 loss on a resale........that I have to arrange? I have no Doberman network. Do you expect me to put an ad in the paper? This is economically hard-pressed Toledo. Not Chicago or St Louis where there is ten times the population. I simply have no means of placing your breeding. Your solution is extremely untenable.

I am compelled to take measures that I find to be extremely distasteful. If I do not receive an email with a promise of an immediate full refund and arrangements to take the puppy back I will take the following steps:

1. I plan to contact all of the Doberman chat lines online to seek public advice as to what I should do.

2. I plan to contact the DPCA grievance Committee immediately and file a formal charge.

3. I plan to contact all of the new owners of the littermates to inform them of the situation so that they will know of the potential problem with using this pedigree in the future.

4. I plan to contact Mary Depandahl, Jeff Brucker and all of the other breeders from one generation back to inform them of the problem.

5. I plan to contact the IRS and inform them of the $2500.00 charged for all of the other show puppies in the litter. Just to make sure that you have properly claimed the income from these puppies.

I am so upset that I cannot think of all that I can do at this point. To think that you would not take a disqualifying puppy of your breeding back after eight weeks is unbelievable. I am simply astonished at your lack of ethics. And I simply refuse to be taken advantage of.

You have ten days to completely refund the $2500.00 and make arrangements to take this puppy back. Upon receipt of the original purchase price I will sign off the AKC papers and mail them to you. I will make one concession, because I am very fond of this puppy, I will allow you to "network" as you say and to resell him and place him from here.....AFTER I have been reimbursed. I do this for Brady, not for you.

I am very disappointed that you have forced my hand in this matter. I am actually astonished. I am extremely upset that you have forced me to take these distasteful measures. But I will not hesitate to proceed should you fail to comply. I am not the party at fault here......you are. Make it right.

Beca Zaun

********************************************

Email response from the Pattons, July 19:

********************************************

Beca Zaun,

Sorry you have rejected our offer which was above and beyond our contract. Due to your rejection and where you have gone in your e-mail, that offer is now off the table.

Where has all the love you expressed for Brady gone? Your reports of how special he was, his wonderfulness, and how great a fit for your household. I thought he was a pet first, that's why you were allowed to buy Brady!

What a difference a day makes, last nite you and Sara were one and about Brady. I decline to define my thoughts of where you have gone.

All Sara was saying during her sharing the sadness over this ( Brady was her favorite pup ) was that many young show prospects, dogs and horses, just do not turn out. Sometimes this happens at greater expense. The younger you buy them the more risk the buyer takes.

We never considered you a novice, nor with your stated experience did you say you were one. However your e-mail reflects that you may be !!

Show PROSPECT puppies can break your heart.

You bought a young show prospect; not a show dog.
We all signed a contract; read it.
There was no quality guarantee.
We are not a party at fault, for we did not know of any problem.
Missing teeth is a risk on young show prospects.
An older show prospect (6 to 18 months) comes with much less risk; which may be the better way for you to go in the future.

Many people to include us, find good homes and give the loved animal to that home if they cannot keep them for some reason. Money is second to the love.

As you said last nite " None of this is anybody's fault--least of all Brady's ". My feelings now are only sadness for Brady. I thought he had a great Mom and Dad. YOU took responsibility for his health and welfare when you adopted/ purchased him. In return Brady gave you unconditional love.

You have shown yourself in this e-mail, to be a person I do not want to work with. It is a shame that you have gone to a place of threats and attack.

Michael Patton

********************************************

Wednesday, July 30 - I got layed off of my job. THIS was a shock. And I started thinking that there is no way I could afford to show a dobe now anyway so I may as well keep him. My other dobe is 9 years old. She and Brady play a lot.... and it's really nice to have a young beautiful dobe in the house again......especially since I am home a lot now anyway. And my family loves him.

July 31 email from the Pattons (final communication, also sent to DPCA):

********************************************

Beca  Zaun,

You opened your second e-mail saying that you want to try this one more time- you were sorry – apologizing and stating regret. It also showed you can interact with people in a normal and right way. A third party, a friend/advisor of yours stated elsewhere that your first e-mail was only “ forceful “. In my eyes it was at a minimum extreme bullying, if not downright meant to terrorize and extort hush money. Those tactics do not work with us. We believe in breeding stock history being an open book. We were sharing the information about the 6 missing teeth with all concerned before your first threats were received !! Shortly after we received your second more normal e-mail; someone sent us your posting on the web of it and the response you made to each part of Sara’s/our side of your prior posting. I do wonder at the different tone and approach between the two in such a short span of time. This really was not a move to a position conducive to a resolution. It’s a shame two parties who care and love Brady must go here. Let’s remember it was you that moved away from reasonably working things out for Brady. Our instant offer to you in the beginning was more than reasonable and totally appropriate for these circumstances. Now you have LIBELLED us by making/posting mis-statements and omissions that have caused us harm publicly on the internet and have done so repeatedly. This behavior will not be rewarded by us. Is there no standard or responsibility for ethical actions or conduct? Is libel ethical for DPCA members ? Are your actions not the exact definition of LIBEL ?

Is there no thought that a buyer is responsible for statements made to induce and convince a breeder to sell a puppy ? Should those statements if false be considered fraud and unethical for DPCA members ? You were blessed with buying Brady because you represented your home as a long term loving  pet home first; a show home second. Your profile of the dog you were looking for was good looking, good temperament, must be loveable and fit into your household with the older Dobe bitch and two small dogs. This was all important. You were very hopeful  he would turn out to be a conformation show dog. You hoped for a better result than a previous dog that had not turned out , but you assured me you would keep Brady either way ! You poured it on as to the quality of life Brady would enjoy with you. You even told me that he would not just be staying home , but even going to work with you occasionally, etc., etc. Of course you were selling yourself. Does that make it OK ?

We had met half way for the final assessment; the jury was still out. Both Brady and you sold yourselves well. It seemed the two of you were meant to be. The baton was passed; you bought Brady and many happy assurances were made by you. Brady’s taking to you as he did made the parting and trip home easier for me.

The contract was signed with our agreement spelled out. The DPCA requires contracts, but many want to dismiss them and you, as many, do not respect them. People must stand with breeders who write contracts and sell dogs in good faith. Buyers must be held accountable. All parties signed this document of their own free will based on facts believed that day. We knew of no problems. Although we were filled with hope, we did not guarantee Brady would make it to the conformation ring. We did not guarantee he would finish his AKC championship, nor can we breed and sell perfect dogs.

It has been asked if this agreement is in line with the fair trade practices that DPCA members are encouraged to follow. In my mind this is another vague statement that may cause trouble and needs clarity. We believe in fair trade practices. They are simply put: the fair and truthful exchange of information, goods, and services. No where is it defined as holding safe from all inherent risks a buyer who purchases a show prospect puppy.

You go on to state in your latest e-mail that you came to the realization with much agonizing, AFTER finding the disqualifying fault that your goals became clear; you want to compete in the show ring again. You desire to show in conformation. Brady cannot do that for you even though you love him.

Yes, Sara and I understand your goal; however where is the responsibility to your prior commitments ? Does the love turn on and off ? Is it ethical to forget your contractual agreement? We did not sign a rental agreement. We do not rent these dogs for your come and go whims.

We cannot guarantee tomorrow. We all can be hopeful, but need to be mindful and not forget the many inherent risks. Multiply this for a young prospect. That is why we put the clause in our contract that the buyer has 10 days to have the pup examined by a vet of their choice before the sale is complete. During this time the buyer may have any test they want performed at their expense; which could include X-rays of the teeth. You had every opportunity to do this. You’ve been around; your Dobe bitch is 8 years old and you own and show another breed. You also have your very good friend and advisor helping you.

Every one of us in the Dobe fancy agrees a breeder has responsibilities. There is a division as to what that entails. Where does it state in the DPCA code of ethics that a breeder must take back to their home a dog at any time, at any age, for any reason and/or for a full refund ? If that is ever what the majority of DPCA members want and believe; it should be spelled out and put in the code and breeders then can make their decision on these facts. I have not seen or heard this opinion from other than a few.

We are not alone or think ourselves special, but we more than many, care, love and believe in it being about the Dobe. The majority are with these thoughts. We do try to find good loving long term homes for our pet and show prospects. That is what we believed your home to be. As for our breeder responsibility, we believe we know of no better place for Brady at this time than in your home. As many have said; that pup is in a very good place with Beca. This trouble is between us humans. Again, as his breeders, we do not believe Brady’s best interest would be served to move to our home where there are 2 male Dobes ( he would be a third ) and three other bitches. He would have limited time and attention and would be needlessly stressed over the changes. We as his breeders believe it best for Brady if he has a direct transfer, hopefully to a permanent loving home close to as good as we believed yours to be. We believe you to be a major culprit in this problem and believe you should meet the responsibility you took on by buying this puppy and put his best interest first over worrying about who it’s more convenient for; until arrangements for a new home are complete.

Let me further say we do understand your goals, but this pup is going to a new home because of a non-emergency and a non-threatening condition. Brady is going by your choice because your goals became clear and he cannot fit these new clearer goals. Without exception, we would move with great speed in an emergency or threatening condition, but there is no major accident, there is no major health issue, there is no major life change, and you are not a bad home. At this time anything other than your home is second best for Brady. Know we always will have room for one more Dobe if it is for the best and/or in an emergency .

Beca, I will say it as I see it; you have shown yourself to be a person I will not associate with again, but I do thank you for all you have been and done for Brady. He will be a great candidate for someone looking for a show dog to compete in obedience, agility, working dog trials, or tracking. Another group of people who would be interested in him is the type who want a high end , good looking Dobe, but do not want to spend thousands to show on top of the purchase price. Sadly sometimes we breeders do not like to send our best looking Dobes to obedience/ working dog type homes only because we too want that Ch. Title too often to keep score.

Brady as you know has only super special and the most wonderful of things to offer a person worthy of sharing his life. I am still surprised at after sharing more than 1/3 of his young life , that you are not demanding to be a part of placing him in a new family. To me that is just another of your downsides.; but some say my/ Meritage Farm standards and expectations are too high. Then there is what you say.

Sara and I from the time we developed our breeding plan for this litter throughout today have done right by these pups and the Doberman for over 30 years. This does not mean we jump through hoops for you and your whims.

Michael Patton

********************************************

See pictures of Brady's teeth (or lack thereof)