Dog sale question post sale

[schaefer]

I'm going to be as inclusive and brief as possible. I received a dog in for training for behavioral problems, which I fixed. The original family did not want the dog back and instead gave it to me to re-home or keep myself. I live in Michigan. The dog was not of a type that I would consider for my own breeding program so I placed the dog up for sale. A man who lives in Ohio inquiring about puppies heard about this adult female for sale and asked about price, etc. Since the home situation seemed right for her, I agreed to hold her for him. I held the dog for no charge for several months, then sold her to him for puppy price. I met him in Ohio to do so (again, no charge). He told me he wanted the dog for breeding but I did not sell her at breeding quality price nor did I give any guarantees on her health, ability to be bred, etc. I sold the dog without a contract and no bill of sale. I have all the emails between the man and myself and at no time did I guarantee the dog for any purpose, use, etc. Now he has found out that the dog has hip dysplasia and he wants a full refund plus a replacement dog. I do not think I owe him either as it was a buyer beware situation, in my opinion, and if he wanted to be sure the dog had good hips he should have requested I x-ray her before the sale (which would have dramatically increased her price). Do I owe him a refund and/or replacement?

[AFFA]

I wish to inform you that you sold the dog to the other party on the basis of agreement reached by exchange of emails. During the course of the negotiations, the other party informed that the dog was required for the specific purpose of breeding. If you stated that the dog would meet the other party's requirement of breeding and then if the dog had hip dysplasia and was not suitable for breeding it could amount to a breach of contract by you. However, if you have not given such an assurance then you are not responsible. You may proceed further and inform the other party keeping in view either of the two situations as discussed.

AFF

Thank you. No, no guarantees were made about the condition of hips or even the ability of the dog to conceive and have a litter of puppies. He was informed (via email) that the dog had never had puppies in the past. Never did he state that hips were part of his requirements. I don't think any of his other dogs have had their hips done either.

It seems that you are safe..........