Contracts

[Darkrai]

Can someone tell me if a dog contract is elly woth the paper they are written on???

I have a friend who has just bought a dog on contract with the breeder, that she keeps him as a pet, but the breeder can use the dog at stud still.

The thing is the dog isn't getting along with their other dog and as on a cople occassion growled and bared teeth at her youngest child.

They have contacted the breeder who has told them to rehome the dog at their cost and pay the breeder the full price.

Now as a breeder and dog owner i would have refunded them their money, in all due repect casue of the kids.

any ideas... help???

[centitout]

WTF????? Did your friends pay for this dog?The breeder should take the dog back and rehome at there cost if showing aggressive tendancies to a child.If it was one of mine,and a behavioural assesment showed it was definately the dog(and not the environment)i wouldnt hesitate to pts if necessary,it most certainly wouldnt be passed on and it would be desexed immediately.

[Darkrai]

She's only paid half.

[t-time]

How old is the dog? And how long have they had the dog? I'm assuming it's not a puppy....

Sounds like this is a classic case of a dog not being suitable for the new family so the breeder should just take back the dog and give back the money paid for it.

Is the owner in the same city as the breeder? Perhaps if they are far away from one another, this is why she's asked the current owners to rehome? ie dog would have normally been full price but the breeder sold half price in return for studs. So selling the dog at full price does not seem unreasonable - however - the breeder should only get half of the full price...

[Dellcara]

very strange that the breeder who originally wanted to retain rights to use the dog at stud is now happy for the

new owners to rehome ....

if this was recent then the breeder should of course take the dog back and refund the money ...

[oakway]

very strange that the breeder who originally wanted to retain rights to use the dog at stud is now happy for the

new owners to rehome ....

if this was recent then the breeder should of course take the dog back and refund the money ...

Strange .....I was wondering the same thing.

[whippets]

The breeder is probably happy for the dog to be rehomed because of temperament issues.

Pretty irresponsible of the breeder to not take back the dog and give a refund.

[Stolzseinrotts]

Can someone tell me if a dog contract is elly woth the paper they are written on???

I have a friend who has just bought a dog on contract with the breeder, that she keeps him as a pet, but the breeder can use the dog at stud still.

The thing is the dog isn't getting along with their other dog and as on a cople occassion growled and bared teeth at her youngest child.

They have contacted the breeder who has told them to rehome the dog at their cost and pay the breeder the full price.

If it was only say within a month or two since the new owner has taken on the dog the then I would refund purchase price on return of the dog, clearly the dog is not suited to the environment. Baring teeth and growling at a child would concern me greatly! Is this an older dog?

Having stated the above we have a policy to take back any dog we have bred at any time regardless of the reason. We do not always return purchase price and or part of, it depends on the reasoning for return of the dog as to what if any monetary compensation is paid.

Edited April 3, 2010 by Stolzseinrotts

[Darkrai]

She's had the dog less then a week.

the breed has told her to rehome the dog and then give the breeder the rest of the payment. but also the contract has to go with the dog...

[AmandaJ]

I was actually tempted not to reply to this issue as many have their own beliefs in that which is law. Facts are:

Regardless of whether a contract is in writing or not, verbal agreements still constitute a contract at law..the winner on verbals is the one who can provide the best backup to their argument - otherwise the paper version works.

By law dogs are "goods" and the contract is entered into between purchaser and seller. Contracts therefore do not follow dogs, a new contract would be required to do so. You must also remember that 2 contracts exist in every case - the one provided by the seller (generally paper form) and the one by the buyer (intention, expectation etc) - verbal. Example - If I buy a Male for show, I would expect to be able to breed from him. Most show people have the dual intent. If the dog can not be used for breeding then the intent of the contract to purchase is breached (unless a clause in the written contract covers the event or the circumstances were unforeseen). Whether a contract is enforced is up to the individuals - small claims court is an inexpensive venue for settling issues as no lawyers are permitted.

With regard to the specific pup....yes a temperament test is required - however I'd be tempted to have 2 conducted - 1 in the home environment with the child and other dog, and one in a different environment. Sometimes the aggressor is not at fault.

Right now I think my Law Lecturer would be saying "by god I think she's mellowed - finally".

[Andisa]

She's had the dog less then a week.

the breed has told her to rehome the dog and then give the breeder the rest of the payment. but also the contract has to go with the dog...

I was thinking it was a puppy but sounds like it is a young male.

I can not believe the breeder does not insist the dog is returned - less than one week.

Less than one week is not enough time for the dog to settle in but sounds like your friend may not be able to cope with the situation. How much thought was actually put in to this? Was it even talked about what happens if the dog is not suitable?

Rehoming a dog should be just as important as finding a home for a puppy - but the difference is the personality of a dog has already developed and extra care should be taken when looking for that home. Sounds like some people are not so fussy about where their pups / dogs end up. Sad situation for the dog and those involved.

I have rehomed a young adult before and it was made crystal clear that if for any reason things don't work out she comes back home. Same deal with the male who was returned 2 months ago. I want them back so I can spend time with them, then I can be sure that the home I find is a suitable home.

Good luck - I hope the dog can be returned and your friend can be let out of the agreement.

[whippets]

Any breeder that sells a puppy as a "show dog" has rocks in their head. "Show prospect" or "show potential" is the way to go. I wouldn't make any guarantees on fertility for a puppy either.

If someone wanted a "show dog" then save your $$$ and buy a proven fertile group/show winning champion.

[AmandaJ]

Any breeder that sells a puppy as a "show dog" has rocks in their head. "Show prospect" or "show potential" is the way to go. I wouldn't make any guarantees on fertility for a puppy either.

If someone wanted a "show dog" then save your $$$ and buy a proven fertile group/show winning champion.

Show dog only means the dog is within the standard.

[whippets]

Considering a puppy goes through changes till adulthood, I would never sell a puppy as a "show dog". I doubt many breeders would either.

You just said there would be a dual intent. How in the hell could someone guarantee that in a puppy? crystal ball?

[AmandaJ]

Knowledge of structure, form and function, breeding lines (phenotype and genotype), not a precise science - but research and understanding go a hell of a long way - a darn site further than blind ignorance.

[whippets]

Yes they call that an "educated, experienced guess", but you still didn't answer the question

"You just said there would be a dual intent. How in the hell could someone guarantee that in a puppy? crystal ball?"

[Darkrai]

The dog is a young male nearly 2 years of age.

A lot of thought and time went into picking and meeting the breeder many times before accepting.

His not a show dog just a breeding dog.

Anyway the breeder said she would take back the dog and resell him and once resold my friend would get her money back then later she said my friend that my friend should pay whats owed and then resell the dog but be but before re selling the dog she would have to get an agreement for the new owners before my friend could re sell the dog.

[Christina]

Don't know the legalities of this but honestly

Where is the concern for the dog in all of this ?

In this situation I don't know what anyone else would do but I would say send the dog back to me & I will refund your money.

Behaving this way & in just a week the dog is obviously not happy if he has not shown any previous signs of aggression.

If he has he should not have been sent there.

Either way its not working out.

Maybe your friend could contact a lawyer, some give free advice initially, if nothing can be resolved with the breeder.

[Stolzseinrotts]

She's had the dog less then a week.

the breed has told her to rehome the dog and then give the breeder the rest of the payment. but also the contract has to go with the dog...

IMO - In this case the dog should be returned for a full refund, less any freight costs, that is the right thing for the breeder to do IMO and also clearly the dog is not happy / suitable in the new environment.

As to the reasoning by the breeder for not taking the dog back and returning full refund is beyond me?? It has only been a week.........IMO there is no reason for the breeder to refuse the request given the short period of time.

And what is with the "new owner" being directed to having to sell the dog with the contract on it........like what the! IMO the breeder is not acting very ethically at all.

[Bilbo Baggins]

This sounds verrrrrrrrrrrry flawed. IMHO.