sas Posted September 17, 2012 Share Posted September 17, 2012 If you buy a dog the seller has no right to it unless there is a contract just like Harvey Norman can't come and take your washing machine because you paid for it. Link to comment Share on other sites More sharing options...
SwaY Posted September 17, 2012 Share Posted September 17, 2012 If you buy a dog the seller has no right to it unless there is a contract just like Harvey Norman can't come and take your washing machine because you paid for it. Harvey Norman won't take it back, but if you mistreat it they will refuse to fix it under warranty - again terms and conditions. But like a bank, if you don't make regular payments they can take your house. If you don't do periodic maintenance on a leased car, you lose the car. Like everything with terms and conditions if you can't obey or don't like them don't agree, just walk away. Link to comment Share on other sites More sharing options...
Kassidee Posted September 18, 2012 Share Posted September 18, 2012 After we had purchased our pup, we was advised by the breeder that the pup couldnt be desexed unless they gave permission just in case they wanted a litter. O.o We signed no contract and there was never any mention of one. Dog is desexed! Breeder doesnt know. :laugh: Link to comment Share on other sites More sharing options...
grammarous Posted September 18, 2012 Share Posted September 18, 2012 I think that recent changes to the law would actually give breeders a pretty good chance of getting a dog back if a purchaser breached the agreement - but breeders would have had to been to see a lawyer very recently to get details of how to do it. It means taking things a step further than just the contract though. I think that the contracts are more for a breeder's peace of mind, rather than being actually enforceable, if the contracts I've seen are anything to go by. Link to comment Share on other sites More sharing options...
Bjelkier Posted September 18, 2012 Share Posted September 18, 2012 After we had purchased our pup, we was advised by the breeder that the pup couldnt be desexed unless they gave permission just in case they wanted a litter. O.o We signed no contract and there was never any mention of one. Dog is desexed! Breeder doesnt know. :laugh: And people wonder why breeders feel the need for contracts. Glad you find it so funny. Link to comment Share on other sites More sharing options...
minimax Posted September 18, 2012 Share Posted September 18, 2012 After we had purchased our pup, we was advised by the breeder that the pup couldnt be desexed unless they gave permission just in case they wanted a litter. O.o We signed no contract and there was never any mention of one. Dog is desexed! Breeder doesnt know. :laugh: And people wonder why breeders feel the need for contracts. Glad you find it so funny. I'd find it funny too, obviously the breeder doesn't care too much if they haven't kept in contact about this mystery litter they sprung on the buyer after they purchased it! Link to comment Share on other sites More sharing options...
Bjelkier Posted September 18, 2012 Share Posted September 18, 2012 After we had purchased our pup, we was advised by the breeder that the pup couldnt be desexed unless they gave permission just in case they wanted a litter. O.o We signed no contract and there was never any mention of one. Dog is desexed! Breeder doesnt know. :laugh: And people wonder why breeders feel the need for contracts. Glad you find it so funny. I'd find it funny too, obviously the breeder doesn't care too much if they haven't kept in contact about this mystery litter they sprung on the buyer after they purchased it! You don't know that the breeder hasn't kept in contact or asked. Where is that written? (And for the record I don't agree with what the breeder said about having a litter, I'm speaking about dishonesty) Link to comment Share on other sites More sharing options...
minimax Posted September 18, 2012 Share Posted September 18, 2012 After we had purchased our pup, we was advised by the breeder that the pup couldnt be desexed unless they gave permission just in case they wanted a litter. O.o We signed no contract and there was never any mention of one. Dog is desexed! Breeder doesnt know. :laugh: And people wonder why breeders feel the need for contracts. Glad you find it so funny. I'd find it funny too, obviously the breeder doesn't care too much if they haven't kept in contact about this mystery litter they sprung on the buyer after they purchased it! You don't know that the breeder hasn't kept in contact or asked. Where is that written? (And for the record I don't agree with what the breeder said about having a litter, I'm speaking about dishonesty) I would think of the breeder kept in contact and wanted a litter, the lack of uterus would be a factor in conversation. Link to comment Share on other sites More sharing options...
Bjelkier Posted September 18, 2012 Share Posted September 18, 2012 (edited) After we had purchased our pup, we was advised by the breeder that the pup couldnt be desexed unless they gave permission just in case they wanted a litter. O.o We signed no contract and there was never any mention of one. Dog is desexed! Breeder doesnt know. :laugh: And people wonder why breeders feel the need for contracts. Glad you find it so funny. I'd find it funny too, obviously the breeder doesn't care too much if they haven't kept in contact about this mystery litter they sprung on the buyer after they purchased it! You don't know that the breeder hasn't kept in contact or asked. Where is that written? (And for the record I don't agree with what the breeder said about having a litter, I'm speaking about dishonesty) I would think of the breeder kept in contact and wanted a litter, the lack of uterus would be a factor in conversation. Maybe. But I don't constantly ask my puppy people if the dog's desexed every time I speak with them because I trust them to do what we agreed on. Edited September 18, 2012 by Bjelkier Link to comment Share on other sites More sharing options...
minimax Posted September 18, 2012 Share Posted September 18, 2012 After we had purchased our pup, we was advised by the breeder that the pup couldnt be desexed unless they gave permission just in case they wanted a litter. O.o We signed no contract and there was never any mention of one. Dog is desexed! Breeder doesnt know. :laugh: And people wonder why breeders feel the need for contracts. Glad you find it so funny. I'd find it funny too, obviously the breeder doesn't care too much if they haven't kept in contact about this mystery litter they sprung on the buyer after they purchased it! You don't know that the breeder hasn't kept in contact or asked. Where is that written? (And for the record I don't agree with what the breeder said about having a litter, I'm speaking about dishonesty) I would think of the breeder kept in contact and wanted a litter, the lack of uterus would be a factor in conversation. Maybe. But I don't constantly ask my puppy people if the dog's desexed every time I speak with them because I trust them to do what we agreed on. From the limited details we have - they didn't agree on anything? The breeder announced the puppy someone bought would be used for breeding (which to me, screams BYB anyway), and buyer didn't sign anything agreeing to this. They didn't do anything wrong in desexing their dog, which they bought (and is their property to do what they want with). Link to comment Share on other sites More sharing options...
Guest donatella Posted September 18, 2012 Share Posted September 18, 2012 After we had purchased our pup, we was advised by the breeder that the pup couldnt be desexed unless they gave permission just in case they wanted a litter. O.o We signed no contract and there was never any mention of one. Dog is desexed! Breeder doesnt know. :laugh: What a joke! Surely they should have made mention of wanting to use the dog in the future and gaining your agreement BEFORE purchase. Good on you for desexing the dog. Link to comment Share on other sites More sharing options...
Bjelkier Posted September 18, 2012 Share Posted September 18, 2012 After we had purchased our pup, we was advised by the breeder that the pup couldnt be desexed unless they gave permission just in case they wanted a litter. O.o We signed no contract and there was never any mention of one. Dog is desexed! Breeder doesnt know. :laugh: And people wonder why breeders feel the need for contracts. Glad you find it so funny. I'd find it funny too, obviously the breeder doesn't care too much if they haven't kept in contact about this mystery litter they sprung on the buyer after they purchased it! You don't know that the breeder hasn't kept in contact or asked. Where is that written? (And for the record I don't agree with what the breeder said about having a litter, I'm speaking about dishonesty) I would think of the breeder kept in contact and wanted a litter, the lack of uterus would be a factor in conversation. Maybe. But I don't constantly ask my puppy people if the dog's desexed every time I speak with them because I trust them to do what we agreed on. From the limited details we have - they didn't agree on anything? The breeder announced the puppy someone bought would be used for breeding (which to me, screams BYB anyway), and buyer didn't sign anything agreeing to this. They didn't do anything wrong in desexing their dog, which they bought (and is their property to do what they want with). I take back what I said. I didn't noticed the first part about the breeder asking about breeding after purchasing the puppy. That will teach me to not read things correctly. Ignore what I said Link to comment Share on other sites More sharing options...
Jed Posted September 18, 2012 Share Posted September 18, 2012 I think that recent changes to the law would actually give breeders a pretty good chance of getting a dog back if a purchaser breached the agreement - but breeders would have had to been to see a lawyer very recently to get details of how to do it. It means taking things a step further than just the contract though. I think that the contracts are more for a breeder's peace of mind, rather than being actually enforceable, if the contracts I've seen are anything to go by. I have been advised by a solicitor who deals with matters like this that my contract would stand up. If the breeder didn't tell Kassidee they wanted to use the dog pre purchase, desexing it is fair enough. I am pleased I haven't dealt with Kassidee and I hope I never shall. Link to comment Share on other sites More sharing options...
Chris the Rebel Wolf Posted September 18, 2012 Share Posted September 18, 2012 After we had purchased our pup, we was advised by the breeder that the pup couldnt be desexed unless they gave permission just in case they wanted a litter. O.o We signed no contract and there was never any mention of one. Dog is desexed! Breeder doesnt know. :laugh: Um... Wow. Your breeder has some issues... Link to comment Share on other sites More sharing options...
Sparassidae Posted September 18, 2012 Share Posted September 18, 2012 (edited) What they in fact do is remind the buyer that I am interested in the welfare of the dog, and if they do not want it, I would like them to return it to me. You can only declare the item does not carry free title, as in, someone else has an encumbrance on the item - such as a bank. You can not by pass this portion of the consumer gaurantee "Sellers also guarantee that no-one has a legal right to take the goods away or prevent the consumer from using the goods." Either way, I don't intend to debate this. I am simply passing on what the law actually says, and what the ACCC has to say surrounding the issue. Feel free to disagree - we still issue contracts with our rabbits and snakes. I am confident mine will not hold up in court, but that's not really important. I wouldn't go to court over it anyway. Edited September 18, 2012 by NotMidol Link to comment Share on other sites More sharing options...
Jed Posted September 18, 2012 Share Posted September 18, 2012 (edited) What they in fact do is remind the buyer that I am interested in the welfare of the dog, and if they do not want it, I would like them to return it to me. You can only declare the item does not carry free title, as in, someone else has an encumbrance on the item - such as a bank. You can not by pass this portion of the consumer gaurantee "Sellers also guarantee that no-one has a legal right to take the goods away or prevent the consumer from using the goods." Either way, I don't intend to debate this. I am simply passing on what the law actually says, and what the ACCC has to say surrounding the issue. Feel free to disagree - we still issue contracts with our rabbits and snakes. I am confident mine will not hold up in court, but that's not really important. I wouldn't go to court over it anyway. Me neither, but unless you are a person of high responsibility with the ACCC or a lawyer, I will take the word of my lawyer, thanks. That is what I pay him for. But thanks for the heads up. :) Edited September 18, 2012 by Jed Link to comment Share on other sites More sharing options...
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