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difficulty with stud contract

Discussion in 'Dog Breeding' started by Snowy123, Oct 4, 2020.


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  1. Snowy123

    Snowy123 PetForums Newbie

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    Please dont reply to this thread if you have no helpful advice- thanks

    So here is my situation.
    I had a stud and a verbal contract nothing written. The stud wanted pick of the litter -fine by me, her pick was from all the one colour she didnt like, so she decided i dont want a pup anymore i want the 'high covid' going rate for the pup, which therefore means she wants me to do even more work for her. I told her no the agreement was a pup. So she said yes i will take a pup (which she will sell most likely ) as he has no interest in this pup. Anyway she knew for 5 months the pick up date for pup collection was the end of september. She never made any contact after she discovered she didnt like the colour. She failed to collect the pupat the end of september , and now this weekend gone. She wants to collect next weekend which is 3 weekends late.... She asked me to drive closer to her , i accomodated her and said yes i would. She still failed to collect. She cant get her hubby to drive her so she is blaming me. I have now told her that if she doesnt collect the pup tomorow i will sell and she can have a stud fee.. she says i am not authorised to do so because its her pup.
    I told her we can't keep the pup past wednesday as we are going away for a break as we didn't go anywhere all summer due to dog/pup issues. She has asked me to leave the pup with anyone when im gone on holidays, i said that is unsafe.

    She has broken everything in the verbal contract and is so selfish. What are my rights in this, can i sell the pup if she fails to collect in a few days before my holiday.

    Also please note she will not provide her IKC reg for the dog as she says she can't find it. This is another example of the hassle i have had to deal with.

    Any helpful advice would be appreciated and no smart unhelpful comments.

    thanks
     
  2. LinznMilly

    LinznMilly Moderator
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    First of all, welcome to the forum.

    Secondly, you have no right to dictate who can and cannot reply to this thread, nor what they say in their replies. Yes, you started the thread, but it's not yours - it belongs to the forum.

    Thirdly. The way I understand it, you refused to pay her the stud fee and insisted on her having pick of the litter, so whilst I'm not expert, I'd say you have to honour that.

    I find you both extremely selfish. Clearly she's only in it for the money and you're more interested in getting rid of this poor puppy before your holiday than you are in making sure it goes to a loving forever home.
     
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  3. Rafa

    Rafa PetForums VIP

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    Well, not a good way to ask for advice.

    However, legally, all of the pups belong to you. If there is no written contract, then she really has no claim on a pup or a stud fee.

    I would tell her that you intend to sell the puppy, to a very good home I hope, and offer her a stud fee.

    Personally, I would never have 'bullied' someone into taking a pup I had bred. I was always paranoid about where they went and keeping in touch afterwards to ensure their wellbeing.

    The fact that you're going on holiday should not be a reason to ship a pup out quickly into what could be a bad home.
     
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  4. simplysardonic

    simplysardonic Moderator
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    Wow.

    Maybe you need to be reevaluate your priorities instead of moaning about how your animals that you chose to own & breed have inconvenienced you & your going on holiday.

    FWIW, you're both in the wrong.
     
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  5. Snowy123

    Snowy123 PetForums Newbie

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    Thanks for your time to reply. To clarify i was not dictating anything just stating that i only want helpful constructive advice.
    The Stud owner chose to take pick of the litter and refuse a fee, i did not suggest anything, i was more than obliging in the interests of the stud owner and it did not bother me either way.

    My thoughts are i would rather keep the pup myself or a family member as i am concerned for the its safety. It is a beautiful little pup and of course as it is my own dogs pup i only have whats best in mind for her. I just want to know if anyone has been in a similar position. As of this morning this stud owner is demanding to send it to a cattery/dog home and i have forbid any of this. She is the one being difficult and has no love for my pup as she is only concerned about the money. I will keep the pup and give her the higher stud fee but i dont want to have any issues from her taking me court. I am new to this forum and i apologise for my beginning thread but she is just bombarding with messages demanding it is her dog and to send via courier and put in a kennel which i refuse.

    Thank you for your advice
     
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  6. Snowy123

    Snowy123 PetForums Newbie

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    to be honest my priorities lie with the pup, i am very happy to keep the pup myself and is exactly why i required advice as to wher i stand, i dont want to be taken to court. I'm quite in love with the pup and im happy for her to live with me.

    Exactly why i said only helpful posts.

    You obviously dont get the position im being put in, i want the pup as she is going to sell or not take care of it
     
  7. Sairy

    Sairy PetForums VIP

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    I would keep the pup (or find a loving home for it) as you've suggested and pay the stud fee. As there was no written contract it is your word against hers as to what was agreed so I don't see how it would hold up in court.

    I would take this as a learning curve for future. I hope you get it all resolved soon.
     
  8. Snowy123

    Snowy123 PetForums Newbie

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    Hi Rafa
    Thanks for your reply. Yes there should be a written contract but my husband didn't get one as everything seemed lovely and perfect. The lady turned when the colour didnt match her expectation. She then broke the verbal contract several times and is now 3 weeks late to collect. I am more than happy to keep the pup with us permanently. We love the pup and it is living with us in our loving home playing with our kids. I am concerned for the pup and how she is going to treat it or where she will ship it to all for the cash. I have looked after all the pups extremely well, all the other pups have gone to exceptional homes and i am regularly in touch with all of the owners on their progress.

    we actually are making sure the pup is fine before i go anywhere, its so stressful as she is bullying and manipulating, she had 11 weeks to know about this and changed her mind as soona s she saw the colour. I have no issues giving her a pup to begin with but now with her talk of demanding the dog and sending a poor pup to a kennel or a courier- i am so cross as id rather keep it myself. I just need to know is this my right or would she take me to court. My main priority is the care of this pup.

    Many thanks for your time
     
  9. Snowy123

    Snowy123 PetForums Newbie

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    Yes i totally agree , and i apologise for my first message but i am concerned for the pup and she is pressurising to send to courier or cattery, which i forbid. It is my husband wo is managing it i am just in the background shocked by it all and feel for the pup and feel i need to step in as its just not fair.
    She told my husband that she does not authorise him to sell her pup. Ive decided that i will keep her but time i running out and i dont think she deserves the pup

    thank you for your time.
     
  10. simplysardonic

    simplysardonic Moderator
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    Apologies for my abrupt reply, unfortunately we can only go by what people post on the forum.

    From what you've said there is no written contract (no matter how perfect & nice the other party seems you should always get tangible evidence of an agreement) & therefore no evidence so they have nothing on you in court.
     
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  11. Snowy123

    Snowy123 PetForums Newbie

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    Totally understandable from your point of view, i was wrong in how i wrote the message, i suppose i just panicked as i can see how bad my husband is managing this situation. I will never allow me husband to breed again, it was only once. Yes and this is indeed a learning curve. I am still afraid for what she will do to my husband and i dont trust her at all, all she sees is the high covid prices for a pup which is awful. As the puppy has spent so much time with our family i have bonded with her and i dont want to give her up where i have no idea what will happen to her where she will go. All the other owners are in a group chat and it is so lovely to see they are in good homes chosen by us.

    Such a bad experience and i hope anyone else thinking about breeding will learn from this as an example.

    Thank you again for understanding, and i hope we can keep this pup.
     
  12. LinznMilly

    LinznMilly Moderator
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    As you can see, we're pretty passionate about our dogs here, and the way it came across in your OP, it did seem like you were more interested in getting rid of the puppy before Wednesday. Now you say this is not so, in which case, I owe you an apology. :)

    The stud owner's is downright disgusting. :mad:
     
  13. Snowy123

    Snowy123 PetForums Newbie

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    Thanks for your reply, Yes i am too a passionate dog owner so that's why i wrote in a panic. I didn't know what to do and my husband was sticking to his agreement of pick pup of the litter and he is so afraid that she will take him to court.. so that is this issue. This woman does not deserve this beautiful little pup and i feel like she is my husband and now my responsibility and i don't want her mistreating her.... how awful to think she'd be happy to send a 11 week old pup to a dirty kennnel with lots of other dogs barking like crazy , scarying the life out of her. The pup has been living with us and getting love and home comforts from kids .

    I am going to take over from my hubby and tell this woman enough is enough and im keeping the dog which i will. Im so saddened by this situation. and totally shocked.. I'm so nervous about phoning her as she is obviously a manipulator.

    oh and as if she wants this pup as the dad is there and she just bought another boy, can you imagine keeping the 2 dogs apart when she's in season.... just not right.

    Thanks again :)
     
  14. Blitz

    Blitz PetForums VIP

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    What a horrible situation to be in. I cannot give you much advice, would it be worth contacting a solicitor, there is a dog specialist that is often recommended on here, maybe someone can give you the details.

    I have only once had an agreement like this, many years ago. I had a bitch on breeding terms and the arrangement was that I used her stud dog and the breeder had 2 pups back and then the bitch was mine. My bitch had 2 obviously plain and oversized dog pups so I ended up with no pups to sell or keep and the breeder ended up with pups that were not really what she wanted. But that was the verbal agreement so obviously we stuck to it.
     
  15. Linda Weasel

    Linda Weasel PetForums VIP

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    Not read all replies but;

    Get the puppy into a good home, she doesn’t deserve to be used like this.

    Offer the stud dog owner the appropriate fee, preferably by email so you have a record, they can take it or leave it then do whatever...

    I wouldn’t, at this late stage, be doing anything to accommodate somebody who obviously doesn’t even particularly want this pup as she originally was set on a different colour and presumably only wants her to breed from anyway.
     
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  16. lorilu

    lorilu PetForums VIP

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    Send the stud fee by bank check certified mail, signature return. Accept no other contact. I would not go away until it is sorted though, unless you can take the puppy with you.
     
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  17. Siskin

    Siskin Look into my eyes....

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  18. Rafa

    Rafa PetForums VIP

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    I wouldn't phone her.

    Leave it to her to contact you and, if she does, make it plain to her that her only option is to accept a stud fee.

    Do remember, LEGALLY, this pup belongs to you and, as it was never agreed in writing that you would give her a pup, she doesn't have a leg to stand on.
     
  19. Snowy123

    Snowy123 PetForums Newbie

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    HI to everyone who helped with their replies. I appreciate your advice and value your time.
    I had such a busy day today between thinking about this and what i would do and looking after my kids and all our animals.

    So as the matter was my husband's business and i was frustrated by what was going on for the welfare of the pup i decided to intervene and offer my thoughts on his situation. That's why i was looking for quick advice or anyone who had been in this situation on this forum.

    I decided to get her number and phone her, i was so annoyed when I was on the phone as this whole situation was far too messy and complicated. So i was shaking in my voice and she said im too angry , i said i wasn't angry ive just got a lot to say on this matter an i can't believe this has happened. I told her i forbid the pup to go to any kennel and it most definitely will not be sent in a courier van on a 5 hour drive. I told her she will not be getting the pup and i would be keeping the dog and i would transfer a high stud fee of 700. I told her the entire situation was created by her and my hubby has not broken any of the verbal contract but that we are now concerned for the pups welfare and what she had requested was inhumane. I told her if she really loved this pup and wanted her for genuine reasons she would make an effort to be here like all of the other owners. I told her the pup will quite happily stay with me and my family and she is our responsibility. So as the conversation went on she kept saying i want this pup she is mine , don't punish me i really love her. Which sounded genuine . I told her she can have a pup in one of the other litters she has used her stud for but she said she doesn't want them she wants my pup. She said the reason she wants my pup is because she fell in love with my dog and her offspring is the temperament she wants, and that no other bitch was of her standard. To be honest my dog is extremely amazing, she is the best and because she had several bitches to compare her to she wants my pup.
    So after all this conversation she convinced me that she is genuine- i questioned her over and over and i told her i don't want her shipping the pup to somewhere else and that i will be very disappointed if she did. I told her the=is pups welfare is what is important to me, she agreed. So as a result of this conversation she will come and collect the dog tomorrow. I really hope she has been honest and i guess i have to take her word and let my husband follow through on their contract. I'm glad i did phone her and question her motives but she seemed to answer all the questions i put to her.

    I hope this is the right decision and i hope people would not be dishonest like, my hubby is so afraid of legal side of things and doesn't want unnecessary hassle for all the family. I pray that this woman is telling the truth. This has been a very difficult and unpleasant situation

    This is a note to everyone breeding be extremely cautious as there is a lot to consider in the entire process, and get a legally binding contract so that situations like this do not occur.


    Thank you all for your advice and time and i really hope this little puppy does have its forever home with her.
     
  20. Blitz

    Blitz PetForums VIP

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    Poor pup, sounds like it will be passed straight on for a lot of money judging by your previous comments. She probably is so keen to have it because she has already sold it and taken a deposit. Sorry, but from what you said previously I find it odd that you believed her. Hopefully the pup will go straight to whoever she has sold it to and have a happy life.
     
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