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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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I Have been a puppy raiser for a service dog in training.

Customer Question

I Have been a puppy raiser for a service dog in training. At 3 months of age he was at our house until 28 months of age. He was to be a guide dog for the blind. He has not found a placement. He has not been returned to us. The organization wanted him in another home for observation. The organization has asked the breeder who has first right of refusal to twice release him from contract to place with a legally blind person and let him go to other types of organizations. The breeder has not released him and asked for him back since he has not been placed with a match. The organization has mentioned that he is aging out but now says they have several more months to place him and will not release him back to the breeder. We, Breeder and I, feel like the dog is being held hostage.
At what age does a dog age out for placement and does the breeder have a right to having the dog returned?
Submitted: 2 years ago.
Category: Legal
Expert:  MShore replied 2 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Was the date of return not specified in the contract between the breeder and the organization?
Customer: replied 2 years ago.
that is correct. it seems that most agencies like dogs placed at 2 years of age but say that each case is
treated individually.
Expert:  MShore replied 2 years ago.
Thank you, XXXXX XXXXX of the absence of a specified duration of the agreement between the breeder and the organization, the court would make a ruling based on the applicable standard as determined by the market (i.e. other agencies and their policies). You mentioned that most agencies like the dogs placed at two years of age, because this dog is older than 2 years, the breeder has a viable claim to sue the organization to demand the return of the dog. The breeder should therefore consider retaining counsel to send the organization a demand letter for the dog's return claiming that depriving the breeder of the dog at this juncture is an unreasonable restraint on the breeder's rights to reclaim possession of the dog in light of the organization's failure to place the dog, despite a more than reasonable opportunity to do so. Please let me know if you have any follow up questions.
Customer: replied 2 years ago.
Would it be reasonable for the breeder to ask that the dog be placed back in our care while waiting for a match. She is concerned he could become "lost" never to be seen again. In their first response to requesting the release of the dog they stated that they had honored the breeders request of having just one puppy raising home and had not put him in the "wheel"of rotation. However, when we were told he was going to the guide dog trainer for one week of training ( as he had been doing for the last six months)
We were surprised to have three people at our door wanting to take the dog and told that he would not be coming back in one weeks time as usual. He has been at the other home for one month. We were told when asked if we would ever see him again that yes but it would be a few months or at his graduation.
Expert:  MShore replied 2 years ago.
Yes, that would be a reasonable request, from your description it is possible for the dog to be transferred multiple times and lost in transition, further, this does not factor in the potential harm to the dog psychologically either.
Customer: replied 2 years ago.
I have to get ready for work if I have another question will I be able to talk to you again if i answer the survey now?
Expert:  MShore replied 2 years ago.
Yes, please feel free to post any follow up questions you may have, and please remember to click Accept if I have answered your questions. Have a great day!
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
MShore and 3 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
What would be an appropriate way to get him back? A letter from the attorney demanding his return? Should the breeder go with any authority( the attorney or police) to get the dog?
Expert:  MShore replied 2 years ago.
Yes, a letter from an attorney would be the next step, if unsuccessful, the next step would be to file suit. Because this is a civil matter, the police would not get involved.
Customer: replied 2 years ago.
Our fear is that such a letter would push the organization to place him even if it was not an appropriate match. However, they may be trying to that anyway. I imagine the letter should just state the facts highlighting the contract and the fact that they are looking for placement outside of their own organization
as proof that he is not meeting the requirements needed to be a guide dog for the blind. Therefore, should be released back to the breeder. Are there any other points you would include in this letter? Would you state a time and place to pick up the dog?
Expert:  MShore replied 2 years ago.
I would articulate the facts, and request a date, time, and location to retrieve the dog; as well as state that the time for placement has passed and any attempt at placement at this juncture would be deemed void.
Customer: replied 2 years ago.
Thank you again
Expert:  MShore replied 2 years ago.
Thank you, have a great day.
Expert:  MShore replied 2 years ago.
Please remember to click Accept if I have answered your questions, and please let me know if you have any follow up questions.
Customer: replied 2 years ago.
if a suit would be brought against the organization where would it be filled. the breeder is in Illinois the association is in Wisconsin. The dog is in wisconsin was raised in one county but has been moved to another county.
Expert:  MShore replied 2 years ago.
Suit would be filed in Wisconsin as that state has jurisdiction over the association and the dog.
Customer: replied 2 years ago.
does it matter which county?
Expert:  MShore replied 2 years ago.
Yes, the county where the association is located.
Customer: replied 2 years ago.
thank you. that's all for now.
Expert:  MShore replied 2 years ago.
Thank you, have a great day.
Customer: replied 2 years ago.
I have another issue I would like to discuss. Is that possible?
Expert:  MShore replied 2 years ago.
Yes, please feel free to open up a new post and I would gladly assist you with that issue.

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