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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9973
Experience:  30 years as a practising solicitor.
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I used a stud dog for my border collie bitch. The McLachlans

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I used a stud dog for my border collie bitch. The McLachlans have owned the dog for 3 years, and I have in writing that they did not want any form of stud fee for this service, nor was any fee payable to a Mrs Kerr, who still holds the KC registration papers for the stud dog in her name. Mrs Kerr, whom I have been acquainted with for 17 years and introduced me to the McLachlans, asked for a pup for her husband to have. I took the pup over, but as Mrs Kerr has been ill recently and was looking tired that evening, I neglected to complete the paperwork side of the transaction, ie bill of sale and KC registration papers. Mrs Kerr has subsequently rehomed my pup, withholding the true whereabouts of the pup for 3 weeks, and is refusing to pay for the pup, saying this was an agreed stud fee between myself and her! This was never mentioned by her on any previous occasion, and knowing the actual owners did not want a stud fee, I did not broach the subject with her either! I have given the people, who physically have my pup now, the opportunity to purchase the pup from me, but they have declined liability and refused any such payment to me on two separate occasions. Payment in now not an option available to them, as relationships have been soured, and I no longer wish them to keep the pup either. Can you advise me if Mrs Kerr has any legal rights to do what she has done to me, she has told me lies all along this process, and judging by the letter I received yesterday from the people who now have possession of my pup, she has lied to them also! If you cannot advise me, can you suggest a legal firm, in Scotland, who could assist me. Thank you. Tracey White
Thank you for your question.

This is quite specialised and to be honest, I'm not surprised that 10 legal firms have declined to act. I suggest that you ask the Kennel Club in Scotland who their lawyers are and get in touch with them. Alternatively you can go to the Law Society of Scotland, to find a solicitor.

I could answer your question based on the general law of contract but I suspect there may be other Kennel Club rules which I don't now about which may be relevant hence I think you should seek more specialised advice. There is no lawyer on this site that I am aware of that could answer your question.
Customer: replied 3 years ago.
The Law Society gave me contacts for 3 general lawyers, none of whom could advise me. The Kennel Club told me to contact a lawyers in England who do not take cases in Scotland and who could not point me to anybody who could help. I am really in a pickle just now about what to do! Mrs Kerr does not operate on a contract system, apparently, and tells me that's not how dog breeders work, which I know is not correct. I only bred from my bitch in order to keep a pup myself as I know the temperament, and we lost our old dog last year! There must be somewhere I can find help, if you think of anywhere else I should try, please let me know. I now simply want the pup returned to me, payment for her is no longer an option I am willing to accept!
Perhaps with your knowledge of the kennel club rules and procedures and mine of Scots law and the law of ownership we could work this out together if you want to try as it it's clear that you will have difficulty finding a lawyer in Scotland specialising in this. I'm happy enough to try if you are.If so, start by telling me everything you know about kennel club registration and related issues. My task thereafter will be to use that information and the law of Scotland to work out who is the present owner of this puppy.I will be offline until tomorrow now which should give you time to consider this.
I'm happy to help you further, however if your question has been answered can I ask that you leave positive feedback so that I am credited for my time.
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