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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 37392
Experience:  16 years practicing attorney, JD, BA, MBA
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I purchased an AKC registered dog to breed from another breeder/handler.

Resolved Question:

I purchased an AKC registered dog to breed from another breeder/handler. She was not going to breed her anymore. I paid $300 for her. She remained co-owner. I had rights to breed/show her. She "stated" when I picked her up that she might want a puppy from her future litter. I said "OK". The last 2 years I have had complete custody of the dog. I have maintained all health, feeding, breeding expenses, etc. She contacted me once needing me to pay for a DNA test for her due to something previous before I got her. I did. I had to resend it 3 times as the sample was not good. She wrote me nasty emails and said I better get this done and get it done now or she would come get HER dog and do it herself. I told her it had already been done twice and I paid for it when it was not even my dispute. I had 1 litter last year out of her. She did great...no problems. Now, a litter this year using my stud and everything that could go wrong has. I am a responsible breeder so I am fully prepared to take action when things go wrong. She notified me via my website because she noticed that she had been bred, that she wanted a female out of this litter. I said ok, not anticipating any problems. She retained a placenta and developed a deadly infection by the next morning. Took her to my vet that was on call as it was Sunday. She spent 19 days in ICU and had 4 surgeries. The cost for that was $2000 not counting the meds, ultrasounds, trips back and forth, ,nor the $1000 I have spent on the pups. She had 13 puppies and we have amazingly raised 9. I have had 3 helpers with me for the last 3 weeks bottlefeeding these puppies every 3 hours. We have had IV meds going to save some. It has been an up and down ride and a very exhausting one to say the least. This was her last litter. SHe had a hysterectomy as well as removal of several tits/mammary glands. I notified the co owner of all of this. She said she was sorry keep her updated. I then notified her that she was home, the status of the pups, excessive vet bills, etc. She sent a reply asking me to send her a picture of her puppy. I was surprised but I sent her a picture of the puppy. I only have 2 females that survived. Both were sold. I was going to keep one out of this litter but didn't to recoup some expenses. I am still bottlefeeding the pups. She has not been financially responsible in any way and I didn't expect her to. She also has not had to put in ANY effort whatsoever for a puppy. This female pup is down now and I do not know if she will make it. I have already had to return 2 deposits due to pups not making it. I know this is the business...but shouldn't it be the business for her also? What could happen if I do not give her the puppy? What right does she have? What rights do I have to recoup my losses on this litter?

Thank you!
Submitted: 5 years ago.
Category: Business Law
Expert:  Barrister replied 5 years ago.
Hello,

When you purchased the dog, did you have a written contract?

Are you both listed as owners of the dog on any registration certificate?

Was there any agreement as to any future rights to the dog (other than requesting a puppy)?

Did you agree in writing to give her a puppy?


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Thanks.

Barrister

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

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If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

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Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing.




Customer: replied 5 years ago.
There is no written contract. We are both listed on the AKC registration equal. There were no future rights other than the verbal request that she might want a future puppy. The only written form of agreement to a puppy is via email. She sent me an email stating she wanted a puppy out of this litter. I simply replied to the email "ok". This was months ago when the breeding was planned. I really thought under the circumstances she was going to forego asking for one until she sent me an email yesterday asking for a picture of "her dog".
Expert:  Barrister replied 5 years ago.
Ok, this is an odd arrangement since it doesn't appear to be a "purchase". It looks like more of an animal "ground lease" (to coin a real estate term) where you have the rights to possess and breed the dog for profit, but in turn are responsible for any costs associated with the dog. Since you are presumably not sharing any of the profits from the sale of the puppies, you couldn't hold her liable for the costs if things go wrong. If everything went great, she would not have a claim for a portion of the profits from the sale of the puppies.
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But the email agreement to provide a puppy would satisfy the writing requirement for a valid contract. She could sue and argue that a condition of the "lease" was that she was entitled to one puppy in addition to the payment. Your later confirmation of this via email by agreeing would support her position. So at this point, you would be obligated to provide her with a puppy, but only one.
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I know this is not the news you had hoped for.

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Thanks.

Barrister

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.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing.


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