| Breeder stole dog back, have contract...
What is the name of your state (only U.S. law)? MI
I dont know what forum this fits into, but I live in MI, bought a show dog from Maine in 2005 paid in full, I co-own him (on paper only) with the breeder but I have a contract signed by both parties stating I have full physical ownership of him, and I always have, I owned him for going on 4 years, the breeder asked for him to come up there for some shows, which is common practice, I agreed and sent him up there. I knew her for going on 6 years and thought I could trust her so thought nothing of it, it happens all the time with show dogs. Now she refuses to return him. First stating I did not meet my showing obligations, in my contract there are none, but I showed the dog for over 3 years and went above and beyond, and showed him at probably 100 shows over the years and did get some championships on him. He was getting older and not competitive no longer so I was done showing him and wanted him neutered which nothing in my contract stated that I could not do that. She never said anything against neutering at the time when I told her my wishes. She also knew the amount that I show my dogs before he came here and she was fine with it then.
Then once she realized that the showing obligations excuse would not hold up since there was nothing in my contract, she changed her excuse to I 'returned' him, since in her contract it states if I ever return him I have to sign off on his papers and she owns him. I NEVER returned him! I told her then where is my signed release of ownership then (because this is also common practice when signing over a dog) then she changed her excuse to I was a unfit home (which I was NOT, she never had a complaint about me ever in the almost 4 years I owned him until she had no other excuses to stand on, she raved to everyone what a great home I was for years up until she had him in her hands, but she has never been to my home so how would she even know either way) and if that is what she is sticking to, I have 2 dogs from her, then why did she not take the other dog too!?!!? (because its old and no longer breedable so therefore of no use to her)
This dog was a loved family pet first and foremost, showing was something we do as a hobby, he was getting old,(for his breed) grey and tired of it, on top of all the money invested into buying him, traveling up there, showing, I had all his health tests done and he passed them all, I never studded him out, and I wanted to neuter and retire him from the ring. I told her she could collect his semen for her use before I was going to neuter him and gave her plenty of time. I was not even required to do that, but offered. I think she seen a easy target and thats why she did this, because he was the only dog of her breeding that could pass all its health testing so she wanted him back after I invested all the time and money to get him to where he was. But I had the right to retire and neuter him if I wanted to. She told me to bring him up there for some shows then when he came back home I could netuer him and lied just to get him in her hands. She also said she sold him, which who knows if its true, but even if she did my contract also states I get any revenues from his sale which I have not, and you dont just give away a Ch dog for free.
In my contract with her I have 50% say to any breedings and I get 100% of any stud fees, and also there is a $5000 fine for any breech of contract, and SHE is the one breeching the contract by taking him when I have not violated any part of my contract, she is the one who breeched it by taking him when it states I have full physical ownership of him, she is breeching the contract by not FW any monies from his sale to me, and if she has bred him or studded him out she is also breeching the contract again.
I have a newborn and she knew the distance and money to start a suit would be a issue so she took total advantage of me. I do not make any profits from showing or breeding dogs, I only do this as a hobby only.
I am not sure where the law stands in this situation, I have heard conflicting info from attorney consultations and I dont know if someone is just out to get my money or not, I cannot put a lot of money out there just to lose my
case and my dog.
Any advice? | 
10-02-2009, 08:43 PM
Linear Mode
