Can breeder legally take four puppies?

[ronithrock]

What is the name of your state (only U.S. law)? Ohio

I bought a dog from my breeder (one of several from the same breeder of the years) with a contract stating that at 13 months of age she would evaluate and give me the yea or nay on using him as a stud at which time we would renegotiate the terms of the contract. At 13 months of age she requested many pictures, grilled me on temperament and vet findings. Then (through Facebook messages, all saved) said that she was excited to use him as a stud herself at some point and we agreed upon a payment of $700 or one puppy at the time of his first litter. After his first litter was born, I contacted her to see which she preferred, the money or the puppy, and was told that I was in breach of contract and that she required four puppies as payment. There was no new contract signed as we live hours apart as I trusted her word of one puppy/$700. Do I have any hope of avoiding the 4 puppy scenario and sticking with the one puppy or $700 scenario?

Side note: I paid $1500 for the dog. $700 would bring his price to $2200. One puppy would bring his price to $3100. Four puppies would bring his price to $7900. (Pet prices for this breed are $1600) Don't know if that is necessary information.

 

[quincy]

What is the name of your state (only U.S. law)? Ohio

I bought a dog from my breeder (one of several from the same breeder of the years) with a contract stating that at 13 months of age she would evaluate and give me the yea or nay on using him as a stud at which time we would renegotiate the terms of the contract. At 13 months of age she requested many pictures, grilled me on temperament and vet findings. Then (through Facebook messages, all saved) said that she was excited to use him as a stud herself at some point and we agreed upon a payment of $700 or one puppy at the time of his first litter. After his first litter was born, I contacted her to see which she preferred, the money or the puppy, and was told that I was in breach of contract and that she required four puppies as payment. There was no new contract signed as we live hours apart as I trusted her word of one puppy/$700. Do I have any hope of avoiding the 4 puppy scenario and sticking with the one puppy or $700 scenario?

Side note: I paid $1500 for the dog. $700 would bring his price to $2200. One puppy would bring his price to $3100. Four puppies would bring his price to $7900. (Pet prices for this breed are $1600) Don't know if that is necessary information.

What a very odd contract you entered into with the breeder.

If you purchased the original dog, I am not at all sure why YOU would be paying the breeder for the puppies.

I recommend you have the contract personally reviewed in its entirety by a professional in your area. It is impossible to tell from what you have written if there is any way for you to avoid "the 4 puppy scenario."

 

[xylene]

What a very odd contract you entered into with the breeder.
If you purchased the original dog, I am not at all sure why YOU would be paying the breeder for the puppies.

Given some of the bizarre and punitive purebred dog contracts we've seen here, I don't find it this odd at all.

It is like 'buying the land but not the mineral rights.'

You don't want the purchaser to make money breeding or dilute the line.
Why sell altered dogs, when you can compel breeding the dogs you sold?


#spayandneuter #shelterpets

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio

I bought a dog from my breeder (one of several from the same breeder of the years) with a contract stating that at 13 months of age she would evaluate and give me the yea or nay on using him as a stud at which time we would renegotiate the terms of the contract. At 13 months of age she requested many pictures, grilled me on temperament and vet findings. Then (through Facebook messages, all saved) said that she was excited to use him as a stud herself at some point and we agreed upon a payment of $700 or one puppy at the time of his first litter. After his first litter was born, I contacted her to see which she preferred, the money or the puppy, and was told that I was in breach of contract and that she required four puppies as payment. There was no new contract signed as we live hours apart as I trusted her word of one puppy/$700. Do I have any hope of avoiding the 4 puppy scenario and sticking with the one puppy or $700 scenario?

Side note: I paid $1500 for the dog. $700 would bring his price to $2200. One puppy would bring his price to $3100. Four puppies would bring his price to $7900. (Pet prices for this breed are $1600) Don't know if that is necessary information.

I am confused. Normally the way that stud fees work is that the breeder either pays YOU 700.00 for your dog's sperm or you get to pick a puppy from the litter that results from your dog's sperm being used. Therefore, I cannot fathom what you think is going on here.

I could see her perhaps saying that the litter had to produce at least 4 puppies for her to keep before she would pay you or give you a puppy (which is still wrong if the contract did not specify that) but I cannot fathom any scenario where you would owe HER any money or a puppy.

 

[ronithrock]

I am confused. Normally the way that stud fees work is that the breeder either pays YOU 700.00 for your dog's sperm or you get to pick a puppy from the litter that results from your dog's sperm being used. Therefore, I cannot fathom what you think is going on here.

I could see her perhaps saying that the litter had to produce at least 4 puppies for her to keep before she would pay you or give you a puppy (which is still wrong if the contract did not specify that) but I cannot fathom any scenario where you would owe HER any money or a puppy.

His registration is in both of our names. It is full registration, not limited. Transfer of ownership to exclusively my name was to be at the time of the $700/puppy payoff.

 

[quincy]

ronithrock, you really need to have the contract you entered into with the dog breeder personally reviewed by an attorney in your area.

The contract terms and conditions need to be read, and then interpreted, to see if all of the terms and conditions of the contract are enforceable as written. The contract needs to be read in its entirety to see if the breeder has the right, under the current terms, to demand what it is she appears to be demanding.

Although I agree with xylene that we have seen bizarre dog breeding contracts before, and I always puzzle over why anyone would enter into such agreements, if you agreed in writing to the terms, you can be legally bound by them.

A question: Did you pay $1500 for your dog upfront, or was the $1500 covered by giving the breeder a puppy or puppies?

 

[LdiJ]

His registration is in both of our names. It is full registration, not limited. Transfer of ownership to exclusively my name was to be at the time of the $700/puppy payoff.

Why the heck did you ever agree to purchase a dog under those conditions?