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blueskies · 04-03-2009, 10:47 AM

I want to know what some other opinions are on this strange situation. I have spoken with a few of my breeder friends already, but their comments vary. I am not going to use names, places, etc. because I don't want anything started. This is between me and the person, but I would like to know thoughts on the situation without any drama. In the fall, I purchased a very expensive adult male dog from another country. I signed a first right of refusal clause in the contract, which I was fine with and do the same for any dog I sell. Everything went as planned, although the amount of money went up for customs, but that was ok too. The male has a great temperament, and had already been proven in his first home. He is not a Yorkie, another breed, and he was my first of this particular breed. After several months, my situation changed and I realized that I was not going to have anything to breed him to, and also was not going to be able to start that breed at all in my program. The contract states that I must offer the dog back to the seller at the original purchase price. I contacted the seller and asked if they wanted to take him back. They answered and stated that they DID NOT want him back and that I could place him, but he was to be placed in a pet home only. That is the problem. This is a proven breeding male who has had the proper breeding tests, and he was sold to me for breeding purposes. I paid a VERY LARGE amount of money for him, an amount that I would not have paid had he been sold as a pet only. If I were to place him as only a pet, I would only get a few hundred at most, and take a very big loss. Is that fair? I replied and refused the pet only part, and said that I would like to be able to properly place him as a breeder in the right home. I have not heard anything back yet, but would I be breaking some sort of contract if I refuse and sell him with breeding rights? My contract states that I was to offer him back to the seller and the seller has a certain amount of time to respond in writing whether or not they want him back. That's all it says. So, in my experience and from what I have heard, this does not give the seller the right to say where and how I place him if the seller refuses to take him back, correct? First right of refusal gives them just that, the right to purchase the dog back, but does not give them the right to say where they are placed after they refuse. That has been my understanding, but maybe I am wrong. This person is in another country, so I don't know how things work. I do not want to step on toes but it is not fair that I've only had this male for a few months and I should lose thousands of dollars when he is a good breeding male. He has been tested, he is correct for the standard of this particular breed, and his puppies have been correct as well. If I place him as a breeding male, I would show him the same respect as I do any of the dogs I place. He would be placed in a home, not a kennel, and the home would be properly screened. Am I in the wrong here? What are your thoughts?

04-03-2009, 10:47 AM	#1
blueskies Senior Yorkie Talker Join Date: Oct 2008 Location: Tacoma, WA Posts: 138	Need a little advice I want to know what some other opinions are on this strange situation. I have spoken with a few of my breeder friends already, but their comments vary. I am not going to use names, places, etc. because I don't want anything started. This is between me and the person, but I would like to know thoughts on the situation without any drama. In the fall, I purchased a very expensive adult male dog from another country. I signed a first right of refusal clause in the contract, which I was fine with and do the same for any dog I sell. Everything went as planned, although the amount of money went up for customs, but that was ok too. The male has a great temperament, and had already been proven in his first home. He is not a Yorkie, another breed, and he was my first of this particular breed. After several months, my situation changed and I realized that I was not going to have anything to breed him to, and also was not going to be able to start that breed at all in my program. The contract states that I must offer the dog back to the seller at the original purchase price. I contacted the seller and asked if they wanted to take him back. They answered and stated that they DID NOT want him back and that I could place him, but he was to be placed in a pet home only. That is the problem. This is a proven breeding male who has had the proper breeding tests, and he was sold to me for breeding purposes. I paid a VERY LARGE amount of money for him, an amount that I would not have paid had he been sold as a pet only. If I were to place him as only a pet, I would only get a few hundred at most, and take a very big loss. Is that fair? I replied and refused the pet only part, and said that I would like to be able to properly place him as a breeder in the right home. I have not heard anything back yet, but would I be breaking some sort of contract if I refuse and sell him with breeding rights? My contract states that I was to offer him back to the seller and the seller has a certain amount of time to respond in writing whether or not they want him back. That's all it says. So, in my experience and from what I have heard, this does not give the seller the right to say where and how I place him if the seller refuses to take him back, correct? First right of refusal gives them just that, the right to purchase the dog back, but does not give them the right to say where they are placed after they refuse. That has been my understanding, but maybe I am wrong. This person is in another country, so I don't know how things work. I do not want to step on toes but it is not fair that I've only had this male for a few months and I should lose thousands of dollars when he is a good breeding male. He has been tested, he is correct for the standard of this particular breed, and his puppies have been correct as well. If I place him as a breeding male, I would show him the same respect as I do any of the dogs I place. He would be placed in a home, not a kennel, and the home would be properly screened. Am I in the wrong here? What are your thoughts?