question on pick of the litter

[salford1207]

hello everyone, I'm sherry in Oklahoma with a little problem and would like to see what you all think I should do. I have a little female Sophie, she just had her first litter. About a week ago I had an xray on her to see how many pups were coming. it showed two. In the beginning we really didn't have any agreement other than he would have pick of the litter. he wanted a female. Sophie had her first puppy at 11:30am and by 4pm she hadn't had the second. we were in constant contact to the vet. We ended up bringing Sophie to the vet where she got some injections to make her contract. I haven't got the vet bill yet. anyways she did finally deliver a dead puppy so we have the one. He wasn't sucking so I had to stay up all night of course and take care of this baby. Finally he started sucking and Sophie was feeding him. today he is only 1 day old but my question is, am I out of place to say I want this puppy? My little female has been through a lot and I can't imagine somone taking her only puppy and its not that I don't want to pay him for the service but he just said he wanted pick of the litter for a runt female. we aren't out of the woods yet either so I may be premature on this. Tell me what you think. this is a family pet, not for show.

[clm56]

Welcome to Yorkie Talk. I'm sorry to hear about the loss of the one little baby. In my opinion, you call the shots....you own the mommy and have 1 surviving baby. I would tell him that you will pay a stud fee but will not give up your only puppy. Don't feel obligated to give the puppy away and don't let him try to convince you otherwise. Good Luck with the new baby and let me know what happens.

Cheryl

[bjh]

Congratulations on your new baby. First of all it is always best to have a written contract between the bitch and sire owners so all options are covered. I feel that the sire owner should allow you to pay a stud fee instead of taking a puppy. I have had the same situation before and that is what I allowed the owner of the bitch to do. I do hope you get it resolved. I pray the momma and her new baby do well.

[salford1207]

I like your answer. I'm in charge. I really don't think the guy will be unfair, I just wish we would of discussed it before now. thank you so much for your time and I will let you know the out come. Sherry

[Wrenee4]

I hope it all works out for you! I never do pick of the litter anymore, but when I did I had it in the contract that in the event something just like this happened than they could choose to pay for the stud service - I certainly wouldn't want to take someone's only pup!!

[Ellie May]

I see it a bit differently. You entered a verbal contract that the stud's owner would get pick of the litter. The male now falls into that category and the stud's owner has rights to him. Because this was the agreement, I don't think, just because you own the mom, you can call the shots. That is what I'd see as fair and maybe even the only way to avoid legal action by the stud owner? However, that said, you can always ask the stud owner if you can just pay for the stud service instead of giving him that pup. He may take your circumstances to heart and agree to that. I don't think he will want to take away your only pup.

My concern is, why did he want a runt female? For a pet or to breed?

[Sugar's Mom]

One puppy does not make a litter so there is no "pick of the litter". See if he will let you pay a stud fee and be done with it. And after this NEVER enter into a verbal contract again.

[bjh]

Dee, actually if you look at the definition of litter it says:

3: the offspring at one birth of a multiparous animal <a litter of puppies>

Plus she had two puppies and one died. That fact is irrelevant. If she had an agreement for pick of the litter then she should keep her word if the sire owner wants the puppy. Personally I would never do that to anyone. I had a verbal agreement with someone for pick of the litter and her female had only one female puppy but I did not have the heart to take her so I just told her I would take a stud fee of $300 instead. I could have taken the puppy and sold her and made a lot more money but to me that was not the right thing to do.

[WV~Yorkies]

I think he has the right to the puppy. I could never take a single but I would expect to get paid.

[chloesMama]

Legally you entered into a verbal contract which is just as binding as a written contract , so he does have the right to "pick of the litter" . But that being said , he seemed to want a small/runt female and may not even want the male surviving puppy. Talk to him and find out if he will take a stud fee and let you keep the pup. Chances are he wont want the male and it wont be an issue. Oh , If you plan on doing it again I recommend a written contract that doesn't include Pick of the litter.

Good luck !

[BamaFan121s]

I think he has the right to the puppy--that was the agreement, pick of the litter. Now if he offers to let you pay a stud fee, that's his choice. IMO, that would be the nice thing to do, but if he wants the only puppy, IMO he is entitled to it.
Yes, you should have had a written contract carefully outlining the details of your agreement, but you didn't. All you had was your verbal agreement and what is done is done. You will have nothing to show for it, and it is truly a bad situation, but it is what it is. Hindsight is 20/20 and this is a hard lesson learned about what are often the hardships of breeding and making sure you have all your bases covered. This is why, if I ever needed to seek outside stud service, I think I would only enter the agreement if I could pay a stud fee.

[Breny]

I don't do anything without a contract...I have a contract for everything ! LOL BUT thats just the way I am.

I did a stud and gave her a choice...pick of litter, or fee. She chose pick. So I drew up the contract BUT I always state that if the breeding ends up with 1 pup that then the bitch owner has her choice to give up the pup or to pay my stud fee.

In this instance....she decided she wanted to give me the pup. I kept telling her no...I feel bad taking your pup, but she insisted. So I also threw in a FREE breeding her girls next heat

I just like to be fair.

Let us know what happens. I'm sorry you lost one.

[karren]

The only surviving pup is a male and the stud owner wanted a pick of a litter but he wanted a runt female. So I think both of them has to talk to each other and maybe the next litter will be better. This is just my opinion.

[BamaFan121s]

Originally Posted by karren

The only surviving pup is a male and the stud owner wanted a pick of a litter but he wanted a runt female.

What if it had been a litter of 5 with no females. Does that mean that he still wouldn't have been entitled to it because he ideally wanted a female and there wasn't one?

[MindieRose]

Originally Posted by salford1207

but he just said he wanted pick of the litter for a runt female.

That part bothers me. What kind of guy was this? Was he running a puppy mill or something? Who asks for the "runt female" as pick of the litter? Most people, if they were looking for a female, would want the most healthy and suitable for breeding if that is what he wants it for. Often times runts can have health issues. Sounds fishy to me.
With toy breeds, you always need to take into consideration when entiring into a contract, that there is always a possibility of one puppy being born.
I hope he is fair and just accepts a stud fee. From the sounds of it, he is just looking for a teeny tiny girl to breed, and may not be interested in a male at all, since he has one already.
If you breed again, I would personally look elsewhere for a stud.