Stud Fee Restriction

[manolos mom]

Need some advise, A co-worker used a stud advertised in the paper. The stud owner wants 2 pups from the liter,one being a female. My co-worker found out that this person is Shady so he wants to put a Breeding restriction on pups so they wont be breed half to death. There was no written agreement. Is there anything he can do. The liter has not been registered yet..Any Advise would be grateful. Thanks Lissette

[blueskies]

I am not certain what her obligations are legally, but if she is the dam owner then she is the one who will receive the litter applications and be able to mark "limited" on the registration papers. If there is no contract I would say she would be completely within her rights to say that, but if the person is shady he/she could just turn around and register them CKC and breed them anyways.

[manolos mom]

Yes, my co-worker does own the dam. But does'nt the Stud Owner have to approve the AKC Application? If this doesnt work he is just going to offer the Shady stud owner cash instead of the pups...

[julietimothy]

most only want a fee, or one pup. There is many studs out there.

At the time of mating did the studs owner tell her she want two, or was this after the puppies was born? If it was after tell her no, (get them reg. 1st) (if they are AKC) Tell her she get pick of litter. I don't think you can make that call for as making it limited because as the studs owner she has that right. The thing is wanting 2 and yorkies don't have many puppies as it is. But if it was told before the mating that she wanted 2 there is nothing she can do. But find a new stud next time and put everything in writing. They most always want the female because if they are going to sell it, females goes 1st and higher price. Cann't do any thing about that.

[manolos mom]

My co-worker has a rescue Yorkie but also has German Sheppards. He bred his female German with the Shady owners stud. She had 10 pups and he has fallen in love with them and does'nt want the females bred. Not sure if he can do anything about this..Wanted to bring this to the Forum for Advise from Good Breeders. Thanks guys. Anymore advise will be greatly appreciated. Lissette

[julietimothy]

she cann't take their breeding rights away now, it would have had to be put in a contact before they breed their dogs. That is the bottom line. The best thing to do is next to make sure to get a contact on paper stating everything from fee, to pick of litter and breeding rights & ect. The pick of the litter is theirs, and it is up to them if they sell it, keep it as a pet or breed it. I court will tell you that. I know this sound bad, but it is just the way it is. All you can do it learn from it.

The only question is one or two pick of the litter. What was told at the time of breeding, did the studs owner say 2 then or has she changed and wants two now that she see there is alot of puppies?????

[Sugar's Mom]

You will not be able to limit the registration on the two she is getting but your others can go limited registration. If you argue with her about it, she might not sign the litter papers. The stud owner has to do that. I hope your co-worker looks at this as a lesson learned. Always do a contract and pay with cash instead of puppies.

[manolos mom]

Originally Posted by Sugar's Mom

You will not be able to limit the registration on the two she is getting but your others can go limited registration. If you argue with her about it, she might not sign the litter papers. The stud owner has to do that. I hope your co-worker looks at this as a lesson learned. Always do a contract and pay with cash instead of puppies.

I agree, just wondered if something else could be done..Thanks for your advise...I will pass it along...Lissette

[blueskies]

Originally Posted by Sugar's Mom

You will not be able to limit the registration on the two she is getting but your others can go limited registration. If you argue with her about it, she might not sign the litter papers. The stud owner has to do that. I hope your co-worker looks at this as a lesson learned. Always do a contract and pay with cash instead of puppies.

Not true if you register the litter online. These are AKC dogs, correct? If so, you request through AKC to register online using the registration numbers and the email address of the stud owner. Then they approve the registration by clicking a link in their email and YOU (the dam owner) are sent the registration applications where you can cut out or mark out the limited section. She most definitely COULD mark limited on the puppies but she would probably get some flack from the stud owner afterwards. I'm not sure what the obligations are legally if they had no contract to this effect. I believe the stud owner would not win because he, in fact, received the puppies, whether or not they were with limited or full registration.

[manolos mom]

Thanks so much. Yes I do think this was a huge lesson learned. Thanks for all your help you guys I will pass this info on. Thanks again...

[Sugar's Mom]

Originally Posted by blueskies

Not true if you register the litter online. These are AKC dogs, correct? If so, you request through AKC to register online using the registration numbers and the email address of the stud owner. Then they approve the registration by clicking a link in their email and YOU (the dam owner) are sent the registration applications where you can cut out or mark out the limited section. She most definitely COULD mark limited on the puppies but she would probably get some flack from the stud owner afterwards. I'm not sure what the obligations are legally if they had no contract to this effect. I believe the stud owner would not win because he, in fact, received the puppies, whether or not they were with limited or full registration.

i had forgotten about online registration. Still the stud owner might not give her approval.

[BamaFan121s]

These are all issues that should have been decided on in detail and put in writing BEFORE the dog was ever used as stud. Did she agree to these terms beforehand? If so, then she will need to honor the verbal agreement they reached. However, I must say that the terms of the stud owner are not reasonable and not at all normal. Generally, it's a fee or one pup from the litter, not two. Again though, if this is what your co-worker agreed too....

[Rosiegirl]

I agree with Bamafan. To be shady back to a shady person is not going to solve this problem, she should have turned around and walked (or ran) away from that deal before it went down. I just hope the dogs have a decent life, it sounds like they will be perpetual breeders. When you sit down and think of all the different ways a breeding could end up, there is a lot of things to agree upon to cover all the situations that could arise. I have heard of one lady who verbally agreed to just one pup in the litter and come to find out there was only one pup, she was obligated to let the stud owner have it, not good. So many scenarios.

[manolos mom]

Originally Posted by BamaFan121s

These are all issues that should have been decided on in detail and put in writing BEFORE the dog was ever used as stud. Did she agree to these terms beforehand? If so, then she will need to honor the verbal agreement they reached. However, I must say that the terms of the stud owner are not reasonable and not at all normal. Generally, it's a fee or one pup from the litter, not two. Again though, if this is what your co-worker agreed too....

Originally Posted by Rosiegirl

I agree with Bamafan. To be shady back to a shady person is not going to solve this problem, she should have turned around and walked (or ran) away from that deal before it went down. I just hope the dogs have a decent life, it sounds like they will be perpetual breeders. When you sit down and think of all the different ways a breeding could end up, there is a lot of things to agree upon to cover all the situations that could arise. I have heard of one lady who verbally agreed to just one pup in the litter and come to find out there was only one pup, she was obligated to let the stud owner have it, not good. So many scenarios.

I Totally agree with you guys. Im sure they have learned a lesson. Thanks so much for your help....LRod

[FlDebra]

I guess I look at it differently. Since there is no contract (which is unbelieveable, especially since she knew he was shady!) then there was no promise of full registration. I think of it as normally full registration is not included. So, if it is, then it needs to be stated. Now if they did discuss this, then there is an oral contract that, although hard to prove, should be lived up to. But if full or limited was never discussed, then I would think giving limited is the way to go. Full registration should be thought of as an extra, not the norm.

I would not expect full registration on any AKC purchase unless it was clearly stated. This guy should not expect it either. I am not sure how he is getting by with asking for 2 puppies anyway. The breeder I got my female from has discussed stud fees for my male, Ben. She sells her Yorkies for $1500. She boughta female from the same litter Ben was from. So, she is knowledgeable about his background. She said Ben should get $800 for stud fees. That is the same as she charges for her stud. Even pick of the litter is high for yorkies, because they could have just one. So, a fee is the way to go, IMO. I would never presume to ask for 2 puppies though. That is robbery -- it is the girl and the girl's owner who has to do all the work of raising the puppies.