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06-09-2010, 02:03 PM | #1 |
YorkieTalk Newbie! Join Date: Mar 2010 Location: SAN MARCOS, CA
Posts: 7
| Usual practice re: stud fee/ or pup Can the experts reply if the following terms for breeding are usual or even acceptable: 1) 250 stud fee cash plus 1000 cash extra if Bitch has no papers AND pick of the litter? 2) If the above is not paid the new fee is 4950 cash 3) Contract is missing almost everything. ie. Owners name, date, stud name date, proof of health, akc, service dates, location, conditions and contract/offfer offeree signatures and date. My bitch was successfully breeded and produced three male pups that I kept in our family. We are now being sued for 4950 because we did not give the professional breeder 1250 AND pick of the litter. The breeder thinks we had a secret female extra pup that we are keeping from her. Please any advice would be greatly appreciated. |
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06-09-2010, 04:27 PM | #2 |
Donating YT 2000 Club Member Join Date: May 2008 Location: Los Angeles, California, USA
Posts: 12,693
| WOW! That just sounds crazy. I'm sorry I have no advice for you. Good luck.
__________________ Littlest JakJak We miss you Kaji |
06-09-2010, 04:47 PM | #3 |
Donating YT 500 Club Member Join Date: May 2007 Location: upstate ny
Posts: 5,847
| Personally I would not have signed that but I wouldn't breed a dog without papers either. But if you did agree to it then I guess you have a problem.... |
06-09-2010, 04:48 PM | #4 |
Donating Senior Yorkie Talker Join Date: Mar 2006 Location: VA
Posts: 2,775
| thats nutz! its usually one or the other ($$ or puppy)..not both... wow i cant believe how crazy that is 1000.00 without papers???? did you sign a contract? if not...i would think she doenst have much of a claim..just the stud fee..which sounds like hers was 250.00? got to have it all in writing and need to have all info on both parties.. |
06-09-2010, 04:55 PM | #5 |
Donating YT 2000 Club Member Join Date: Jul 2008 Location: Quincy, IL
Posts: 3,668
| Contract seems very vague. Did you not pay any stud fee? According to what you have stated, the stud fee was money & pick of litter. If you signed the contract and terms were not met, the breeder does have the right to sue, of course I see nothing about when THESE terms need to be met. If there is no date of when terms need to be met, you can still pay the original amount and pick of litter.
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06-09-2010, 05:01 PM | #6 |
Donating Senior Yorkie Talker Join Date: Feb 2007 Location: North Dakota
Posts: 336
| First of all as a breeder I wouldn't breed a female that didn't have AKC papers and that I felt would improve on the breed. As for the prices that you have listed there I'd say the breeder you are talking of really pulled a fast one on you if you did in fact sign that contract. You state that there is no name or anything in the contract stating what it was for ie: who its between, what dogs were bred, who done the breeding and the signature of both the owner of the bitch and the dog. If in fact this is true then how does this person plan on proving anything in court? On the same hand if in fact you did sign this contract even though no names are listed then in a sense I feel the most you would owe them is the $250 stud fee or a puppy back but not both. And for the life of me I don't understand the $1000 dollar deal and a puppy back. I would seriously question this contract and why a reputable breeder would agree to breed an unregistered bitch just for the dollar factor. That in my book is just wrong and leave one wondering how this person could be concidered a professional breeder. Sounds more like a GREEDER to me but then thats just my opinion.
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06-09-2010, 05:07 PM | #7 |
Donating YT 1000 Club Member Join Date: Oct 2006 Location: Texas
Posts: 4,280
| Number One: I would have never bred a female without papers Number Two: It is not common practice to pay for stud services and get pick of the litter but if you signed the contract then that is what you agreed to do. Number Three: If you signed the contract and it states in the contract if you do not uphold what you signed and the amount is stated then yes you can be sued for that amount but if there was not an amount stated with the exception of the price of stud fee and the cost of a pick puppy that is all the owner of the stud is entitled. Now my take on it....I would never stud out my male to a non registered/papered bitch nor to anyone that wasn't involved in showing and bettering the breed. Donna |
06-09-2010, 08:15 PM | #8 |
No Longer a Member Join Date: Jul 2004 Location: South Florida
Posts: 8,577
| Is one is a lulu!!! If I am reading this correctly, you owe $1250 and one to the pups. You signed a congract to do so..so do so. Do I think this fair..no way.. Basically, you are paying $2000 for stud service for a non-papered bitch. If the breeder refuses a male pup and they sue, the judge will tell them they get a male and $1250..there were no females. BUT..the contract is lacking and would not hold up in court.so let them sue if it is small claims. An xray showing 3 pups would have solved this from the get go... I wish you luck..sounds like you are dealing with a blood sucker. Last edited by YorkieRose; 06-09-2010 at 08:17 PM. |
06-09-2010, 08:21 PM | #9 | |
Donating YT 2000 Club Member Join Date: May 2008 Location: Los Angeles, California, USA
Posts: 12,693
| Quote:
I'm not a breeder, but I would hope that those that do breed have enough love and respect for this breed and the animals in their care to only breed with the best intentions.
__________________ Littlest JakJak We miss you Kaji Last edited by DvlshAngel985; 06-09-2010 at 08:22 PM. | |
06-09-2010, 08:33 PM | #10 |
No Longer a Member Join Date: Jul 2004 Location: South Florida
Posts: 8,577
| The word Professional has several meanings in Websters..I consider myself one of those meanings. One who has an assured competence in a particular field... I would hate to think I am still an amateur...just my thoughts. |
06-09-2010, 08:38 PM | #11 |
Donating YT 2000 Club Member Join Date: May 2008 Location: Los Angeles, California, USA
Posts: 12,693
| True, an amateur breeding would be a scary thing. It's just that with that contract, and that whopping non compliance fee... I'm thinking they're a professional something else, you know?
__________________ Littlest JakJak We miss you Kaji |
06-09-2010, 08:39 PM | #12 |
No Longer a Member Join Date: Jul 2004 Location: South Florida
Posts: 8,577
| Professional con artists!! |
06-09-2010, 08:40 PM | #13 |
Donating YT 2000 Club Member Join Date: May 2008 Location: Los Angeles, California, USA
Posts: 12,693
|
__________________ Littlest JakJak We miss you Kaji |
06-10-2010, 05:16 AM | #15 |
No Longer a Member Join Date: Jul 2004 Location: South Florida
Posts: 8,577
| Breeders are in the position to take advantage of people..like anyone who deals with the public...but when it comes to breeding, there are few set rules. I tell any breeder new or old...make your contracts, deals and rules..THEN, ask yourself if this the way you would want to be treated, is it fair and if you read a thread on a forum about yourself would you be pleased with how you treat people? |
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