I have a situation- please give advice

[Wend]

If it were me, I would renegotiate with her for a stud fee, rather than a pup. I would research what an unregistered dog studs out for in my area (I have seen them here for $100-$200) and offer that to her instead of a pup. I am sorry you are in such a tangle. That sucks.

[veguroev]

I agree with other posters. Give her a reasonable fee and keep the babies.
She doesn't even deserve her current dog! I can't believe she wants to get rid of the one she has for a puppy!

[dmcclendon]

yes, she did say she was thinking about getting rid of the sire because she works and cant take care of two dogs. she also said she teaches special ed. at the school and that she would have to take the pup to school with her to take care of it. that it would be a good learning tool for her kids. WHAT!! do i want my pup to be there? i dont know how to mean and just call this OFF. i'd rather keep of of my furbabies now. confused.

[Nancy1999]

Originally Posted by dmcclendon

yes, she did say she was thinking about getting rid of the sire because she works and cant take care of two dogs. she also said she teaches special ed. at the school and that she would have to take the pup to school with her to take care of it. that it would be a good learning tool for her kids. WHAT!! do i want my pup to be there? i dont know how to mean and just call this OFF. i'd rather keep of of my furbabies now. confused.

Wow, I don't think that's a good idea either, it's so hard to teach children how to handle a puppy carefully, and Yorkie puppies are so small. If you do get her to accept a stud fee instead of the puppy, I hope you have her sign something, or if you give her a check you can write on it "paid in full", and she won't have any grounds to sue you.

[dmcclendon]

i dont know how to get her to agree to a stud fee. she is still telling me she will have the registered papers on the stud in about a week but then she told me he was already registered in the beginning. we made no written agreement at all on this. shes just a neighbor and i messed up. we verbally said she would get a puppy and she told me she wanted a girl, i said ok. she has never even seen the pups and their over six wks now. she lives about 6 blocks from my house. im soooooooo scared to give her a puppy even is she does come up with the papers on the sire. i found out that she gives all her dogs away or sells. two years ago i met the parents of the sire, she gave them to family she said. what will she do with my pup i wonder? can she really sue me without any written agreement or proof of anything. still worried

[Rerun201]

I suppose it's possible she may try to sue in small claims court...there certainly are a lot of people out there doing it. The question of whether she would win or not is the real issue. As far as I can see, she violated the original "verbal" agreement when she didn't produce the papers she said she had. If it were me, I would tell her you've decided to keep the pup with the issue of the papers. I really doubt she'll take the time to sue if she doesn't even have time to take care of dogs, but if she does, let her. I agree with Nancy, write "paid in full" on a check. Good luck, and good for you for looking out for your puppies!!

[lydia 48]

I wouldn't give her one of my pups. I might pay her something. If you didn't sign a contract I wouldn't worry about it.

[dmcclendon]

no contract made. just verbal agreement after she said she had all the papers on the sire. (which she did not) no stud fee either. just that she would get a pup. today is 7 wks and no word from her. i really am worried to even give a pup at this point because i fear she will just get rid of it that her own dogs in the past. i am so torn on this issue. man, ive learn a lesson here. i love all the pups so much but family members are awating two out of the four and here i am no papers sent off at all. she really put me in a fix. if i dont here from her this weekend i think i might call and offer a stud fee with unregistered pups! im thinking that may be fair but i dont know.

[TammyJM]

Originally Posted by dmcclendon

no contract made. just verbal agreement after she said she had all the papers on the sire. (which she did not) no stud fee either. just that she would get a pup. today is 7 wks and no word from her. i really am worried to even give a pup at this point because i fear she will just get rid of it that her own dogs in the past. i am so torn on this issue. man, ive learn a lesson here. i love all the pups so much but family members are awating two out of the four and here i am no papers sent off at all. she really put me in a fix. if i dont here from her this weekend i think i might call and offer a stud fee with unregistered pups! im thinking that may be fair but i dont know.

She is the one that did not follow through on what was agreed upon. If it were me, I would NOT feel comfortable entrusting her with one of my precious babies! I would give her a stud fee, even though she didn't uphold her end of the bargain....I don't know, I guess I would bad if I didn't give her something. I wouldn't give her a huge stud fee, though. Maybe see what the typical fee is in your area and whether or not those are AKC or CKC....I would imagine the CKC fee would be less, but that is only a guess....also, remind her that you are providing a stud fee even though her dogs are not even registered like she had promised.

But, no, she would not get one of my babies.

[vlccairo]

I'm not a member of the bar in MS, so this is NOT legal advice. Just my opinion, which is that there may be a contract because there was a promise and performance, although even that is questionable since she lied about the registration.

Even if there is a contract, it seems to be partial performance (No papers) so only partial payment is required. It seems like a check for the stud (which was performed) marked Paid in Full would meet your responsibility under the contract. Giving her the puppy would be payment for full performance on her part, which has not taken place.

Part payment for actual services provided would discharge your obligation, so you can feel ok about doing it. Her only argument would be inadequate time to perform (the papers), but that's a matter of opinion and you are not being unreasonable in your expectations.

If it were determined that there was no contract because she lied about a crucial term, you would owe her nothing. But I see no reason why you shouldn't pay her the minimum for an unregistered stud, if that helps you to put this behind you. Do what you feel is best for you and the pup. You'll get lots of support here!

I hope this helps you lay this matter to rest.

Repeat: This is NOT to be construed as legal advice.

Can you tell I'm trained as a lawyer?

Good luck from me and Samantha,
Vivian

Oh, do keep the pup.

[vlccairo]

Originally Posted by TammyJM

She is the one that did not follow through on what was agreed upon. If it were me, I would NOT feel comfortable entrusting her with one of my precious babies! I would give her a stud fee, even though she didn't uphold her end of the bargain....I don't know, I guess I would bad if I didn't give her something. I wouldn't give her a huge stud fee, though. Maybe see what the typical fee is in your area and whether or not those are AKC or CKC....I would imagine the CKC fee would be less, but that is only a guess....also, remind her that you are providing a stud fee even though her dogs are not even registered like she had promised.

But, no, she would not get one of my babies.

Excellent advice. And put it all in writing with dates and keep a copy.

Hugs,
Vivian and Samantha (well, kisses from Miss S, actually)

[Gennies]

Originally Posted by vlccairo

I'm not a member of the bar in MS, so this is NOT legal advice. Just my opinion, which is that there may be a contract because there was a promise and performance, although even that is questionable since she lied about the registration.

Even if there is a contract, it seems to be partial performance (No papers) so only partial payment is required. It seems like a check for the stud (which was performed) marked Paid in Full would meet your responsibility under the contract. Giving her the puppy would be payment for full performance on her part, which has not taken place.

Part payment for actual services provided would discharge your obligation, so you can feel ok about doing it. Her only argument would be inadequate time to perform (the papers), but that's a matter of opinion and you are not being unreasonable in your expectations.

If it were determined that there was no contract because she lied about a crucial term, you would owe her nothing. But I see no reason why you shouldn't pay her the minimum for an unregistered stud, if that helps you to put this behind you. Do what you feel is best for you and the pup. You'll get lots of support here!

I hope this helps you lay this matter to rest.

Repeat: This is NOT to be construed as legal advice.

Can you tell I'm trained as a lawyer?

Good luck from me and Samantha,
Vivian

Oh, do keep the pup.

I agree totally! If you look at this legally she should get some compensation for the fact that you have the puppies at all. I would not give her a puppy though!!! A stud fee is more then enough. She's lucky your an honest person and wants to do what is right. There are so many people in this world that wouldn't give her anything. IMO a payment is the right way for you to go.

She sounds like the type of person who wants a puppy and then once it's grown, she no longer wants the adult dog. So sad!!! This is why there are so many adult dogs in need of a loving new home. Please, don't give her one of your puppies. And don't worry that your puppies are not registered. If you are giving them to family members they should be happy to have the beauties and not worry about a useless piece of paper. Which is really what it is if your not showing the dogs. If they are wanting to breed them, then I could see the need for the papers. But how sad to think they are getting a baby only to want it to make babies in the future. They are lucky to be getting a puppy. Just read some of the threads on here about how hard it is to find a yorkie puppy. You sound like you truly love these babies and don't want them becoming breeding machines so I don't think you should worry so much about the paper thing. The important thing is finding safe and loving forever homes for your babies.

Lastly, I can't believe that your stud's mother would be allowed to take a puppy into a classroom of special needs children. I agree that would be way too dangerous to the puppy!!! To me the children in that class room should be her focus, that is what the city / county pays her for. And don't worry that she's your neighbor. She lives so far from you I wouldn't consider her a neighbor. Give her a check and be done with her. If you don't want to talk with her about it, then write her a letter explaining this and send the check with it. You can ever keep a copy of the letter and check and send the originals to her in certified mail so you get the proof back that she has gotten it. Then keep the copies along w/the certified mail return receipt just incase she tries to sue. Please, keep us posted on how it goes and if we can offer any more advise we're here for you. ((((Hugs))))

[Kenna]

Okay, IMO...yes there was a "verbal contract" stud service with CKC Registered dog...SHE broke the contract by not having a registered dog...I think you owe her nothing...

[dmcclendon]

i am soooo impressed by the thoughtfulness replies here and appreciate it. im a simple person and love animals. im NOT worried about a law suit. i have been in law for years and know plenty of ropes. however, morally the right thing really plays on my mind. hopeful you all read this and know how grateful i am. i will give her this weekend only to contact me. i will let you all know. the stud fees in this area are very low (unregistered dogs) having said that i worry more about what shes going to do with this pup in months to come or a year or so. my husband, being honest and all red neck great guy he is, says " honey dont worry" just call her and get her address and send some money for stud service and tell her forget you ever met me lady. hes funny but i love him. keep advice coming!!! you all are soooooooooooooo helpful in making my mind up.

[littlepixie12]

Originally Posted by dmcclendon

i dont know how to get her to agree to a stud fee. she is still telling me she will have the registered papers on the stud in about a week but then she told me he was already registered in the beginning. we made no written agreement at all on this. shes just a neighbor and i messed up. we verbally said she would get a puppy and she told me she wanted a girl, i said ok. she has never even seen the pups and their over six wks now. she lives about 6 blocks from my house. im soooooooo scared to give her a puppy even is she does come up with the papers on the sire. i found out that she gives all her dogs away or sells. two years ago i met the parents of the sire, she gave them to family she said. what will she do with my pup i wonder? can she really sue me without any written agreement or proof of anything. still worried

I am not saying that she wont sue you because anyone can sue anyone for anything BUT if she tries she wont have much of a case because she verbally told you that her stud had papers and so by lying she voided her own agreement. And you did offer to pay her for the stud service so you are upholding your end of the agreement even though she didnt hold her