Contracts
 

We purchased a beautiful little girl from a breeder. In the contract there is a clause that says the breeder has the right to one littler off her before she is fixed.
The breeder just called as said she wants to use that right. I dont like it. What are the risks. Is there a way out of it. When we payed the 1500$ for her we were told she rairly contacted but it happens. She likes Chewy's coloring and features, behaviour and wants a litter off her. Is this normal.
HELP!:mad:

Omg! That's horrendous. I don't see how she has any right to subject YOUR dog to the possibility of death due to breeding or why you should have to have a pregnant dog in your home while she sits back enjoying your sale $. I know what I would tell her, but I didn't sign that contract- you did. I would suggest you have a lawyer look at it.

I'd have her spayed and tell the breeder to kiss my @!!! There was a couple of breeders here a long time ago that had this little scheme going. It's totally wrong and makes me sick. Is this breeder in the US or Canada?

What kind of breeder is this! I'm INCENSED for you.

Always read the contract before even looking at the pups. I feel bad for you. How big is your girl? Has she been through a heat already? Breeding is always risky and breeding her if she is under 5 pounds and or when it's her first heat make it even more risky. Personally if you really love your girl I would get her fixed and deal with the consequences of it because at least you will still have your girl. This is just so wrong of the breeder.

Whaaaaaaaat? Get a lawyer and spay your pup!

I wouldnt put your pup at risk for this breeder just get her spayed

Here's another question. Where does the male dog come from to produce this litter of puppies? Are you supposed to open your home to a strange dog or send your girl away to a strangers home because I'm pretty sure you need a male dog to produce puppies THIS AINT THE IMMACULATE CONCEPTION here! I'd think this little money making racket would mean you'd need to breed her to one of their stud dogs that travels around mating and making money in this breeding scheme. Spay your baby and tell her to go screw off! If she doesn't like it let her to come on YT and we can set her straight :D

This is actually a common clause in contracts where you may be dealing with a show breeder or a breeder that has really outstanding lines. I am not saying all show breeders do this, but it really is not unheard of.....is this breeder a show breeder with proven lines and winning dogs, a line and pedigree that has been passed down to your baby girl? She sold that pup to you with the understanding that for a $1500.00 price, the breeder has the right to come back and get a litter from her. You agreed to allow that. I would advise you NOT to have her spayed and then try to deal with the consequences.....that COULD cost you at least a guestimation of what one pup from this proposed breeding would sell for, multiplied by an average number of pups in the litter she may have.....How much does your little girl weigh? How old is she? A lawyer could perhaps argue she is too young to safely have a litter....he may also argue she did not grow large enough to allow her to be safely bred.....Good luck with this thorn in your side.....take your contract to your lawyer and see if there are loop holes you can use to negate the contract....some breeders just cobble up their own contracts because it is cheaper than getting a lawyer to draw one up that is essentially airtight.....maybe your breeder took the cheap way out and you have wiggle room and can get out of it. I am sure you would be required to send your baby girl back to the breeder for this mating, as the female usually always goes to the male rather than the other way around!

I suggest you call consumer protection. There is a fairly large breeder that does this little have a litter contract up and down the east coast. She is not a show breeder just a different form of a puppy mill. It's been posted on YT in the past and the old timers on here will remember the FB page started by this group of breeders that were involved in that lite effort to quiet our forum. Anyway, it was found out that part of purchasing from them the contract stated just this....buy the puppy and you were required to have 1 litter and they got pick of the litter. Over and over again. They were not using these dogs for show and they were not show lines. But what a racket they had going!

Get a lawyer have them review the contract. You may have wiggle room there. Another potentiality have your vet examine her, with very clear instructions for his assessment of her health as it regards her being bred. Be open with what you signed up for on the contract. If in his medical opinion being bred puts this female at high risk then that might be another avenue to go as well. He will need to document his findings and prepare a formal report.

And you should never sign a contract with provisions in it that you don't agree with.

Couldn't it be possible for the vet to certify she cannot breed because of her size or whatever? Take her to the vet and ask him the risks and if he agrees or not on letting her breed. If it is possible, no contract would legally make you do it.

I have heard of this from show breeders, but I think that I would never sign a contract that demands a litter from a female I bought, trained, showed. I have heard of some breeders that want the proceeds from a whole litter, and with BRT;s that can be anywhere from 6-9 or more puppies. I would never ever give anyone the right to supersede myself on when and to whom I dog I own will be bred.

It sounds like you are in a bit of a difficult situation. How well do you know the breeder and how is your relationship with them? Do you have any experience with breeding, whelping and raising puppies? How old and how big is your yorkie? Has she had a heat cycle yet? When you bought your female did you indicate to the breeder that you were interested in breeding. I can't imagine that any reputable breeder would make you breed your girl unless you were 100% ready and willing. I do hope you can get it straightened out.

Please keep us updated on what is happening with your issue....

I would be sure that your vet has documented in their official notes anything that might make it unsafe for your pup to breed/birth puppies. Get those findings clearly documented and explains this to the vet.

Keep us posted. This is very concerning! Did you know this clause was in their?

Best of luck:)

Rather than getting your "regular" vets opinion on the safety of breeding your female, perhaps you need to see a reproductive specialist, who has an extensive working knowledge of reproduction and is much more qualified to give an educated opinion about any breeding issues your female could possibly have. Regular vets 8 times out of 10, seem to think anything and everything is OK when it comes to breeding and whelping, and few of them get "into the weeds" where problems may actually be evident that could nullify your contract......few "regular" vets even concern themselves with measuring the pelvic ring of the pregnant female to see if the puppies are going to even fit through! If you are going to try to wiggle out of a contract, you want professional, competent specialists providing their opinions.......opinions that are substantiated by clinical outcomes.

That is ridiculous!

How detailed is this contract? Does it clearly state who is responsible for the medical bills resulting from the pregnancy? What about if an emergency c-section is required, who is the responsible party? What if you lose your girl to this pregnancy, how are you recompensed? If any on-going medical issue results from the pregnancy who is responsible for continuing treatment? Unless all these things are clearly detailed, even a mediocre lawyer could break this "contract".

I'm assuming with such desirable lines this girl is AKC CKC registered? In whose name is she registered? Do you own her outright or is she dually owned between you and the breeder?

That's ridiculous! I would not want to take care of a pregnant yorkie - I don't even know how. I cant believe that she is demanding this from you - if she wants puppies, she needs to breed her own dogs. What if something goes wrong with your dog, who is responsible for all vet bills? I would refuse but I am not sure what weight the signed contract carries.

Needless to say, everyone is shocked and appalled. Please contact a lawyer and a vet, and do everything you can to have this part of the contract nullified.

Hi and thanks
 

Hi everyone.
Thanks so much for the support. My husband and I will be speaking to a lawyer on Monday. We have also spoken to a friend, Chewy our little girl according to her is going to be on the small side to breed, in her opinion. The problem lies in the contract that we signed clearly that she can require us to give one litter. This is only a requirement if we own a girl. How it was explained to us is that in there 20 years they have only asked this 2 times. We have tried to speak to her many times but there is a language and cultural barrier. ( hard core french and I am an anglophone. We agreed that we would not show her as we wanted a family pet/ companion for me.
As to the question about breeding what we understand is we would take her there for breeding she would be with us till just before birth, then birth at the vets. Stay with the breeder for 12 weeks. I am hopping tomorrow that the lawyer will help and if not i may say that i wont put my baby in jeopardy and harms way for this.
I appreciate all the support. I am annoyed as we were to get another puppy of this breeder in the fall/ winter. A sister for Chewy. I want a Leia for our little Star Wars family. :aimeeyork

oh my, I can't even imagine being in that situation. I wouldn't want to breed any girls I have for someone else's sake. But yea, I wouldn't want to be responsible for all the medical bills for such a thing, either. It may be common in some cases of contracting, but it don't seem right. It'll be pushing it if the pup was given to family or a friend and expect it, but it's worse if it's someone that, for all intensive purposes, won't really have any or much connection with the breeder later on, otherwise.
I dunno, it would feel like handing your own little girl-child over to strangers to do whatever they want... and that just don't sit well with me :(

We have a meeting with a lawyer and our vet today. I will keep you all up to date, and we both thank you for the support and all.
To say that we will fight this is an understatement. I bought this baby to have as a companion a family member. We dont want to show her or anything. She was to be fixed in 2 weeks and we inted to keep it. When we signed the contract there we were told that she has only used the clause 2 times in extreme circumstances. A really nice puppy, or something about she lost a mother so to replace one? One problem in talking to the breeder is a language thing. I am an anglophone she is pure francophone. The contract was in all french, we went though it with our limited understanding.
To answer one persons question she explained the breeding would take place at her place, gestation at ours, birth at the vets/ or hers and then 12 weeks of whelping at her place.

Once again thanks for all the support for us and our little problem.
J, T, and Chewy

What a situation! I can hardly imagine it!

But I am wondering if, during the time you have had this dog and cared for it and kept it healthy (enough for breeding), fed it a good diet etc. has this breeder been contributing to this care. It is not inexpensive keeping a dog in tip top healthy.

Anxious to hear what your lawyer had to say, as well as the vet! Please update us!

I hope it all works out for you. :(

That is bothersome, I imagine this breeder is in Quebec? I don't know what the legal ramifications are between contracts where the seller is in one Province and the buyer is in another.

But google translate can translate for you your contract into English. And as you are located near Ottawa many lawyers are bi-lingual as well.

Let us see what the lawyer says, but be sure to ask her about medical/health reasons as a viable option to get out of the contract.

I am assuming this gal is around 1yr old? Know that both the CYTA and the YTCA do not advise breeding a gal prior to 18 months old, or after their second heat what-ever is the later.

You can goto both their sites to look up this information.

Update
 

Ok so... we saw the lawyer yesterday. A nice chap who is fluent in french and English. We also spoke to our vet who advised we wait till second heat before doing anything. But cause of our little girls size would say she would not recommend it. Chewy is small just over 3lbs. The lawyer said alot. But the biggest thing is he think he can get her on the fact that the contract was never formalized ( notarized on either copies despite a spot for it) and that the information is quite unclear as the contract says If the breeder wishes to have a litter it is at her discretion provided it does not endanger the female. So between my vet saying NO too small to young and that the contract was never witnessed we think she will back down. The lawyer told us that this happens oven that. breeders says that they wont ask for breeding rights but then come back and demand them. Feeling far more positive, and that our vet says this si not a good thing for our baby.
I guess we will have to find another breeder to get a sibling for Chewy. Anyone have recommendations for CKC or AKC breeder in Ontario, NY, MA, or NH. We will fly to a good breeder should we need too. But would prefer close to home..

That is great news. I am so happy that you are standing up for Chewy and doing what is right for her. I wish you the best of luck on your search for your new yorkie baby.

That is wonderfull news Just a question have you looked at your gals registration papers, and made sure you know if you are full owner of this gal or a co-owner. I hope that you do have the registration papers. I am assuming this dog is registered with the Canadian Kennel Club. At least I hope she is.

Breeders in Ontario: Durrer Yorkshire Terriers, Rigair Yorkshire Terriers

Betty Ann would be closer to you, but she is semi retired from breeding, but is usually very helpful in recommending good breeders of Yorkies.

Rigair is in Aurora Ontario which is about one hour north of Toronto. You can speak with Ilona Rodionova. www.rigair.ca

Oz Yorkshire Terrier REg'd Loreta Serafina

Vickilyn Reg'd Vicki Hamilton.

www.cyta.ca is the Canadian Association if you go there you will find a link also to rescue if you are considering a rescue.

Let us know how your contract situation resolves itself.