As is????? - Page 2 - YorkieTalk.com Forums

SoCalyorkiLvr · 04-20-2005, 04:05 PM

Okay, here is a good analogy, I hope.

What if soneone were "giving you a car for free"? Would you expect a warranty?

I know this is a puppy and not a car and we get emotionally attached to a puppy, but I don't think you can expect her to give you a puppy with a health guaratee which would obligate her to replace the puppy if it had something seriously wrong with it or died when you are not paying her for it.

I think you are lucky to be getting the puppy for free, or in exchange for a future pick of the litter! I would put it all down in writing in a simple format to cover as many contingencies and possiblies as you can come up with. Just state that if the puppy dies or is not suitable for breeding for any reason, you are no longer obligated to give her a puppy from a litter. She may want something else in that case, like a small amount of money for the pet she provided you.

A contract or agreement to be legal requires that both parties get what they bargained for. Just like it wouldn't be fair to hold you to giving her a puppy from a future litter if the puppy ends up unbreedable, it also wouldn't be fair for her to receive no compensation at all for the training, advice, mentoring and free dog. It must be an agreement fair to all parties.

Marlee · 04-20-2005, 04:32 PM

Thank you, that makes sense. I guess I was just worried about if somehthing went wrong, what I was to do to fulfill my end of te bargin. Thanks for your help.

schatzie · 04-20-2005, 05:07 PM

This is a breeding dog? As is?? So you will be making more puppies with an "as is dog"? This is extreamly odd? Free or no free, this is too weird. Id walk away.

What does the future hold for Yorkie pups with an "as is Yorkie stud"????

YorkieRose · 04-20-2005, 05:30 PM

I may have miss this point...do you have to breed this male to your female and give her a pup from this breeding? If so, think long and hard...it is very, very hard for a pet lover to give up a pup to a breeder..you will have no say where it goes, she could promise to sell it to a pet homr, only to sell to a high volume breeder..I am a breeder and I don't let pups go to these places..in fact I perfer mine to be pets period!

SoCalyorkiLvr · 04-20-2005, 05:52 PM

Good point Pat!

You could put that in the contract also. Spell our everything you want to happen in the agreement and everything she has promised and you have promised so everyone understands the bargain and the entire arrangement. If you don't mind giving her the puppy from the furure litter under certain conditions, spell them out.

"AS IS" just means you are accepting him "as he is" with no guarantees. He is still registered and has papers, etc. so he is still okay for breeding as far as all of that goes. The breeder who is giving the puppy away for free is simply alleviating herself from any liability should the puppy become ill or if it is discovered later that he has some defect or whatever. She just wants Marlee to know that she is not responsible for replacing him if any of these circumstances occur.

I think it's a win win for Marlee. She is willing to give you a show Potential puppy, mentor you and teach you how to show and breed, all in exchange for a puppy from a later litter. She sounds pretty decent to me, but then I am trusting to a fault sometimes. I always try to see the good in people over the bad.

Marlee · 04-20-2005, 06:22 PM

Quote:

Originally Posted by SoCalyorkiLvr

Good point Pat!

You could put that in the contract also. Spell our everything you want to happen in the agreement and everything she has promised and you have promised so everyone understands the bargain and the entire arrangement. If you don't mind giving her the puppy from the furure litter under certain conditions, spell them out.

"AS IS" just means you are accepting him "as he is" with no guarantees. He is still registered and has papers, etc. so he is still okay for breeding as far as all of that goes. The breeder who is giving the puppy away for free is simply alleviating herself from any liability should the puppy become ill or if it is discovered later that he has some defect or whatever. She just wants Marlee to know that she is not responsible for replacing him if any of these circumstances occur.

I think it's a win win for Marlee. She is willing to give you a show Potential puppy, mentor you and teach you how to show and breed, all in exchange for a puppy from a later litter. She sounds pretty decent to me, but then I am trusting to a fault sometimes. I always try to see the good in people over the bad.

I think you may be right here, and I am glad someone knew what she meant. The puppy from a later litter will hopefully be for show also. Pick of the litter female, with show potential. She believe the two dogs will produce a very nice puppies. yes she is a breeder, but she plans to keep the future dog.

I think it just scared me becasue when I bought Bridget she did have a 1 year gaurntee. I was expectin the same I guess. No i really didnt expect her to replace a puppy, or spend the money on it, I just worried if something did go worng, I would somehow still lose out, and becasue the way I had been through it before figured a garuntee was standard. Thank you for the input and clairfication, I reall appriecate it

04-20-2005, 04:05 PM	#16
SoCalyorkiLvr BANNED! Join Date: Mar 2005 Posts: 8,246	Okay, here is a good analogy, I hope. What if soneone were "giving you a car for free"? Would you expect a warranty? I know this is a puppy and not a car and we get emotionally attached to a puppy, but I don't think you can expect her to give you a puppy with a health guaratee which would obligate her to replace the puppy if it had something seriously wrong with it or died when you are not paying her for it. I think you are lucky to be getting the puppy for free, or in exchange for a future pick of the litter! I would put it all down in writing in a simple format to cover as many contingencies and possiblies as you can come up with. Just state that if the puppy dies or is not suitable for breeding for any reason, you are no longer obligated to give her a puppy from a litter. She may want something else in that case, like a small amount of money for the pet she provided you. A contract or agreement to be legal requires that both parties get what they bargained for. Just like it wouldn't be fair to hold you to giving her a puppy from a future litter if the puppy ends up unbreedable, it also wouldn't be fair for her to receive no compensation at all for the training, advice, mentoring and free dog. It must be an agreement fair to all parties. Last edited by SoCalyorkiLvr; 04-20-2005 at 04:54 PM.

04-20-2005, 04:32 PM	#17
Marlee YT 500 Club Member Join Date: Mar 2005 Location: Caldwell Idaho Posts: 956	Thank you, that makes sense. I guess I was just worried about if somehthing went wrong, what I was to do to fulfill my end of te bargin. Thanks for your help. __________________ Marlee Bridget's Mommy Bridget 's Romeo

04-20-2005, 05:07 PM	#18
schatzie *Moderator Emeritus* Join Date: Sep 2004 Location: Tontitown Arkansas Posts: 4,909	This is a breeding dog? As is?? So you will be making more puppies with an "as is dog"? This is extreamly odd? Free or no free, this is too weird. Id walk away. What does the future hold for Yorkie pups with an "as is Yorkie stud"???? __________________ ~~~~ Schatzie and Ransom ~~~~

04-20-2005, 05:30 PM	#19
YorkieRose No Longer a Member Join Date: Jul 2004 Location: South Florida Posts: 8,577	free I may have miss this point...do you have to breed this male to your female and give her a pup from this breeding? If so, think long and hard...it is very, very hard for a pet lover to give up a pup to a breeder..you will have no say where it goes, she could promise to sell it to a pet homr, only to sell to a high volume breeder..I am a breeder and I don't let pups go to these places..in fact I perfer mine to be pets period!

04-20-2005, 05:52 PM	#20
SoCalyorkiLvr BANNED! Join Date: Mar 2005 Posts: 8,246	Good point Pat! You could put that in the contract also. Spell our everything you want to happen in the agreement and everything she has promised and you have promised so everyone understands the bargain and the entire arrangement. If you don't mind giving her the puppy from the furure litter under certain conditions, spell them out. "AS IS" just means you are accepting him "as he is" with no guarantees. He is still registered and has papers, etc. so he is still okay for breeding as far as all of that goes. The breeder who is giving the puppy away for free is simply alleviating herself from any liability should the puppy become ill or if it is discovered later that he has some defect or whatever. She just wants Marlee to know that she is not responsible for replacing him if any of these circumstances occur. I think it's a win win for Marlee. She is willing to give you a show Potential puppy, mentor you and teach you how to show and breed, all in exchange for a puppy from a later litter. She sounds pretty decent to me, but then I am trusting to a fault sometimes. I always try to see the good in people over the bad.