fee
 

If you do not have a contract stating the terms in detail...then TAKE the $700...and be done with her! Suing is not worth it..the court will NOT give you the puppy..it will perhaps give you the price of the puppy, but you are going to fight a battle..TAKE THE MONEY!!!

PS..you are at that place where people say in hinesight..."how in the dickens did this get so out of control.." TAKE THE MONEY....

BabyFidgette's Right
 

Baby Fidgette is right. What Yorkie isn't a finicky eater? If there were McDonald's happy meals for puppies, that's all they would eat? Just like my 4 year old Boy and many other children do. She's a puppy, it's normal I think.

And what makes her think that you are not able to cater to the puppies needs and she is. She can't even uphold a simple verbal commitment, how is she the mother theresa of yorkies now?

Bottom line excuses are like ---holes. Everyone's got them and nothing good comes out of them.

Why wouldn't they? The Judge will be able to get out the whole story and the fact that they still have the female in their possesion. I say take her to court. And if you are only awarded money, make sure you go in with at least 10 examples of what top dollar little female Yorkies are going for. Maybe when the Judge slaps her that she owes you $2,000, she will be more than willing to hand you over the female.

suing
 

Check the law...they have NO contract. It is her word against her word. The judge will NOT force the breeder to give the female to her..the most she can hope for is the price...and she has to prove she can get exactly what the price is...if she says the pup would sell for $2000, then she must provide the court with proof..a buyer willing to pay, ads in the local papers, etc...pups of the same sex an quality she has sold in the past. Saying a dog is top dollar quality has to be proven..take the pedigree and pictures.

People get all up in arms and say sue...I would refuse to give the AKC papers, if that did not convience the breeder, then I would accept the male and sell for $1500 or whatever the going rate in her area...if she does not want to be bothered selling the male, then take the $700...

I do not care what they talked about and neither will the court..it is what the law states and there is no contract...and thebreeder may well lie or remember it differently.....saying she agreed to return A PUPPY, but did not say male or female...or she can say they had no agreement and left it to decide when the litter was born..people lie all the time..and if she will cheat her out of the female, then she will lie to a judge..the judge is not a mind reader and no contract means her word against her word...

Perhaps, the breeder will not want a court suit and give in..call her bluff..but once you piss her off she may not get the male or the stud fee...I , always believe the good guy wins in the end...
This has happened to me a few times..once the female owed to me died at 12months..person stepped on her on the stairs..she begged me for a stud service so she could try for the same puppy again to replace her..told me to name my stud fee...my fee was, sorry, my male is not available.

[QUOTE=YorkieRose;1036961]Check the law...they have NO contract.

Okay, I did just what you suggested and checked the law on verbal contracts. Here it is:

Oral Contracts
There is an old joke that "an oral contract isn't worth the paper it's written on". That's a reference to the fact that it can be very difficult to prove that an oral contract exists. Absent proof of the terms of the contract, a party may be unable to enforce the contract or may be forced to settle for less than the original bargain. Thus, even when there is not an opportunity to draft up a formal contract, it is good practice to always make some sort of writing, signed by both parties, to memorialize the key terms of an agreement.

At the same time, under most circumstances, if the terms of an oral contract can be proved or are admitted by the other party, an oral contract is every bit as enforceable as one that is in writing. There are, however, "statute of fraud" laws which hold that some contracts cannot be enforced unless reduced to writing and signed by both parties. For more information on the Statute of Frauds, please see this associated article.

Please note that, although sometimes an oral contract is referred to as a "verbal contract", the term "oral" means "spoken" while the term "verbal" can also mean" in words". Under that definition, all contracts are technically "verbal". If you mean to refer to a contract that is not written, although most people will recognize what you mean by "verbal contract", for maximum clarity it is helpful to refer to it as an "oral contract".

It sounds like to me that either:

A) she's trying to get herself a teacup yorkie by keeping her, realizing how small she is(the smaller they are the harder they are to come by) If I had an extreme tiny I wouldn't sell her for any amount of money.

B) she realizes that a small female could eventually sell for thousands.

Either way, if you really want the female instead of the money hold your ground. It seems like you have witnesses that heard her telling her to name the puppy and that she was yours.

I googled "verbal contracts" and this was the first article that came up.........I say stick to your guns.......ESPECIALLY if you have witnesses.........


Generally, oral or verbal contracts are indeed legally enforceable, but there's a fundamental problem: how do you prove what was agreed upon? That's why written contracts are far more useful, because everything's down in, well, black and white.

Here are some thoughts on this subject from around the Web.

Fran Przyblewski wrote a good piece in SeniorMag that highlights:

"The problem with verbal contracts are that they are often very hard to prove, especially if they are very complicated or have no independent witnesses. The parties themselves may not even recall the exact details to which they agreed. Therefore, if neither side can can show a written contract, judges are often forced to apply "fairness" or other governing state laws. The problem with "fairness" is that at least one person won't consider it "fair."

"In general, try to avoid verbal contracts. Anyone that wants you to agree to something but won't put it into writing, just isn't worth the time. And they are very likely out to scam you."

Wikipedia, in its article about oral contracts, says:

"In general, oral contracts are just as valid as written ones, but some jurisdictions either require a contract to be in writing in certain circumstances (for example where real property is being conveyed), or that a contract be evidenced in writing (though it may be oral). An example of the latter being the requirement that contract of guarantee be evidenced in writing that is found in the Statute of Frauds. Similarly, the limitation period prescribed for an action may be shorter for an oral contract than it is for a written one."

And, finally, Law.com says:

"an agreement made with spoken words and either no writing or only partially written. An oral contract is just as valid as a written agreement. The main problem with an oral contract is proving its existence or the terms. As one wag observed: "An oral contract is as good as the paper it's written on." An oral contract is often provable by action taken by one or both parties which is obviously in reliance on the existence of a contract. The other significant difference between oral and written contracts is that the time to sue for breach of an oral contract (the statute of limitations) is sometimes shorter. For example, California's limitation is two years for oral compared to four for written, Connecticut and Washington three for oral rather than six for written, and Georgia four for oral instead of 20 for written."

Hope that's helpful. Good luck.

That is what I have been saying all along. At this point, I can't even see trying to preserve a coworker friendship. Those aren't the kind of people I want for my friends. And you do have a witness. Even referencing that the female is yours. Furthermore, this lady would have to explain why you would just "donate" your stud to her since you are merely coworkers, not lifelong friends. She will have no reasonable explanation why you would make a donation to her. When you go to court, not only have proof of what a top little Yorkie female sells for, but also a page full of stud contracts. Most state they either get such and such dollars (not after the pups are born either), or pick of the litter. Pick of the litter is just that. Not what the female's owner's decide you get. Without that stud there is no litter. Period. I would be telling your plans to her Monday or picking up that baby. She will be just fine with you. The longer this drags on, obviously the more they are falling in love with her and won't want to get rid of her. Also, court filing takes time so time is of the essence.

This is what i would do..... Record your conversation!!! Make sure you get her to say she was going to give you the female puppy! Then after you have evidence that she is backing out of the deal confront her tell her you have recorded this conversation make it clear to her if she does not part with the puppy you will take her to court and not only sue for tje puppy but mental cruelness as well. Unless this lady is a lawyer this will scare the crap out of her! Also when you talk to her on the phone when recording make sure you give her options like my concern is for the puppy i would like her to stay with the mom for 12 weeks i would love to talk to the vet you are taking her to. things like that to show you are in good will! Also have you signed the AKC papers yet? If not DO NOT!! Make it clear to her that the buyers have wised up to the non papered puppies and she will barley get a freaction of the price she is asking for with out the papers. If the dog was sick or something i could understand but i agree with everyone else she either wants this female to breed with or to sell at a higher price. if all else fails tell her that the stud fee will be $1200.00 because that is what you would sell the male for. Also get some of your co worker that heard her say she would give you the female together smooze them a little and cry a big story about her this will in turn make it hard for her to get releif. Also go to her house and talk in person with her tell her i want proof in writting from the vet and also the vets phone #. Tell her if you want me to give up on this you will need to provide me will proof. Good luck and keep us updadted.

Another good point. I would get the vets name and number anyways. If you do have to sue in court there will just be more proof that you had a vested interest in this girl and DID NOT donate your little stud to her.

Think about it. If this was a stud fee arrangment, she would have paid you at the time of the tie. It would have then been no concern of yours whether conception took place or not, whether the girl had no pups, one pup or 100 pups. The stud arrangement is done. Stud is paid and that's the end it. This will show even more so that there most definately was a verbal contract surrounding this whole breeding.

I think that you have been offered some great support. I just wanted to add that I am really sorry that you are having to go through this! Anticipation of a new puppy is exciting and fun and it is sad that this has been taken from you. I hope this works out for the best!!

Tammy

Wonderful! Then, YOU start talking it up at work. Ask about your female pup openly in front of your co-workers: "When can I come and get MY baby?", etc. If she insists on stealing your pup, then you may have to settle for the money offered. Tell her, in front of the people she asked about making the deal with in the first place: "Since it's clear that you're not going to be honorable about our verbal business deal, I'm afraid I will have to charge you a stud fee of $2,300 - a market price for the tiny female you've stolen". :p

She knows she can get twice that amount for a nice little female. I would not sign the puppy papers and that way she can not register them . I would let her know that if you don't sign off on them neither of the 2 will be registered. I wouldn't take the money. Why should she get any money at all for your little girl. Right is right and thats just wrong!!! She will change her tune then because all the money for the little boy goes down the drain too that way.

Any news on this?

That is so wrong. In my opinion the lady probably thought she would end up with more than 2 pups and more than 1 female. Too bad for her. Doesnt she know her yorkie isnt a machine.

I spoke with her yesterday, and I asked her how the puppies were doing. She began telling me about all the mischievous things the puppies have been up to. After listening to her story, I asked her when was I going to get my puppy. She looked up at her calendar and pointed at the 15 of April. I then told her I was really looking forward to bringing the puppy home, and all the plans I had for it. She just smiled at me. I won't be sure until I finally get her home. All I can do is hope she does the right thing and give me my puppy per our agreement.