| txshopper73 | 04-06-2007 08:15 PM |
Quote:
Originally Posted by YorkieRose
(Post 1036961)
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.
| Good advice. But, you must remember this much. The courts can award the you a monetary amount. The courts, however, cannot force the lady to pay. You can put a lean ($110) on the lady's property for 10 years. A lean against house, car, anything of value that is in her name. If she tries to sell said items in the 10 years, she cannot get a clear title on it. Of course, this is in Texas. Laws may vary according to state so check with your local justice of the peace or county judge. | 