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Old 06-13-2010   #1 (permalink)
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Unhappy Very Important Law Help

I have a pure bred Boxer. I have bred her, she is well cared for but ultimatley is a family not a show dog. Either way we have done everything correctly, many reutable vet visits, her pregnancy is being closley monitored by our vet, she is very healthy, she is very loved. We will be keeping one pup, we have family members who want pups and close friends. We will not be selling for profit. She has never been bred before and will never be bred again.
Now my issue, my agreement (verbal only, no writing) with the stud's owner was pick of litter or stud fee. Now that my pups are due anytime Studs owner lets out her dirty little lies. I thought I knew this person. At the same time she bre with my dog she bred her male with other females with a pick of litter agreement. She will own her stud dog, at least one pick of litter from another litter, she wants pick of litter from my litter, I found out she had a female mixed breed dog at home (not spayed) who now has 14 day old pups with the stud male (10 pups in total), she has admitted now to not having her dogs to the vet for shots etc.
She has now told me she is selling the 10 mixed breed pups for 200.00 except she has not advertised yet as she wants to see what the pure bred pups look like and if they look similar then she will try and sell as purebred when they are actually a mix of boxer/shepard. I also found out she is expecting herself and has a 1 years old, on top of this she is on welfare now (new apprently), I also found out through facebook that her fiance and her split up breifly last week at which time he took her stud dog and used it as leverage against her.
My point is after all this she is saying she i keeping her stud, her female and not spaying her (wants more pups someday), she is keeping a female from the 10 pups they whelped, she is keeping a female from the other stud service she provided, she is inquiring about getting a small breed dog (chihuahua) but only wants a female unaltered, and now she wants a female from my litter. All these animals and people live in a 2 bedroom apartment.
I take the full blame for not knowing this about her before breeding and understand I have put myself in this mess, however, if ever I was going to do pick of litter this is not a good situation and I would be sick everyday forever if I had to give her one of my pups. My dog is my family, and so are the pups, I feel I am bringing about their lives and this makes me solely responsible for their care and not just up until they go to new homes. We have another vet appt this week to determine size, positioning in the horns as well as how many pups. Anyway I have offered this woman money for her stud service but knowing what I know I would never give her a pup and I believe most wold agree with me. This was not fully agreed upon as to whether she would recieve money or puppy in the beginning it was something we agreed to wait and I would decide later on.
She is now harrassing my family and threatening civil court as she wants an unaltered female and I am now refusing outright due to her living conditions and quality of life for the dogs.
It would be over my dead body that she gets a pup knowing what I know now.
I am in Ontario does anyone know how this may play out. I shoudl have done an in writing contract, but in some ways I am glad I didn't as it would kill me to have a contract stating yes she gets a pup and knowing it will have no quality of life and by the sounds of it this woman is definatley planning a home based puppy mill for quick cash.
Thanks for all support in advance. If you feel the need to bash me for breedign with this woman please don't I am beating myself up about already. I feel terrible and I refuse to let my pups suffer. Again this was never for profit for me, as one pup will be a family pet in his/her forever home. My female is scheduled for Spay as soon as pups are weaned and off to new homes which are with family and close friends who have also agreed to proper care and no breeding.
I am sick with worry that I may be forced to give a pup to this woman. She is outright refusing any cash as you can not breed cash for cash.

:cry::shock:ops:
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Old 06-13-2010   #2 (permalink)
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I won't bash you for breeding but hopefully other people can learn from your story and horrible position you find yourself in.

But if I have understood you correctly:

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This was not fully agreed upon as to whether she would recieve money or puppy in the beginning it was something we agreed to wait and I would decide later on.
I don't see where the problem is. It was up to you to decide so you can give her the price of a puppy and cut off all ties and communication with her. You can't do anything for the pups/dogs she has now but from what you have said there is no reason why you should give her pick of the litter.
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Old 06-13-2010   #3 (permalink)
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Default I agree

I am offering her the fee, however she is saying this was never the deal and that she never wanted money, she is sayig shewill NOT accept cash but only will take a pup and if my response to a pup is no then she will be taking me to civil court.

Thank You for not bashing, and I definatley hope someone reads this that may have been considering something like this and learns from it. Sad part is I had a registered breeder and dog that we had met with once and were to meet again the next day to begin the breeding process and I went with this dog instead.
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Old 06-13-2010   #4 (permalink)
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My response to her would be "Go ahead". If neither of you has any proof of the arrangement it is her word against yours. You have the puppies, you are (or at that point will be) ready and willing to give her the cash. I doubt any court anywhere would look favourably on her in those circumstances.

If I were in your position I would just stop communicating with her. No emails/texts, don't answer her calls. Then when the pup is sold send her the money.
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Old 06-13-2010   #5 (permalink)
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Quote:
Originally Posted by cigwyllt View Post
My response to her would be "Go ahead". If neither of you has any proof of the arrangement it is her word against yours. You have the puppies, you are (or at that point will be) ready and willing to give her the cash. I doubt any court anywhere would look favourably on her in those circumstances.(Barb/Corky/Max here)--Unless she is very 'dumb'--wouldn't think she would want the court to hear about the many things you could say about what she is up to with her dogs. I would think therefore that this is a 'bluff' threat on her part. But she does sound like a stupid person---If she is that dumb, maybe you could enlighten her to what you would say in court!

If I were in your position I would just stop communicating with her. No emails/texts, don't answer her calls. Then when the pup is sold send her the money.
(me again)--Make sure you have proof that you sent her the money--check! And that she received/accepted it. Registered letter or whatever as a way to have all the proof you may need if she tries to pull a fast one on you and say she never accepted or got it! I am not knowledgeable as to all the laws and procedures---Just make sure you get the proof as she sounds like she would try something and if you end up going to court over any of this--You will have the evidence you will need to win!
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Old 06-13-2010   #6 (permalink)
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If there was no witness to the verbal agreement, it is her word against yours. In this case I would (though not appropriate for me to say) send her a certified check for equivalent of one pup and tell her this is what she agreed to in a letter. Do not give her pick of litter, if all you are telling us is fact. Be sure to keep a copy of the letter as well as cert check receipt. If she wants to take you to small claims court (which I doubt) you will have something documented to at least support what in the courts eye is an agreement.
Glad to hear you are no longer breeding. Those of us who do breed are reputable enough to document all issues with regards to stud service etc.
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Old 06-14-2010   #7 (permalink)
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I agree with what has been said. I would think you'd have the right not to give away one of the pups if this was only a verbal aggrement. In court she would have a hard time getting one of the pups without written documentation. She'd have to prove she was telling the truth over you. Make sure if she takes this up that you express how she is unfit to own one of the pups. I agree with not contacting her further. Send her the check then never talk again. She may not even take the matter up. If she does you'll be prepared.
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Old 06-19-2010   #8 (permalink)
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She won't dare to take it to court, because she will be uncovered for attempted fraud for trying to sell the puppies as pure-breds. Plus, you could have some dog health inspectors have an 'unsuspected visit'. You could give evidence if needed to a court in secret and she wouldn't have a clue. I've just taken a GCSE in law so good luck!
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