My experience with Jennifer Segal/Malinger Kennels Malinois (Admin Edit CKC issued papers to Jill) - Page 1

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by jillmissal on 20 April 2018 - 18:04

I hope that by posting this I can save someone else the hassle and stress I am experiencing.

April 20, 2018

To whom it may concern;

I wish to detail my experience buying Belgian Malinois from Jennifer Segal/Malinger Kennels. This account is factual to the best of my knowledge and ability.

I purchased two Belgian Malinois from Jennifer Segal/MalinGer Kennels over the past year. Both dogs were purchased as detection and search and rescue prospects. The first, a 14 month old female, was a breeder return. She was sent from the original owner straight to me. She arrived in a somewhat neglected and emotionally frantic state with some training problems and chronic diarrhea. The chronic diarrhea became a significant problem and gut issues plagued the dog until very recently, after veterinary intervention and emergency treatment for a particularly bad flare-up. Despite the initial bumps in the road, I have been happy with my female and I have since titled her in several disciplines.

I am not happy, however, that Jennifer Segal did not deliver the registration papers for the dog for over six months. When she finally did, they were still unsigned and in the name of the original owner. I have no way of getting the papers in my name without the signature of the original owner.

I also purchased a male puppy at 8 weeks old, about five months after I purchased the female. He had two minor seizures as a young puppy, and has recently developed panosteitis, a self-limiting but very painful disease. Luckily his flare-ups are, so far, infrequent. He has not had any seizures past the age of four months, thus far.

Jennifer Segal offered this puppy as a co-own but I declined to participate in a co-own relationship. Jennifer Segal sold me the puppy outright and asked that she be allowed to use him for stud. I told her the terms to which I would agree in regards to such an arrangement. She said she would be sending a sales contract containing those terms, but she did not.

Registration papers for the male puppy were not delivered though I asked many times. After six months, Jennifer stated that she had the papers ready but I would still need to sign a contract. I responded politely that the sale had already occurred many months prior and I would not sign a contract after the fact. Jennifer became irate and accusatory, and sent the contract anyway, insisting I sign it and withholding the registration papers until I did so. I found the contract to be overly controlling, dangerous to the dog’s health, and abusive to the buyer. Again I declined to sign. I have attached the contract to this statement for those who wish to read it.

Jennifer Segal refused to send the registration papers for the dog. I filed a complaint with the Canadian Kennel Club for non-receipt of papers for both of my dogs. The CKC gave Jennifer about a month to comply with the directive to send the papers.

Instead of complying, Jennifer Segal sought to change my male puppy’s registration from a Malinois to a Tervuren. This would prevent me from registering and showing my dog as a purebred in the United States, where I live. Jennifer has registered all other long-haired/coated dogs from her lines as Malinois and I believe she only seeks to do so in this case as retribution for my filing a complaint with the CKC. On many occasions she has publicly demonstrated her understanding that she must register her dogs as Malinois so that her US buyers can register them with the American Kennel Club. It is clear to me that her attempt to do so now, with my dog and only my dog, is simply retaliation. I find Jennifer’s actions to be malicious, vindictive, and dishonest.

Based on my experiences, I do not recommend purchasing a dog from Jennifer Segal.

Jill M.


by jillmissal on 20 April 2018 - 18:04

Here is the contract that the breeder insists I sign, six months after the purchase and delivery of the puppy.

MalinGer Kennels

Contract for Purchase as a Pet



The following contract is between Jennifer Segal and Jill M. herein referred to as the Puppy Buyer. This contract is for the purchase of a Canadian Kennel Club Registered Belgian Malinois, male pup. This pup has been purchased for the purpose of a Pet. This particular pup is being sold with the condition that he may be used at Stud, by the Breeder, when requested. The Breeder, Jennifer Segal, shall pay all expenses related to the breeding process; including semen collection, processing and shipment. Travel, if required, beyond two hours (of direct driving) shall be compensated at a rate of $20/hr.


Responsibilities of the Breeder
MalinGer Kennels agrees to provide a healthy pup, which has been checked by a licensed veterinarian within 3 days of pick-up/shipping. The puppy shall be of good temperament and genetic health at time of sale. The puppy is guaranteed against genetic Hip-dysplasia, and Elbow-dysplasia, for a period of three years by calendar date, providing specific requirements, which are detailed below have been conscientiously met. The general health of the pup is guaranteed for a period of 24 hours after the pick-up/shipping date, which shall be recorded as the day the puppy is removed from our care. MalinGer Kennels agrees to microchip the pup (the number is noted at the top of the contract), for the purpose of permanent identification. The microchip number will be used for the Canadian Kennel Club registration papers, which also maintains a database for recovery of dogs should they become lost/stolen.


Responsibilities of the Puppy Buyer
The Puppy Buyer agrees to keep their dog in good physical condition. This includes maintaining up to date vaccinations (limitedly) as well as all recommended preventative therapy as required by geographic region. The Puppy Buyer agrees to uphold high nutritional standards that include feeding a nutritionally balanced dog food (approved by the kennel). The Puppy Buyer agrees to train the pup using both a balanced approach and methodology from the date of possession. Failure to properly and diligently train this pup from the date of possession, which results in surrender back to the breeder, shall incur a fee of $1500. This will go towards training and boarding the dog to address the issues for which they have been returned. The puppy buyer also agrees to keep in touch with the breeder on a regular basis with pictures and updates on how the pup is doing: The breeder has the right to use said pictures for promotional use and advertising if desired.

It is highly recommended, but not mandatory, that Pet insurance for unexpected illness or accidents be purchased as soon as possible. Pet Care Insurance has the best rate of payable claims over the broadest areas for coverage.



Health Guarantee
The pup has been routinely treated for intestinal parasites, and the stool sample checked within 10 days of pickup/delivery was clear of all parasites. The pup has not been given any vaccinations before the noted shipping/pick-up date (see records provided). It is the future responsibility of the above noted puppy buyer to provide all vaccinations. We recommend that one to two DHPP vaccines be given between the ages of ten and sixteen weeks old, at least 4 weeks apart from any other vaccines or medications. The Rabies vaccine should be given ALONE – and not in combination with any other vaccine or medication. This should be discussed with your Veterinarian at your pup’s first appointment and a course of action be laid out. MalinGer Kennels does not support the use of the Leptospirosis vaccine, and if the puppy buyer chooses to give it, the health guarantee shall be rendered null and void.

It is a requirement that all pups must be taken to a licensed veterinarian within 3 days of pickup/delivery, so noted on the shipping documents. This is to ensure that the pup is indeed healthy and without issue. This stipulation protects both parties should be there a future dispute or grievance. Failure to meet this requirement shall render the 3 year health guarantee, detailed within this document, null and void.

The pup shall be guaranteed against genetic canine Hip-dysplasia, and Elbow Dysplasia, for a period of three years by calendar date, providing that the following conditions have been met: That the dog has been fed a nutritionally balanced dog food (approved by the kennel); and that excessive exercise, and rough housing has not taken place during the most critical growth periods - between the ages of 10 weeks and 14 months. This guarantee entitles the owner of an affected dog, who has abided by the following conditions, to reimbursement by replacement of the dog with another pup of equal value, sex/quality/registration - when one becomes available. No Monies shall be returned, and under no circumstances will any veterinary bills be paid by MalinGer Kennels or Jennifer Segal. Shall enacting this guaranteed be necessary, written proof of canine Hip-dysplasia ‘grade 2’ or higher in both hips is required in writing by the attending veterinarian with supportive x-rays to warrant a replacement pup. If a replacement pup is provided, said pup cannot be resold or rehomed to another individual. You may keep your original pet. There shall be no entitlement to reimbursement or replacement for any accidents, acquired illnesses or ‘acts of G’d’, which render the dog unsuitable or unwell.


Breeding Rights
This pup has been sold with non-breeding rights. Should this be breached, MalinGer Kennels has the right to repossess the dog, and shall receive $10,000 CDN in compensation. If the dog is repossessed due to Breach of Contract, the owner shall sign over the Canadian Kennel Club (and American Kennel Club) papers to the breeder and present them with the dog.




Contract Disputes
Any/all grievances to this contract shall take place in the court system within the province of Ontario, Canada, and it is the responsibility of the Puppy Buyer to be present at such proceedings, or judgment shall be made in favour of the breeder.

Damages awarded to Jennifer Segal if the contract is breached
Should any of the terms and conditions within this document be breached, it is agreed that Jennifer Segal shall be compensated by cash payment for each infraction in the following amounts. It is understood that this pup cannot be resold, or rehomed to another individual without written consent from the breeder. If for any reason you are unable to keep this dog, MalinGer Kennels must be notified, and assistance in re-homing the dog will be provided if required. MalinGer Kennels has first right of refusal in taking the dog back. The CKC/AKC papers must be signed over and presented with the dog before possession by the breeder will take place.

• Unauthorized breeding at any time in this dog’s life. $10,000
• Unauthorized sale or re-homing without written consent. $10,000
• Libel and/or Slander against Jennifer Segal or MalinGer Kennels $10,000


Additional Conditions
It is understood, and agreed upon, that no person(s) shall smoke in the presence of the dog, whereby they are in a contained space that the dog inhabits, or enters into for any length of time, such as a car or room.


Return Policy
If you are unable to care for the puppy, and need to return the puppy to us, you may do so at anytime. However, after the first three days of possession no monies shall be returned. If during the first three days of possession you are unable to cope, the pup can be returned to us and the purchase price, less the $500 deposit, will be returned to you if the pup is in good condition and is deemed fit and healthy by a licensed Veterinarian within 24hrs of return. It is the Puppy Buyer’s responsibility to cover any/all costs associated with returning the dog to the breeder in Toronto, should that be needed. The Registration papers will be submitted one week after all pups in the litter have gone to their new homes. After such a time, no monies will be returned, and CKC/AKC papers must be signed over to Jennifer Segal and presented with the dog, before possession by the breeder can take place.


Rights of the Breeder
It is understood, and agreed, that if the dog is in threat of being harmed, abused, neglected, abandoned, tethered without direct supervision, or subject to negligence in anyway, which shall include misrepresentation by the purchaser, Jennifer Segal shall have the authority to remove this dog from your care at any time, from any location, at any age. Removal of this dog is at the sole discretion of Jennifer Segal, and shall be executed upon request without issue. Jennifer Segal has the right to remove this dog from the above noted owner from their home, yard or any other private property or location. Notification of removal will be given in writing, however may not include advanced notice. Should this clause be enacted, Jennifer Segal and MalinGer Kennels shall receive the dog’s CKC/AKC registration papers signed over within 10 days of repossession.

I, the undersigned, do fully understand and agree to all of the terms and conditions that are detailed within this document. I enter into this agreement in good faith and understanding that Jennifer Segal has an impeccable reputation for quality breeding stock and standards that must be upheld.


______________________________ __________________
Signature of Puppy Buyer Date



______________________________ __________________
Jennifer Segal, Breeder Date


¬¬¬¬¬¬¬¬¬¬_______________________________ ___________________
Signature of Witness Date


by Vinny B on 21 April 2018 - 16:04

I would take her to court as you have a very good case against her.

by jillmissal on 21 April 2018 - 16:04

Hi Vinny, thanks. That will certainly be the next stop.

People are coming out of the woodwork messaging me about terrible experience they had with that woman and her dogs. I just encourage them all to go public as I have.

Koots

by Koots on 21 April 2018 - 17:04

I know someone who went to look at her pups and passed on them partly due to the contract.

by jillmissal on 21 April 2018 - 18:04

I have learned that her MO is to take the "non-refundable" deposit BEFORE showing the buyer the contract. Then only sending the contract when the puppy is ready to go home. In that way the buyer feels they would be throwing their deposit away if they don't sign the contract and get the puppy. Luckily for me I did not sign a contract for either of the dogs I bought from her, but I would advise any buyer to never give money before seeing a contract. And never to buy a dog from this woman anyway.

by Dawn73 on 10 August 2018 - 00:08

Hello Jill
As I read your post, I couldn’t help but notice you left out critical parts in your “experience” with Jennifer, let me start with I have known her for over 30 years and you are completely off side with your comments that are missing critical points.
First point, the 14 month old came directly from the first owner not Jennifer. The delay in the paperwork was the previous owner not Malinger kennel. That is fact based information. Furthermore the original owner did not disclose the dogs condition.
As for the “ co-own” male you claimed needed to be in your name solely so your Search and Rescue team would reimburse your purchase price. Anybody that has anything to do with SAR knows it’s volunteering and they don’t pay anyone for their dogs.
Jennifer is a trusting person and didn’t understand SAR teams don’t pay, you took advantage by lying and misleading her.


Now this nonsense about her registering the male as a Tervuren with the AKC was not done out of spite. The rules have recently been changed and the breeder is required to register according to their coat moving forward. So she was in fact, following the rules. As a side note, why would it matter because the dog as you claim has had pano and seizures, therefore should not be a breeding dog and the paperwork is a non issue.

Now let’s talk about the contract that you claim is controlling , dangerous to the dog health and abusive.... what world do you live in that any part of that Is dangerous to the dogs health? All those conditions are in place to protect the dog. You did not sign it after saying you would because your intentions were not in good faith. You have been on every forum you can think of to spew misinformation and leave out critical parts to the story where you were dishonest.

I encourage you to post your vet records to prove your dogs health struggles.
I encourage you to provide a letter from your SAR team telling you they would pay you back for the dog.
I encourage you to challenge the AKC and how they Definite a malinios vs Tervuern, because Jennifer was simply following their new guidelines.

Lastly, you are on a witch hunt to destroy someone’s livelihood and I think all the people you have lied to deserve to know that you are a wackadoodle and it’s you who is dishonest and vindictive.

Dawn

Note from Admin Please read last post from Jill she was totally vindicated. Western Rider


by hexe on 10 August 2018 - 04:08

So, wait? 6 months after the dog was sold, and then delivered, to the buyer as a Malinois, the breeder is *now* identifying it as a Terv? Nah, that's not shady-seeming at all.

And essentially, the breeder is requiring people to pay $500.00 just to view the onerous contract they'll be required to sign in order to actually complete a purchase from this breeder--given the breeder defines the payment as a 'non-refundable deposit', it would follow that if the person chooses to bail on the idea of buying from them, the breeder pockets that money when all that was delivered in return was an unsigned contract.

I'm not a lawyer, but I sure question the legality of that move, in Canada or the US.

Don't know any of the parties in this dispute, BTW.

Hundmutter

by Hundmutter on 10 August 2018 - 09:08

Well whatever the other rights and wrongs of this one, I certainly would not be prepared to sign a contract that says Segal may use him at stud whenever she 'requests' that; if it was part of the original discussion that you, OP, did NOT want to agree to that condition, she certainly ought not to be 'chancing her arm' by writing it in to a new contract for '"this particular puppy" - especially one she herself describes further down as "This pup has been sold with non-breeding rights" and wants financially compensating for if that condition is breached !

As Dawn73 says, the registration paperwork becomes a bit of a non-issue, though, if the dog isn't ever going to be bred. For health or any other reasons.

Curious about why Segal says he was sold as a pet though, when OP claims he was, like the earlier bitch, purchased for detection / SAR training.

I'd love to be able to be a 'fly on the wall' during first negotiations between breeders and purchasers - at least we'd be sure we got the whole of both sides of the story.

by Dawn73 on 10 August 2018 - 23:08

I am not sure if you are Canadian or not but the CKC mandates papers by 6 months of the date of sale.





 


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