Breeder Rights? Breeder Greed? - Page 10

The clause "First right of refusal" actually should simply mean...the breeder is given the "first option" when the dog becomes available.....that includes "for sale". (That is what it means to me as a breeder).
The original buyer would then communicate with the breeder..price, options etc...
No where does "first right of refusal" mean the dog is automatically discounted, or worth less than it should....it simply means the breeder has the "first option" towards re-owning the dog.....*whatever the price, terms or agreement*.

That's exactly how I interpret it too, Robin (but always clarify with the breeder just to be sure we're on the same page).

Michael, if to you, titled & imported parents equals quality and assures you (to your satisfaction, anyway) will have no problems, than I agree that you will have no problem finding one of the millions of breeders who don't care after the check is cashed.

I have to laugh; one of the opposing posters on this thread has told me of problems w/a dog that they spent a lot of money on and didn't get what they paid for/wanted. The irony is that had they not been so staunchly against us "controlling" breeders, perhaps their inquiry would've been taken more seriously, the communication more honest, and they would be happier with their dog. The dog is reportedly doing better (as I said it might if given some time) but there are things that don't change, and I maintain that *I*, or someone else more concerned w/lifetime placement, would not have sold this buyer this dog.

"The clause "First right of refusal" actually should simply mean...the breeder is given the "first option" when the dog becomes available.....that includes "for sale". (That is what it means to me as a breeder).
The original buyer would then communicate with the breeder..price, options etc...
No where does "first right of refusal" mean the dog is automatically discounted, or worth less than it should....it simply means the breeder has the "first option" towards re-owning the dog.....*whatever the price, terms or agreement*."


This is exactly how I interpreted my breeders contract on this matter. Assuming my own death, I have always had a verbal agreement on where my dogs would go amongst friends, family and breeders. The dog I have now is easily handled by my husband, not always the case, so I left the option up to him, keep the dog if you want, or ship him back to his breeder for no sale price. I would hope my breeder would step in to rescue my dog should something happen to my husband and I both. What I think I will do is give my breeders info to a very good dog friend of mine, who would care for my dog until she could contact the breeder and have my dog shipped.

I'm sure my breeder would never even think to demand the dog back from my husband or even from my friend, if he/she chose to keep him. She is into a different breed but looking for a GSD to work and she would make a wonderful responsible home for any dog, I however can't return the favor regarding her dogs, we already had that conversation. She has a nervy, mollaser breed of 1 owner type dogs that do not do well with strangers. I have kids and am not up to the liabilities her dogs can hold. I don't have the facilities to house them safely or the lifestyle to deal with that sort of dog. She made other arrangements for her dogs and did in fact incorporate it into her will and testament.

Like I have said before, the FRoR "should be" like a safety net for the dog, not a contractual "trap" to force buyers to resell or gift back a dog they can no longer keep or care for. If other arrangements can be made for the dogs wellbeing, I just cannot see why a breeder would not do a little checking up on the dog and call it good. Offer their services if needed, share contact info and help the new owner "adapt" if need be by answering questions as they would for a puppy buyer. Twisting a dog away from any loving home has no purpose unless it is driven by malice or money. Breeders be there for your dogs "if" or "when" they need a replacement home but if the current owner had other arrangements why buck that? If you trusted them to raise one of your pups correctly, why can you not trust the new home they see fit for their dog upon their own demise? As a part of the contract I of course would offer my dog back to the breeder first before trying to sell or gift the dog to a 3rd party, however upon my death, I would hope the breeder would have no leg to stand on should he try and repo my dog from my grieving family or friend who I entrusted my dogs wellbeing to.    
 AAaa

I am so grateful for the many comments posted here. Originally I was only looking for validation and or support, but so much more has come to the surface.  It is helpful to know how important the understanding between breeder and buyer is when signing a contract as well as the need for these agreements to be in writing. I appreciate the input from so many breeders, buyers and legal experts.  It has been helpful in trying to move out of the nearsightedness of this painful situation. Once again thank you to everybody who has posted.  It has been great to read so many opinions and get my focus back.

Wanda 

Jenni, I was that someone, and I will know better than to tell you anything in the future. 

As for that dog, of the dogs I listed or the breeders, I hadn't even added him, because what I was told by the breeder takes time to see if it develops, and I'm still giving him time.  I got the dog at 8 months site unseen,  except for pictures, and he was not 'physically' what the breeder described no, (which was bone and size that  I am referring too).  I told you his conformation is good, except I don't like a curl in the tail although, since than I have seen a lot of curls in the tails in both lines in pictures on here. No biggy really, just not my preference, oh and a little weaker in the pasterns than I like. 

Also I was concerned about his temperament (that was the big thing. )He is definitely getting better but the jury is still out.  What that has to do with contracts I sure do not know.  Do you guarantee temperament too??

You know as well as I do, many that come on here unhappy HAVE contracts that the breeder is NOT fulfilling their end of the bargain OR the breeder is trying to take advantage of the contract, like in this situation.
 
    My dog is healthy and of sound conformation.  The rest of the parts I wasn't overly happy with are just MY preferences.  Someone else may love them, certainly my friends think he is a great dog, so obviously I'm just a little pickier than some.  Absolutely nothing that having a contract would of changed, certainly not a buy back clause. (?)

  This(my situation) is what I considered to be a  breeder who streeeetched the truth  to make a sale.  That  certainly happens a lot on here too.  Trust me, I've learned from this and from now on will never buy site unseen unless it is someone I KNOW I can trust, because yes, had I seen the dog in person I wouldn't have bought him, and certainly not for that price.

I must add, the breeder is keeping in touch with me to make sure I am happy, and if the dog doesn't turn out he said he'd replace it,( so he can't be that much of a shyster) but I'm not going to ask him too. 

Absolutely, you probably match dogs better than some, because maybe you have less to match, and care a little more.  I'm not arguing that, but why you brought this up is beyond me. 

What is told in private should always remain in private, this way we can make friendships and get help in private without going on air about each and every little issue 

Ibrahim

Whoa...looks like you assumed a bit here, RS. There is nothing "wrong" with your pup, as I told you, now that you've brought the poor guy up.  I wasn't talking about you, but I guess now everyone knows you have a pup you're not really thrilled with. I wouldn't say you spent 'a lot' of money on that dog. I'm talking "thousands." not many thousands, but more than 2, which I think is a lot of money for the quality she got. This isn't the first time someone has told me they wished they'd bought a dog from me because they bought a dog that was "easier" to get and now they have a dog that they spent a lot of money on and didn't get what they paid for. This person had decided not to wait for a Capri pup and is actually a local person who has buyer's remorse. Now, she is at her max number of dogs and she will never have a Capri pup like she wanted, all because she wanted a puppy right at that moment and bought one off a pretty website. This is why I told you I hate these stories- because I have heard several recently. I don't even know why you would think I was talking about, except that I mistyped "thread" when I meant "forum," and for that I apologize. I reread what I wrote and that's all I can think of that would make you think it was about you.

Even had I been talking about you, no one ever would have known that had you not posted that response. If someone tells me something in confidence that is supposed to stay that way, I keep it that way. I'm sorry you assumed otherwise about me.

Have a nice day, everyone. It's gorgeous outside.

Jenni, why wouldn't you just call my vet and check my references, and see if I'm pup-worthy? Why wouldn't a verbal discussion confirm whether or not I'm willing to call you should I become unable to care for my dog? Why wouldn't I take advantage of a caring breeder's expertise and time, since I have trusted her knowledge about her own lines? I think that is reasonable, if you are not a large-scale puppy producer. 

Bee tree. This thread was started because a breeder thought she was entitled to take back dogs she bred because the original owner died. SHE DOES NOT HAVE THAT RIGHT. She thought the buy back clause would scare the bereaved into giving up the dogs, except she didn't have the law facts down good enough and has since backed off. Glad the light bulb went off on that one.

 No, the breeder and the buyer thought that. If the buyer did not think that, then the buyer should not have purchased the dogs from such breeder.

Prager Hans