Please beware: BRANDY PETITJEAN (Firelight Kennels) - Page 2

Hexe, if this was true; ' And regardless of whether the agreed-upon stud fee is paid or not, since you have admitted that you did breed your male to this person's bitch and a litter did result from that mating, the AKC WILL require you to sign off on the registration paperwork for the puppies'...why would AKC even NEED the stud dog owner to sign off at all?



'--and if you don't, your registration privilages will likely be suspended, and the organization will issue registrations for the pups anyway.'

That^^^^^^ is coercion and puts akc in the position of being a meddler in private contracts, if they can reward the deadbeat bitch owner by overriding the contract or verbal agreement between the dog owner and bitch owner.

Here's the AKC regulation which speaks to this type of situation, joanro:

Excerpted from AKC Rules Applying to Registration and Discipline:

Chapter 3: Registration

 

SECTION 6. No litter of purebred dogs and/or no single purebred dog which shall be determined by The American Kennel Club to be acceptable in all other respects for registration, shall be barred from registration because of the failure, by the legal owner of all or part of said litter, or said single dog to obtain some one or more of the signatures needed to complete the applicant’s chain of title to the litter or dog sought to be registered, unless that person who, when requested, refuses to sign the application form shall furnish a reason therefor satisfactory to The American Kennel Club, such as the fact that at the time of service an agreement in writing was made between the owner of the sire and the owner or lessee of the dam to the effect that no application for registration should be made and/or that the produce of such union should not be registered. In all cases where such an agreement in writing has been made, any person disposing of any of the produce of such union must secure from the new owner a statement in writing that he received such produce upon the understanding that it shall not be registered. For the purpose of registering or refusing to register purebred dogs The American Kennel Club will recognize only such conditional sale or conditional stud agreements affecting the registration of purebred dogs as are in writing and are shown to have been brought to the attention of the applicant for registration. The American Kennel Club cannot recognize alleged conditional sale, conditional stud or other agreements not in writing which affect the registration of purebred dogs, until after the existence, construction and/or effect of the same shall have been determined by an action at law. The owner or owners of a stud dog purebred and eligible for registration who in print or otherwise asserts or assert it to be purebred and eligible for registration and on the strength of such assertion secures or permits its use at stud, must pay the cost of its registration. The owner or owners of a brood bitch purebred and eligible for registration who in print or otherwise asserts or assert it to be purebred and eligible for registration and on the strength of such assertion leases it or sells its produce or secures the use of a stud by promising a puppy or puppies as payment of the stud fee in lieu of cash, must pay the cost of its registration. That person or those persons refusing without cause to sign the application form or forms necessary for the registration of a litter of purebred dogs or of a single purebred dog and that person or those persons refusing without cause to pay the necessary fees due from him, her or them to be paid in order to complete the chain of title to a purebred litter or a purebred single dog sought to be registered, when requested by The American Kennel Club, may be suspended from the privileges of The American Kennel Club or fined as the Board of Directors of The American Kennel Club may elect. The registration of a single purebred dog out of a litter eligible for registration may be secured by its legal owner as a one-dog litter registration and the balance of the litter may be refused registration where the breeder or the owner or lessee of the dam at the date of whelping wrongfully has refused to register the litter and that person or those persons so wrongfully refusing shall be suspended from the privileges of The American Kennel Club or fined as the Board of Directors of The American Kennel Club may elect.

 

Both parties involved will be taken to task by the AKC, joanro, so it's not as if the owner of the bitch is going to get off without any penalties--the AKC's interest is limited strictly to seeing to it that the offspring of two AKC-registered parents, which otherwise meet all of the registry's requirements with regard to ages of the parents and so forth, are issued their registration papers...considering that the AKC's primary revenue is litter registration fees, it's not really a surprise to anyone that they'd force that issue if necessary, is it?

So, boys and girls, what did we learn today?  A WRITTEN CONTRACT, or there's no agreement to anything beyond allowing the dogs to mate, which is made obvious by the production of one or more puppies from that liason.  I really don't get how people become SOOO interested in 'their' money AFTER the fact--when it wasn't important enough to them to commit the details of an arrangement to paper and signatures BEFOREhand.

Here is what matters....., unless that person who, when requested, refuses to sign the application form shall furnish a reason therefor satisfactory to The American Kennel Club,

'That person or those persons refusing without cause to sign the application form or forms necessary for the registration of a litter of purebred dogs or of a single purebred dog and that person or those persons refusing without cause to pay the necessary fees due from him, her or them to be paid in order to complete the chain of title to a purebred litter or a purebred single dog sought to be registered, when requested by The American Kennel Club,......'

The key phrase here is, 'REFUSING WITHOUT CAUSE '

When there's no written contract, the stud owner has no proof of what was agreed upon, nor does the owner of the bitch. THAT is NOT considered 'cause' to refuse signing off on the litter registration paperwork, in the AKC's view--I know this simply because I've witnessed more than one such scenario play out through the AKC. The monetary end of things has to go to small claims court, but the AKC WILL issue those registrations, whether the stud owner likes it or not. In the end, a small claims court judge will most likely declare that there WAS no contract, because according to each party, there never was a 'meeting of the minds'. However, because it is unreasonable to believe that the owner of the stud dog would give the services of his dog to the owner of the bitch for zero consideration, in most cases the judge orders the owner of the bitch to pay the owner of the stud the amount equal to the average price the pups were sold for, or to surrender a puppy to the owner of the stud dog if that option is still possible. And the AKC will probably fine both parties for failing to live up to their responsibilities as breeders by setting the terms of the service in writing.

Nobody wins.

I wasn't talking about not having a contract. As for the particular situation with this op, I don't know or care. But I read your post and wanted to clearify...akc will not override a contract not honored. This I know for fact. That's all.

joanro, you're right about that--if there's a clear, written and valid agreement between the parties and the bitch owner then refuses to pay the stud fee for no good reason [and "I don't have the money" is not considered to be a good reason by them], the AKC will 'strongly urge' that party to fulfill their part of the bargain or risk being sanctioned by the AKC for acting in a less than ethical way....which the AKC can do, being a private corporation and all. Is that 'coercion'? Perhaps...They can strip people of their privileges within the organization if they see fit to do so, and it will take a good chunk of money to fight them over it in court--and the AKC is well aware of that.