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by Ashah on 07 June 2007 - 19:06
I would go to court, it's not the money at the end of the day. It will help learn the law more and protect what you have made. It only has to do with knowing the pup would be fine if knowing you yellow and that I understand. Maybe if you spoke to the bloke and let know you worry about who it goes to and he may come around. He may think you're worried about loosing money. And if someone wants to pay the extra their problem. If he still is an a$$ then do small claims and a judge will side with you, take your paperwork.
I have spoke to a laywer about paperwork and the ones that do dogs are the ones that do cattle and horses. There are many loop holes that need to be filled but it would be worth it in the long run. Though this will only help if you can find the dog. You will get the person. Then there are the different contracts, for training, for kenneling, for breeding and whatever else dogs may come under. Who ever you leave your dog with I look at a contract, ok not the vet,lol. This is the only way I can see we can protect our friends.
As for spook101, get a life. No, get a dog, it will give you a life.............

by Don Corleone on 07 June 2007 - 19:06
by Betty on 07 June 2007 - 19:06
He IS giving you first option though, isn't he? The extra $100.00 wouldn't cover food and vet care for a couple of months I think.
Maybe I'm missing something here, but I think offering you first option is fair. Did your contract call for him to return the dog without any compensation?
Brittany-free consultations is normally just that. You have a case, you don't and either way I will be more then happy to represent you at X amount of dollars per hour. Please sign this agreement and leave a retainer in the amount of _________ with my assistant. Brittany, a retainer is money collected in advance, a deposit so to speak. You are still billed monthly and the retainer is not normally returned until the case is finished or applied against the final billing.
Personally injury cases are ofen taken on contingency. The attorney can get fees from the insurance company and as part of the settlement. This case does not have enough money on the table for an attorney to pick up. Not even by one on the way home from passing the bar exam.
Anyways I hope everything works out well for the pup. Maybe you can tell him your only concern is for the welfare of the pup at this point and help him screen homes?

by 4pack on 07 June 2007 - 20:06
No Betty she found the dog for sale on Petfinders and then wrote him about that. Her didn't intend to notify her in the least, that the pup was for sale.
LOL Don you kill me...

by Renofan2 on 07 June 2007 - 20:06
I think you are doing the right thing. If you had more time as suggested by Jehannum, small claims court is the way to go. Since you have a contract you would have a good chance of winning. But winning what - he doesn't get to sell the dog and he keeps him or you buy him back for $100 less. Since you only have until this weekend, it is best to get your pup so you will know where he will end up. Seems to me this guy maybe jacking up the price to get his $100 deposit back from you on the other breeding. I would give the $600 and call it a day. Let him take you to small claims court if he wishes concerning the deposit. I would also make sure I had a receipt for the $600 as well.
Good luck this weekend. Hope all works out well.
Cheryl

by yellowrose of Texas on 07 June 2007 - 20:06
He told me he didnt care about the contract and another breeder that all know, jst emailed me that he did her the same way and there are two others looking for him. He told me to meet him and bring the !00.00 non refundable deposit he paid on a litter, and the 600.00 cash for the pup, or dont waste his time....He said he'd list the dog on this data base anyway he wanted and he did .....He said its his dog and contacts are for people to protect the care,,,the contract states pup cannot be resold or given to anyone other than buyer without sellers written and signed consent and cant be euthanized or must be returned to seller if for any reason put cannot be kept and papers signed back over to seller...Its a long contract spelling out I do no sell to breeders nor for breeding and I did agree he could have an open registration on the bottom of paper, I wrote that...He said he would not sell pup and it was for him I filled out his name on back also in the parking lot in Rusk, Texas and allowed him to put the 100.00 deposit on an older female he paid on ,and on that day he said I dont have the money to get Crissy so I want that deposit on thispup..I stupidly did it......and he paid me and he left with pup and akc papers....I havae a witness that was with me ...doesnt matter anyway.....now he wants his deposit in cash back , non refundable for any reason, for the litter that did not happen , and I told him he could purchase any other pup from other litters...doesnt want to do that....I didnt sell him anyother pups and he put a database entry up on database that shows another dog from me that doesnt exist so I deleted the info but I printed it out before I deleted it...His reply who cares.....and he told me I was a coward if I wanted to talk to him call him dont hide behind an email He put a non sellable pup on www.pupppyfind.com without my knowledge , so whos hiding what....must be what he does,,,,,for over 20 years ive been at his and this is my second heartbreak and problem one......so im lucky but it hurts poor Jeremiah in a kennel in a backyard waiting for mom to come get him.....
by Betty on 07 June 2007 - 20:06
woops, missed the Petfinders part.
by spook101 on 07 June 2007 - 20:06
by JGA on 07 June 2007 - 22:06
Hi Yellow Rose, This has been a long thread, and maybe it is not of interest to people any more, I don't know, but here is my 2 cents worth.
I have been what I like to consider (naturally) a reputable GSD breeder since 1976. It is admirable and understandable that you are upset about finding your pupy listed on petfinders with total disregard for your wishes and your contract. It is admirable that you try to protect your puppies by inisiting you have to approve before one of your dogs goes to a new home or is PTS as I agree, many Vets are not that good, but expertise seems to have gone down in most professions, not just Vets.
That said, you may find my expereinces of some use (or not!). I DID have my contracts done by a lawyer sepcalizing in Dog Law. It really does not make much difference. You can ask tons of questions and think you have properly screened the potential buyer, but as someone above correctly stated, you never really know them. Some are very good at fooling you.
Yes, small claims is where something like this can be handled, but I will tell you, you can be TOTALLY in the right, and still not win in court. We used to call it the "justice" system, and the lady of justice was shown blindfolded with a scale in her hands. This was becasue she was to be blind to everything except the fats and meeting out fair (balanced on her scale) justice. Now it's a crap shoot. You can be honest, have the best intentions, and still lose.
Yes, small claims doesn't cost much $, but the whole process is long, time consuming, and costs you tons in terms of your emotions. It sucks to reward a jerk for screwing you, but in the long run you will need to either let it go emotionally and the puppy go to whomever; or you will need to pay the liar and take back your puppy.
As for the papers, you can check online to see if the dog has been registered. If it has, you can't change it, no matter what your contract says. The person above is correct. If you did not individually register the dog first, they CAN put any name down they want and the AKC will allow it. AKC is now allowing the breeder to register the ENTIRE litter online before they go anywhere, so this type of thing does not happen. If the dog is not shown as being registered yet when you check online, you can just take back the AKC papers and you can register him online yourself. This is one of the weaknesses of the current AKC proceedures. Even if no one ever signed over the dog, you only need the code on the AKC registration application and you can register the dog online in your name. So, if he is not yet registered, you can register him online even if the person does not have the required transfer paper.
No matter what you do in life, you will come across some coniving jerks (I have lost literally thousands of $ from a seller on this site lying to me, and have had great results with others of them). You do the best you can, take your undesreved lumps when you have to , pick your fights carefully as even a 'just' fight will take it's toll on you, and move on in life as best you can. Like I said, my words may be of no value, but who knows, maybe the can help you or someone else a bit. I sympathize with you...Jackie
by Ranchinglady on 07 June 2007 - 22:06
I have just learned the hard way.....really hard. Not with a dog contract, but with a writtern horse contract. I'm out $4,000 and my good, dear "friends" are "friends" no more. The same "friends" have a business deal (no written contract) with a Rhodesian Ridgeback breeder in California that they (IMHO) have deceived. So, guess sometimes it's the same with or without a contract.
You have my best wishes for success in whatever you decide is the best way to proceed.....
I do think, though, in the best interest of the dog, just buy it back......THEN small claims after a brief with your attorney.
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