registration question (where do I stand) - Page 1

I bought a 2 1/2 year female to breed with my male. I got full registration with breeding rights. During conversations prior to my buying the female the seller had sad about selling her male. I had the dog for just a little over a month and awakened last Friday to find puppys with the mother. I called the seller right away and left a voice mail. Also sent an e-mail asking her to send me the litter registration with the male's information. Oh by the way, the seller had bought a new male which I didn't know and this is the dad of the puppy's. I do have e-mails stating that they were together but she did not know that the female got bred. I do have an e-mail stating that she would send me the papers but I haven't gotten anything yet. I sent her an e-mail yesterday stating that I did not get anything yet and got no reply. My big question is this. Is her stating in an e-mail that she would give me the papers legal to go to an attorney with or is an e-mail not a binding contract. I just don't want to go to an attorney if I don't have anything to back me up. I will wait another week before I do anything anyway.

Thanks in advance

i would be more inclined to think the breeder may not know who the father is. This is a nasty question (as I do not know the breeder or the circumstances) but were there any other breeds on the property of the breeder?

I would also  want to make sure the father has DNA on file with akc, and before you sell that litter I would sawb those pups and confirm.  If you have it in wrighting, go for it. You would be selling the pups with a pedigree and you would be the one held responsible for that pedigree.

LOL.....    sorry cant help it.

LOL  Thanks moon.

Doggie      I have GSD's and also Chihuahua's. The one in question is the Chihuahua. No worry on the DNA or parentage. These dogs are never out (at the place I got her.) The lady even told me that she caught them in the one cage together but did not think that the female was in heat. Also she only has the one male that could be the dad. It is just that she is mad that she sold her and now I got the puppys. And to top it all off, they were all born the blue color that is pretty rare in this breed. My big question is this. With the e-mail stating that she would send me the litter registration with the males information on, if she doesn't, is this a binding contract?

Blue is rare? I thought it was unfavored and thus not typically wanted to be produced according to AKC regulations-?
But, are we talking GSDs, or Chi's,  on a GSD board? LOL.

If its Chi's, then I gotcha on the rare thing.

Either way, yes, the email(s) can be used to substantiate your claim. If she said she'd provided papers in writing, then isn't doing it for whatever reason she has, then obviously she's not doing her part. If she's mad, well, too bad. It wasn't like you were looking for a bred female from this person, but since the person you got the dog from let them together, well, her loss is your gain. She may learn to pay closer attention next time.

Katjo

Yes it is a Chi on the GSD board. I said I have GSD's but Chi's also. I was just wanting to know the legal answer if anyone knew before I contacted a lawyer. I did not want to look to stupid. Yes, in an e-mail from her after telling her about the dog having the pups, it was stated that they were together and that she would send me the papers. I just wondered if and e-mail was a binding contract?  And beside's, the question is about the e-mail validity not so much the breed of the dog.

Well, to my understanding, a binding contract is signed by both parties showing they both agree to something. You don't have such document signed by both parties considering this issue over the puppies, right? I don't think you do since it was never even expected at the time of you purchasing the female that she could be pregnant.
No, an email doesn't carry the weight of a binding contract. But, it's still considered a 'written' agreement which I know Small Claims Court will/does acknowledge.

The court system will want to be fair to both parties involved. I would not be surprised if they would suggest you both come to an agreement, like,  If she owned the 'stud' that sired your 'unexpected' litter (even if the male is no longer owned by her), that you give this woman one of your puppies for the stud fee in exchange for her providing what's needed for registering the litter and everyone goes home content. While this sounds maybe crazy to you since you want her to just give you registration for pups she getting no compensation for currently, it's obvious NEITHER party knew your girl was pregnant. If it was known, I doubt you would've gotten the female from this woman.
If you can work it out OUT of court, it would be better for both of you.

LOL...................