Anyone with legal knowledge??? - Page 1

I am wondering what can be done when a verbal agreement only exists between stud owner and bitch owner as far as changing breeding times...

I have a friend who has to change a breeding date due to uncontrollable circumstances with her job and the stud owner will not allow her to pushe the breeding back or even refund the fee.

Seems unfair and I was wondering if anything can be done to get the fee back as this stud owner is very uncooperative. The option was given to change the breeding date to the next heat cycle to no avail.

This is not a male that is on lease to the US for a short time...he resides here.

Anyone have any ideas?

neohaus,

First I will say that, unfortunately, a verbal agreement is only worth the paper that it is written on.......

Depending on the state you are in, there doesn't seem to be much that can be done.  Perhaps if you would like to PM me privately, I can give you some more indepth info.

Christine

I have a bit of legal knowledge concerning contracts.  A verbal contract or agreement is as stated in the previous post.  I have never heard of a verbal agreement that has been argued successfully in a court and one side or the other won the case.

Bruce Morrison

Unfortunately, that's why I don't do business without some sort of written and signed mutual agreement, ESPECIALLY when it involves friends/family. Even if it's simple, it helps so that everyone knows where they stand in the matter and what is to be done if for some reason the planned breeding doesn't take place or something happens.
If your friend can find someone who can be dependable to help her get the breeding she's paid for, maybe she should work it out that way (having a trustable 3rd party to help take her female for breeding and help with the pups if she can't do it all herself), or consider the stud fee paid an expensive learning experience. I'm not being calloused here, but it's not the stud owner's fault the situation with the other party's job changed-the stud owner didn't change things, so the change is not the fault of the stud owner. At the same time, if a breeding is not taking place NOR a future breeding being done for the next heat (is the refusal for a next-heat breeding at the decision of the stud owner, or female owner?), why the stud owner would wanna keep your friend's money with her having nothing to show for it sounds not right to me. If it's your friend's choice to not do a future breeding, either, then there's not alot to say about it except I'm sorry to hear she's got herself into such a costly mess. I doubt she'll ever plan to stud her female to an outside male again without a written contract/agreement.

Neohaus,

I can't really understand the "problem"???   If the "breeding female's" owner isn't asking for a refund of "stud fees".........why is it an issue to use the same stud at a later date??

I've never heard of a stud dog owner....denying a "breeding" that is already pre-paid.........I find the situation very strange.!.....maybe your friend should run away from the "future joining" of these two dogs,....as fast as her feet can carry her!!!!   Trouble from the beginning is a very bad sign!

JMO

Robin

I agree with Robin.  I'm not sure how customary it is to charge up front for a stud fee on a breeding that hasn't taken place yet but I myself would not have been comfortable with that deal.  I think what's fair is exactly what your friend is asking- for a future breeding.  The stud dog owner doesn't sound like they have much integrity and clearly are only out looking for the cash and nothing more.  I think what would have been reasonable is the stud dog owner should not have taken any money until the breeding took place and pregnancy was confirmed.  Or at best only taken 1/2 the stud fee up front and the rest to be paid after pregnancy was confirmed.  After all if the breeding doesn't take for whatever reason then depending on what the agreement was in the beginning would determine if another stud fee was due to the bitch's owner or a refund given on the initial stud fee without using the stud on the next try.

Verbal agreements are weak in court.  I deal with contracts on a daily basis and I've found even when dealing with the most "trusting" people it's amazing how fast they lose their memory when things don't go their way.  I never do anything regardless of how big or small without some form or written verification.  Even something as simple as an email exchanged is better than nothing.  My suggestion to your friend is to do what she can to get this breeding she paid for done so she doesn't lose out on the stud fee because it does not sound like the stud dog owner is gonna be very reasonable. 

A verbal agreement ( verbal contract) is as legal and binding as a written contract, however, you have to be able to prove it happened as you state it did.  Without a tape recording or witness (preferably an impartial one), you are up a creek without a paddle.  Unless of course the "other" party admits that the verbal agreement was made but he or she changed their mind.  In that case, it would go in your favor.

Contracts are only as good as your lawyer, verbal agreements are only as good as the character of the one who made them.   Save yourself some time and just tell your friend to either forget it or knock the dog crap out of the greedy stud owner.

Sometimes thats all people respect.  

Paybacks a bitch!

Sorry, I'm not usually in a violent mood.   Its all these damned politics her in Indiana.

Two Moons I've never seen this side of you. LOL  I guess those gas prices have us all a little testy these days; especially if you drive suv's or trucks.  In my case that is all we have in my house so I'm thinking about investing in installing my own gas pump in the front yard considering every time I hit the gas I feel like it cost me a buck.

Its a little bit of everything Agar.   Sometimes your just tired of taking it in the rear,  and there are people out there that could use a little tap on the chin.  I dunno.