implication of breeder retaining stud rights - Page 1

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muldoon

by muldoon on 19 November 2009 - 21:11

I am considering purchasing a GSD pup for which the breeder wishes to retain stud rights. What exactly are the implications of this? Do I have to make the dog available whenever the breeder wishes or is this usually negotiable?

Keith Grossman

by Keith Grossman on 19 November 2009 - 21:11

I had someone tell me this a while back and I thought, "so you want to retain breeding rights to the dog that I raise and train with and title, take through his körung and get show ratings for?  Yeah, I'll bet you would!"  LMAO!

muldoon

by muldoon on 19 November 2009 - 22:11

Thanks for your reply. I haven't yet had a proper conversation with the breeder about this, but it was framed as if he could request the use of the dog for stud purposes. This doesn't really make sense to me, as I only want the dog as a pet. I do admit to being naive to the world of breeding etc. I have no problems in agreeing not to breed from a dog myself, but I am unsure as to why I should pay full proce for a dog and then allow it to be used for breeding for the profit of the breeder. Is this common practice? As I say I have yet to clarify the breeder's intentions.



Mystere

by Mystere on 19 November 2009 - 22:11

It is not that uncommon for breeders to retain breeding rights to a male puppy.  It's a good hedge against selling the "wrong" puppy.  Odd to hear of it with a puppy sold as a pet, though, unless the breeder typically breeds untitled dogs anyway. 

IMHO--it's just another dog-scam.  If they sell a puppy that someone else later makes "worth" breeding to, the breeder should pay a stud fee, like anyone else, and
at the owner's discretion.  It's not as egregious as selling the bitch-puppies on a co-ownership basis...until the breeder gets a litter back. 

muldoon

by muldoon on 19 November 2009 - 22:11

Thanks Mystere, it's a pup that will not make show standard, but is titled. I do appreciate your feedback. It meets with my intuition, albeit I am not experienced in this business.

Keith Grossman

by Keith Grossman on 20 November 2009 - 00:11

"It is not that uncommon for breeders to retain breeding rights to a male puppy. It's a good hedge against selling the 'wrong' puppy."

Really?  Who does that?

VomRuiz

by VomRuiz on 20 November 2009 - 02:11

Maybe he would be willing to negotiate a bit. He reduces the price of the pup, after the dog passes OFA, (and titling if that's your plan)  he pays for DNA and pulling and storing some straws... That way it doesn't interfere with your schedule...just a thought.  

Stacy

windwalker18

by windwalker18 on 20 November 2009 - 04:11

It actually needs to be defined a great deal beyond that statement.  "Retaining Stud rights" can be interpreted in a number of ways.  It might mean that ONLY the breeder can choose who the dog is bred to, and that any fees belong to the breeder.  It might mean that the breeder needs to approve any bitches prior to him being used for breeding and an open question as to who gets the stud fee...  It may mean that the breeder gets free stud service for life to any of their own bitches... etc...

When I was showing and breeding it was not possible to tell which of the pups I produced and sold might be suitable for breeding, and which might be dogs I would wish to use myself.  I occasionally sold a promising puppy to another breeder/show person and "retained the right to stud service to any bitches I owned/ co-owned/ or leased..." It was also contractually defined that I was responsible for brinding the bitch to the stud, and that the buyer retained posession of the dog. That my access was ONLY as defined... The contract also sometimes limited the # of times I had access.  

Unless the definition of those "terms" are in writing and completely discussed and agreed to I wouldn't consider signing such a contract, nor offering one.  Today's registrations include "limited registration" which can be adjusted with the breeders approval to change them to full registration... which wasn't something available back then.  As VomRuiz stats the contract should also include OFA/ titles considerations.  If I were breeding today I'd sell 99% of my pups on limited registration, to be lifted if certain conditions were met.  (Note that pups can't be shown in AKC conformation classes with a limited registration, so that's a consideration which needs to be discussed if it's an issue)

Limited reg and "Retained Stud rights" are 2 very different things though... so don't confuse the two..

Negotiate, and discuss both... and get the agreement in writing!!

VomRuiz

by VomRuiz on 20 November 2009 - 04:11

Great post Windwalker!

Stacy

Ryanhaus

by Ryanhaus on 20 November 2009 - 09:11

Very nicely put Windwalker,






 


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