Need advice ASAP about puppy that has already been "sold" - Page 1

I would really love to hear some advice, especially from breeders/sellers about our situation.  I will try to keep this as brief as possible ...

we purchased our shepherd one year ago.  she is 5 yrs old now and has previously had 4 litters (11 the first time, then 4 and then two litters of 2).  when we bought her (as a family pet & protection dog) the seller discounted the price on her, on the condition that we breed her (he paid stud fee) and give him a puppy.  the 1st time we bred her back in the spring, she didn't get pregnant.  the 2nd time she did and she had only 2 puppies again.  the 1st puppy was stillborn (very heart-breaking) and the 2nd one survived and is doing great.  the puppy is almost 2 weeks old now. so by contract we are to give this puppy back to the seller.  the seller told us that he has already found a buyer for her (he is selling her to a "client") and that the client has already put down a $500 deposit for her.  The puppy is being sold for $1,950.

our dilemma is that our family has absolutely fallen in love with this puppy!!!  i know it is harder for us since our shepherd only had one surviving puppy.  if she would've had more, we had already planned on keeping a pup for ourselves.  my urgent question is this ... is it acceptable practice for the seller (the other man) to cancel the sale with his "client", refund their deposit and sell the puppy to us??  we are willing to pay him $2,000 for her.  i am hoping that he will have a compassionate heart & understand how attached our family has become to this puppy.  we have 2 young children that just adore her.  our dog lives in the house with us, so we are in direct contact with the mother & puppy at all time.  it just makes us sick to our stomachs when we think about having to give her up in 6 weeks.  we did not plan to breed our dog again as we feel like she has had enough litters and should be retired from breeding.  is this normal to retire at this age / # of litters produced?  she is in excellent health and comes from an incredible bloodline.  and obviously her puppies are worth alot. but her health and well-being is more important to us, rather than breeding her breed again.     

i know this may be hard for those who are in this for the "business" (such as this seller) to understand the emotional side of how we feel.  we would just like to know if it ok in this business to cancel a sale and sell to someone else, considering the circumstances.  THANK YOU in advance for a prompt reply.  We wanted some advice before we approach the seller with the offer of us buying the puppy.  We plan to contact him within the next day. 

You will probably get mixed answers on this one.  Since your bitch only has the one puppy that you are responsible for raising (which isn't cheap) it is perfectly reasonable for you to ask to be allowed to buy the puppy.   The person who is supposed to buy the puppy may be upset but there would be nothing wrong with the seller explaining the situation and refunding their money.

Good Luck to you!! 

Heather

Absolutely.  Make the offer.  At that price I would ask the seller to do whatever guarantees and support he would have done for the buyer who already has the deposit in place.  You should definately take priority over this random buyer.  I would also want to be certain the pup passes the basic health exam at 8 weeks at the vet's office.  It would be quite tragic if the pup has some sort of issue (ie heart problem). 

I'm sure the seller likely has additional litters coming up that he can persuade the other person to buy from.

You have to honor the contract.  The seller would have to give back a substantial deposit.  The seller can ask the other buyer if he would like to have his deposit back.  You might get lucky....occassionally people would like to back out because of a change in life circumstances.  If the other buyer is offered to have his deposit back and refuses it...then you have to honor your word or the seller's reputation suffers and his trust in you was misplaced.  It is sad that she had only the one pup, but that is the way it goes at times for all breeders.  Welcome to the world of breeding.

This isn't just about business...it is about keeping your word.  Keeping your word is often inconvenient and sometimes painful....I cried all the way to the airport to send off a puppy I had also fallen in love with from one of my own litters.  He was perfect for me in my eyes and we were tightly bonded.  But I had given my word that this puppy was sold...so I took him to air cargo crying my eyes out....and he flew off to Mexico while I returned home.  The buyer did give him a wonderful home, so he is happy enough without me.

Veronica

Wow, everyone responded at the same time I did :-)  If the seller can persuade the other buyer...fine.  But if he cannot...the other buyer may have been dreaming about this pup for a long while.  How long has he had a deposit on the pup?  He committed with his $500 deposit, and deserves consideration for HIS feelings too.  Veronica

I understand you are attached, but a contract is a contract. You owe him the pup per contract, but that doesn't mean that you cannot talk to the breeder who sold you your female. If he has a good reputation, he'll want to keep it by following through with the sale of the pup to the perspective buyer who put down the $500.00.  Or maybe he has other pups of the same quality, and wouldn't mind offering another pup to the depositors, who knows. If you don't ask, you won't know. You may have to bite the bullett on this one and give the pup up. Good luck, VS GSD's

Attachment is an "occupational hazard" but I'm with those who feel the contact must be honored. The seller's reputation is at stake, as is yours.

One thing that I have learned through the years, is that with puppies, horses, whatever - there will be you love just as much  in the future.

I wouldn't try to convince the seller to sell it to you, the math doesn't make sense since the bitch is yours, and why strain your credibility and make him wish he hadn't worked with you?

This breed sorely needs people that stand by their word. It starts with each one of us.

What does the contract say when there is only one living puppy?  Who owned the dead puppy? You really need to read the contract you signed several times to make sure what you agreed to.

I was in a similar position with a woman who owned the female.  She had tried to breed her female to several dogs and it never took.  I provided use of my male, who succeeded,  and in return, I would get pick puppy.  The contract spelled out that if there was only one puppy, she would pay me a small stud fee (250.00) and that was what we did. The birth was a cesarian and nearly killed the mother. The surviving puppy never got pregnant even though they bred her several times.  She was a stunning bi-color with a solid black face and deep red legs and a slash of red in her ruff.  She went OFA Good and clear elbows.  Probably an inherited problem.

He knew when he sold her to you that she was NOT a good producer.  You could reimburse him the stud fee plus some agreed upon money.

Have her spayed, too risky.  The puppy may also not be a good producer.  You may not want to breed her either.

I wish you good luck, I can only imagine how you feel.

GEEZE,, You need to hope the person on the other end of the contract has a heart,,I have seen breeders that stick it right to you on a contract no matter how you cry.Some of us, if we feel we are being taken advantage of can be real son of a guns to deal with.The coin could fall either way.If he wants that puppy for himself you could in for a tough negotiation..Good luck I hope you get to keep the pup..

Talk to the seller - communication is everything.  Explain that there is only one puppy and you would like to keep him.  You will pay for him - if it were me I'd be willing to at least talk about options and do what I could to try to make all involved (including the dogs) happy with the choices I make.  If returning a deposit is what I need to do to make that happen, the deposit is returned.

molly