WWYD - Stud fee pick puppy - Stud owner no contact - Page 1

What would you do?

A friend of mine bred her female to a male in another state. The stud fee was pick puppy to be picked at 7 weeks with all transportation/shipping costs for that puppy to be paid by stud owner. My friend has e-mailed every week with updates on the puppies. Little to no response from the breeder except about the AKC paper work that she had to sign. The stud owner signed the AKC litter papers after the puppies were 2 weeks old & now all the puppies are registered. The puppies are 7 weeks old & my friend has e-mailed several times & called a few times the stud owner with no response back. What should she do next? She is now waiting for stud owner to pick her puppy so she can start looking to place the other puppies into their homes.

Send certified letter by mail, receipt returned and give final day  and then  proceed to  sell pups. Hope there was a signed contract.,  in place also.

Contract was signed....states "puppy to be picked at 7 weeks with all transportation/shipping costs stud owners responsiblity."

I just think it is odd for a stud owner NOT to be in contact about their pick puppy. I know if it was my puppy I would be in constant contact.

How would you word the letter? She doesn't want to "threaten" just wants to make every effort to the stud owner to let them pick their puppy.

"I need to know which puppy you will be “claiming” as your pick by Tuesday, June 30th, 2009 and what the transportation or shipping arrangements are. If I have not heard from you then I can only assume you are no longer interested in taking your pick puppy for the stud fee per our contract and that you are forfeiting the puppy to me."

i would send the registered letter, but would *not* say anything about forfeiting the pup.  you still owe it, but you can only wait so long to sell the others.  you could say something about forfeiting 1st place in the picking order.

I would contact the stud dog owner via phone, e-mail and written letter.  Do it now.  Tell them/leave message that they must come pick their pup as you are now placing pups into their new homes.  If they don't respond (tell them) you will pick their pup for them, and hold back your choice of "pick" pup for them.  You will hold the pup for another two weeks (for example) and if by then you have not heard from them after repeated attempts at communicating, you assume they do not want the pup - would they want the money from the pup's sale instead?  Communicate with them - that is the most important thing.  don't sell the puppy and keep the money - you will be in breach of contract if you do and reputations can be ruined in that way, even if you made the effort to get in touch with them.  Maybe they are out of town.

molly

Molly is correct in part but why should Ksar bend over t0 x 10 for someone who does not conduct their own business in a business manner..Contract is contract and if you do not meet deadline on your home or bank loan, it goes  into collection and then goes to the next bidder.

   You do give several written certified attempts and offer the next pic or what ever is left, as they did not maintain proper contact with you. It is not Ksars obligation to chase a stud owner all over the USA trying to give her what she or he is entitled to...If that be the case then a fee of $100.00 will be due me for all my hours of trying to find you, contact and make completion , because you default...No that is not the way I do business nor any one else..Reputation is not on line. I do not have extra time or money , to be waiting and spending my money or time to find the person and beg them to honor a legal contract.    That is called   manipulation of goods, and you make no money , and if you  can't at least break even on costs, you are not a good business person.

Any  one that enters into a contract is obligated to uphold his own name. The stud owner has no excuse, except death to not contact Ksar and explain , I am ill, or on vacation  but then again   , who gave them permission to go over 7 weeks to feed , house and maintain the stud owners possession,   Not me if you do not have the couteousy to notify me.  It goes both  ways.
Give them the certified letter, proceed and honor what you set as the rules now..Contract is broken after the deadline.

Maybe the certified letter will arouse them,, Again, vacation, other obligations give them not one excuse not to fulfill this contract.  Very inconsiderate of the stud owner, if they are assuming.  I remember one on here last year used the excuse her Mom was in hospital so she could not fullfill the shipping of a pup already paid for and no communication, no answering phone calls, no letters and finally 5 weeks later , after posting here, husband calls buyer and tells that .   All it takes is one phone call or a simple note to buyer ":My Mom is  sick , may I ship the pupi  in a week or so>>>>>???"  Most anyone will help out but not when you do not notify or communicate,   One of  my pet peeves!!!!!!

No one on this end would have a problem doing anything reasonable to accommodate the stud owner (pick the puppy for them, keep puppy extra week or two, sell puppy & send money to stud owner, etc.)

All my friend is asking for IS communication. Do they want to pick out their own puppy or have her do it? Are they coming to pick the puppy up or have it shipped to them? If they sold the puppy to someone else then what arrangements have been made for the puppy?

If they are shipping the puppy then a vet visit for a health cert is needed, vet has to be paid, etc. To wait until the last minute is inconsiderate & rude. Plus I think sometimes there are shipping restrictions with the heat...

I would assume the stud owner would make their own pick....I mean, at least I would want to make my own pick if I was the stud owner. Of course, I would have been in contact with the bitch owner & would know updates about each puppy & ask her advice & opinions on each puppy. This is where communication between BOTH parties is essential.

A certified signature letter will be sent in the morning - How does this sound?

"I have been attempting to contact you unsuccessfully via e-mails and phone calls with messages left at your home number in regards to the puppies out of --- & ---. Per our signed agreement you are to have first pick puppy from the litter produced from --- & ---. This pick was to be done at 7 weeks of age with all transportation and/or shipping costs for said puppy being your sole responsibility. I have tried to keep you updated about the puppies via e-mails and phone calls and I haven't gotten any response from you in regards to your pick puppy for the stud fee. At 8 weeks they need to start going to their homes so I need to know which puppy you will be “claiming” as your pick by Tuesday, June 30th, 2009 and exactly what the transportation or shipping arrangements are. If I have not heard from you by then then my only choice will be to make a pick for you and hold that puppy for an additional week until Tuesday, July 7th, 2009."

What should be said after that? What are my friend's obligations?

Call him with a different phone number and/or block your number and see if he will pick up.

If that fails then keep e-mailing him and also keep callng him and in the mean time send a letter to his address.

If nothing then he basically breached the contract since he was suppose to pick his puppy at 7 weeks old.

I'd just make sure if I was you to keep all the legal paperwork including the contract, e-mails, letters, phone call logs and anything else that will proof your case.

Then after you place all the puppies to their new homes if somehow he tries to get back in contact w/ you and wants his puppy you'll have all the proof and information if he TRIES to fight it.

I mean he clearly doesn't want it or doesn't care too much about it. I know I would keep in constant contact if that was me.

Plus, you sent out letters, e-mails, phone calls, and you have to contract which stat that he has to pick the puppy at 7 weeks old and you also extended his dead line further, there's no way he can fight it, he'll lose.

If I was you I'd also sent another letter to his address after a week just in case.

Hmm, sounds very strange that he'll just pass up on the pick of the litter puppy.

Regardless, good luck and you're not at fault.