a contract question has anyone had this happen - Page 1

we did a deal where we were to buy 2 dogs bred because of the breeder wanting to cut back he suggested we pay a downpayment and rest of balance when we have puppies but the dogs were not bred or didnt take and even though he stated he would restud for free now he is expecting us to pay balance and a monetary amount for the pup from each litter that was part of the deal my question is how would everyone else handle this i see no reason for me to come out of pocket for dogs that did not produce anything yet how do we even know if they ever will any suggestions would help thanks

He suggested or is it in some form of contract? The 2 females you took on a down payment were not bred so there begins the argument, its back to step one. Did he make the sale by mi-leading you into thinking they were bred? Monetary amount for puppies would be invalid as there are none! Any such deals you had with him were contingent on the 2 dogs being bred and you say they were not. Sooo you can either tell him to re stud the 2 dogs or come and get them and return your down payment. You may also want to inquire of him as to whether these 2 have ever had a litter before.

maybe I misunderstand the "deal" but you got the two females for free, pending puppies? If so, you can't expect to keep them without paying for them. Either you pay from the proceeds of puppies, as was the deal, or you pay for the females no puppies. There are no free dogs. I'm sure the breeder did not intend to give you the females for no fee if there were no puppies. molly

I am understanding this that a down payment was made on these 2 dogs, and balances due when they have pups? MNK cant pay from puppy proceeds as there are none. If the sale price of these 2 was made as being bred, and they are not, then another sale price has to be negotiated between the parties for 2 females that are not bred.

Yep - if you want the females and still believe they will produce, etc., then ask what the difference in price will be for the NON PREGNANT (contract is already irrelevant) females, pay it and you're done. Otherwise, the deal is broken because he didn't hold up his end of the bargain - Tell him come get your dogs and give me my deposit back and I won't charge you for the dogs' room and board because I am nice!

Lover, my feelings are the same as yours only different wording. It surely could be a case of mis-representing the 2 as being bred from the GIT GO. The buyer then entered into a deal as they say, thinking they bought 2 bred females and in reality they did not.

thanks for all the responses and just to be clear we payed a downpayment on the 2 females with balance being paid upon puppies . started as a good deal was helping a person reduce kennel and putting 2 females in our breeding program we in no way expect the dogs for free that wasnt the intention but i dont see how you can make a contract all parties agree and sign then when dogs did not take one party decides to change the deal for their monetary ie: pup from each litter turns out to cash value since no pups to pick see wear im going with this no we have had them for almost 7mths food vet space etc and nothing to show for it as of yet thats why i asked

ps this was his deal he created it i am assuming for his benifit as well since nobody is that nice ya know

7 months? By now they should have come in heat again??? That seems a bit long to keep a dog that you are planning on returning? Did you breed them to his dog on their next heat(s)? No pups again? I assume the dogs are not in your name yet? Whatever you are doing, you need to do so quickly, as it's not fair to the dogs to leave them hanging like that. Ask what the stud fee is for the male, and see if the person will reduce that price from the price of the dogs. That is fair market value for the dogs. I have a gentleman now who has bought a female from me, but then also wants her bred. They are TWO SEPARATE transactions, otherwise you get into this gray area where nobody agrees on what the agreement actually was. If you have a written contract, stick to your contract. If you have no written contract, you're kind of out of luck. I would say breed them to him on the next heat and pay the money you owe. If you cannot afford the dogs without paying for them in puppies sold, you probably should not own them both, as emergencies come up, and they can be expensive. I am not criticizing or attacking you, just stating my opinion. You obviously can do as you please, as a grown adult capable of making your own decisions. Good luck!