CoOwned Dog Question - Page 1

We have a dog that we co-owned with another person. She forked out the money to purchase her from Germany.  We have a signed contract that states that she gets our half of the purchase price once the dog has pups and they are sold.  After that the the money from selling the pups would be split equally.

She had one litter of 8 but the litter all died from parvo (the new strain)

We breed her again the next heat but she didn't take.

The person we co-owned her with is having a fit wanting her 1/2 the money from her even though the contract says she won't get it until the litter is born.  She swears that the contract means nothing and her lawyer can get the money or dog from us.  What would you all do in this situation?

if the contract clearly states she gets her half of the money from puppy sales then she will need to wait till the bitch has pups to sell but if it states from first litter then you could be due her the money now.

jim h

Let her sue you.  Can't get blood out of a turnip.

You have the dog, papers are in both names I assume.  When you sell pups, she gets her half.   Don't make deals for money from puppies back unless you're willing to risk waiting or NEVER getting your money if there are no puppies.

Susan Griffin

Think about it, what if she is now sterile,

I would start saving half the price of her and pay back the people half now,

with the contract being amended in writing as saying after this one time payment,

to the other party, that you owe nothing more for her if she does not produce any future litters.

Communication early on is a good idea.

Sorry to hear about your lost pups,

JMO>>>>

Papers are actually only in my name.  It clearly states that she gets her 1/2 the money when the pups are sold, not born, not that she is breed, that that pups are sold. 

Yes I totally agree with the "don't make deals for money from puppies back unless you're willing to risk waiting..."  I totally agree.  That is what I keep trying to explain to her, that it was an investiment and with all investiments comes risk.

If papers are ONLY in your name, don't worry about it.  She can sue  you, she will spend more money suing than if she just waits to get paid.  Don't cheat her out of money that she is rightfully owed, but don't stress too much over it. 

She should have stayed on as coowner on the paperwork, because you could sell the dog and then she'd NEVER get anything back out of it.

What new strain of parvo..??? Who paid the vet bills on the pups???who has possession of the dog??A contract is a contract!! If you have the dog .Seems they have to wait it out unless a time to pay it in full was put in writing or in oral agreement. Its always better if you have your hands on the dog..

Parvo 2c, Oklahoma State Unv is working on it http://www.avma.org/animal_health/canine_parvovirus_faq.asp

She paid the vet bills. because the contract stated that:

All veterinary expenses including shots, worming, x-rays, progesterone testing, etc will be paid by Weiss. All food expenses will be paid by Gerdes.

Other than that everything was 50/50 .
The dog is currently registered in my name, and is on our property.  Everything was in the written contract, and the written contract states that it is the full contract (nothing oral etc shoudl be considered part of the contract)

What she wants us to do now is sign the dog over to her to release the contract and "she wont sue" 

Thanks for all the input from everyone.  this is all pretty much what I thought, but my wife was worried about it and was leaning towards just giving her the dog so that it all ends.  crazy thing was this other person was actually a trainer for our kennel at the time!   She also is in breach of contract because she wont provide worming medication or the rabies shot for the dog.

I'm sorry to hear about your mess and situation. A contract is a contract. If said pups die and aren't sold (a risk you take when breeding and doing such deals), then no official solution is in writing to remedy the situation at this point (and you said your contract states no verbal agreements, so you asking her verbally to wait for a rebreeding doesn't officially count, either, per your own contract). You did all you could in rebreeding her and got nothing. Thus, not much you can do except try again I guess. And, if first litter died and 2nd breeding wasn't successful, this woman has been waiting at least a year for her payback. I can see where she could be a little upset with the situation.
Sounds like your contract didn't have any specifics covering complications to your agreement.  that would help your situation alot, obviously.
Did you provide her proof of the pups indeed being deceased or does she maybe suspect they're gone/hidden (no offense-I don't know who you are)? Does she feel she's being taken advantage of? Maybe she does. Maybe throwing SOME $ her way or at least offering it to her to get her to be patient might be a temporary truce and encourage her to cool off and be patient. If she takes you to court anyhow, you could at least show where you at least offered $$ on a certain date and she either took it, or refused. It would look better than nothing. Make sure if you offer this, that you have it in writing to show you officially offered it. Write it in a letter form and send it certified mail. Keeping a log of dates/times you do things to try to remedy this is what you need.

Who's property was the dog on when she was exposed to this parvo? Yours, or hers (co-owner)?
Someone could potentially be blamed for the loss of the litter, considering parvo is not a birth defect which caused the pups to be born dead or die-its a virus to which the mother was somehow exposed. Who exposed her, and where? That may be something seriously considered in court.
Sounds like someone needs to do some major bleach clean-up and have no pups for a while until the place is thoroughly disinfected. At least I would do what I could to give myself peace of mind.
If you are sued keep in mind, it goes on your public record, credit reports, etc., even if you 'win'. It's no laughing matter, even in small claims.
Sounds like she's trying to get the dog away from you so she can do-?? Breed?
However, if the dog is now useless for breeding thanks the the parvo, are you gonna be out that much to just give her over to her (your co-owner obviously won't be able to make $ breeding her if shes now sterile)? I would invest in some testing prior to deciding such, but its a thought.
Like you said, some investments aren't without risk.  That means to you as well as to her. You've got the dog and papers, and only paid 1/2 for the dog-you have nothing to be upset about. She does, in a sense. Do you feel its right to keep the dog without any hope of future litters to compensate this lady-if the dog won't produce anymore, then why should your 'coowner' be the only one to have a 'loss' from it? What if it was you? Do you have another bitch you could breed, and provide her payment from a pup or two to try to resolve the issue? Try to see it from her perspective, too.
If nothing else, sell the unbreedable dog as a pet, split the selling price she brings, and BOTH of you write off the rest of the loss as expensive experience.