Did any of you see the People's court case were this breeder sells a lady one of her pups at a lower price with a stipulation in the contract that the lady who she sold it to had to let the original breeder breed the pup by the age of two with the stud of her choice, then she is supposed get one pup of her choice out of that litter? The lady who the breeder sold the dog to had health problems and was not able to get into contact with the breeder by the time the dog was two. So she sued her and won $2,500. I think the dog was a britney spaniel (sp?)
Anyway, I was just wondering how common this is. I don't know, but I don't think I would want to buy a dog that someone else had that much control over. I can see making you spay or neuter, but isn't that a little extreme?
A friend of mine used to breed Belgian Malinois up in Canada, and I remember her mentioning a situation like that... she received her bitch at a lower price but the breeder had pick of my friends 1st litter. I guess it's something breeders do in order to be able to get new breeding stock without having to raise and care for all the dogs that they want to breed.
As for the case you mentioned, it seems silly to me that the breeder won this case. If the owner had a medical condition that kept her from notifying the breeder, I would think that the judge would show some compassion towards the owner.
***Edited By: imsdac on 6/28/2006 6:26:25 PM*** Reason: clarification
That is a common practice in breeding contracts. Some buyers are willing to do this so they save on initial up front money, but when you consider the price/value of a pick of litter pup, it actually cost more in the long run. It is also not unusual for the original breeder to have control of who the bought puppy is bred to also. I have heard of original breeders that actually get the pick of the litter from every breeding, not just the first.
As for the judge finding in favor of the original breeder, that is not a surprise either as it is a written contract. Some people do not take a written contract seriously when it comes to dogs, but by law, they should. One concern of many breeders is selling on a spay/neuter contract and the buyer ignoring it completely and breeding the sold puppy later anyway. It not only can, but does happen quite often.
We just had an inquiry for a show quality silver female because the couple had a little silver male that they thought they may want to breed to it later. They were not interested in showing the female, but wanted to have an open registration in-case they wanted to breed. I don't think so! As a breeder, you don't sell show quality dogs unless they're going to be shown. JMO
I have done that a couple times in the past 18 months for people who wanted one of my nicer puppies, male or female, but didn't have the funds. I either keep 3 breedings for males or ask for a puppy or two back from a bitch (2 puppies was when I GAVE some one a bitch puppy on co-ownership).
I have yet to see how this will turn out, but they were nice families regardless.
Oh yeah, I also took a bitch from a friend, free of charge, for 2 puppies from her first future litter and 1 from her 3rd.
I can tell you on the giving up end it sucks. The bitch just had a very nice litter and I am giving up puppies that are monetarily 'worth' MANY times more than if I would have just bought a bitch of that quality outright (which was not given as an option), and I still owe a puppy. I would not ever give up more than 1 puppy again, no matter how nice the bitch is. Live and learn.
***Edited By: alicat1 on 6/29/2006 8:06:49 AM*** Reason: ad