Well going to see how binding my contract is on Wednesday with an attorney..
The ditzy broad is rehoming the dog, won't tell me with who or where... I ask that I be given first option to take it back and rehome it for them and all monies go back to them minus expenses incurred, or I must agree on the new owners and they must agree to also be bound by my contract.
The good thing I think is that normally you can't sue to get the dog back its property and they bought it, But I can sue her for breach of contract and the stipulation of the breach is I reposess the pup.. I have read where some people put a $5,000 breach of contract clause in... WOW
Hopefully the breach of contract stipulation holds up.. I will let you know..
I hope you win and get the dog back. Please let us know how it turns out. Do you give refunds, if someone changes their minds? I just had someone ask for a complete refund on a puppy today, and I have spent HOURS working with them, not to mention long distance phone calls and taking new pictures and I already had the papers filled out in their names and ready to mail. (I haven't shipped the puppy yet) And I don't want them to take something they have decided they can't handle. The puppy will be better off not going there, if they have decided they can't handle one at this time. I was concerned, too, that the mom is the one who paid and the daughter is the one asking for all the $$ back. This is the first time I have had this happen and I wondered what your policy is on that. I guess I need to address that in my contract. I, too, insist on taking the puppy back if they can no longer keep it and decide to get rid of it, or if I feel they are not caring for it. Let us know how it goes in court.
CeCe my deposits are non-refundable, but if you haven't shipped the puppy yet I would refund the money other than the deposit and if you already have the Vet. health certificate for the flight , I would look at that as an incurred expense and I would subtract that from the monies they are getting back.
Well I got a phone call this evening from the people who are interested in the pup. A very well mannered understanding person. She told me about the living arrangments for the pup, and how much they really liked her and that they would like to do whatever they could to get the pup. I said the only thing that I ask is that they put an addendum on the contract regarding the change in ownership and that they agree to be bound by the contract and send me a copy.. I explained that I am trying to be a responsible breeder and I always want to know where the pups are and that the new owner knows they can call me 24/7 with questions, and I would be more than happy to help train or babysit, or take the dog back if they couldn't keep her anymore or properly care for her.. She agreed to the contract and said thats all??? I said yes that I trust Diane to find Buffy a good home, and that I would like to contact them later and be updated with pics and such.. They agreed..
Later I found out that they both had called around about my contract and people didn't like it, they thought it was to tough, but bindable.. The last call they made was to AKC to see what they could do and AKC said "This is a standard contract of a responsible breeder." The ladies agreed that AKC knows the dog business and I am not such a bad person after all.. WTG AKC!!! I think if I ever run into this problem again I will have them call AKC.. Still going to the laywer later and go over it with a fine tooth comb, but not so urgent now...
A word of caution..... This would have never have to be if I had followed my instincts and never sold the pup to her in the first place.. I just had that feeling about her, even though she spoils her dogs like crazy she just isn't right... I know better than to ignore the red flags dang it...
PS. Her reason for rehoming: She also has to Yorkies and Buffy is a mini Poodle, she is very kind and loving to the Yorkies, she lets they tug on her ears and such, but sometimes Buffy jumps up on her and the Yorkies do too and they get stepped on... <sigh>
The lady getting Buffy may not spoil her as much, but she sounded educated as far as dogs go...
***Edited By: LuvsTalMen on 7/24/2006 8:25:42 PM*** Reason: added
That sounds like everything might work out--and you won't have to go to court. I'm sure getting a good home for the dog is what's most important to you. Thanks for that advice you gave me. I gave them a refund, except for $50 and the pay pal fees. I hope that satisfies them. If someone has decided they made a mistake and can't take the dog, i sure don't want to force it on them. Was thinking of giving it to my mom anyway-she would really love it. Thanks for the advice and glad to hear your deal is working out well.
Contracts....ahhh my nightmare. I cut the new version down from 8 pages to 5 because I didn't want to be too much of a bitch (Protective female dog...:)
I found out from an incedent involving a puppy from last year that my contract wasn't much good at all if the buyers sell a puppy from under me. Some one bought a white puppy with a SPAY contract. They then resold her to a byb!!!!! I called all over, cried, didn't sleep at night and yet nothing could be done.
So I did add and have kept a $3000 penalty clause for selling the puppy with out offering it back and for not altering a limited puppy or if they intentionally OR ACCIDENTALLY breed a limited registered puppy (that is $3000/per litter). 1/2 goes directly to me 1/2 goes to a boxer rescue of my choice. That way there is a set monitary penatly.
I just want the option to buy back. I wouldn't force some one to give me back a puppy for free that they purchased. However, I may not want it back and in that case I just help rehome it and give them the money for it. Or they are always welcome to return the puppy/dog back free of charge for any reason, no questions asked.
I am having a huge disagreement on the other end of a show contract so...I TRY to be reasonable and fair to both sides, but most importantly the puppy.
Thanks Crazy Bailey for the compliment.. I do my best, but still not perfect.
The way I look at it is like I put in my contract:
We brought this dog into the world through selective breeding and you took this dog into your home; we are both responsible to do all we can to give him a safe, healthy, happy and loving home for life.
Sorry I had to share this new information.. My contract can't be to bad considering I put it together and wrote it myself.. Turns out the new owner works for the Prosecuting Attorneys office in the next county, I would bet she had the boss look at it for her and found it was binding.
Got the addendum today and we all signed it..
I know I know don't break my arm patting myself on the back... But it feels good to do something right once in a while.
***Edited By: LuvsTalMen on 7/26/2006 1:08:58 PM*** Reason: added