Hello all I am new here and I have quite the dilemma. I have a two year old English Setter named Molly whom I bought from a breeder. When I bought Molly I signed a contract that basically stated I was purchasing Molly at a discounted rate with the promise when she turned two she would be bred with the breeder choosing the stud and recieving pick of the litter. When I signed the contract it seemed like a good idea. But now my family and I just love Molly so much and really do not want to breed her. I am just to worried about the possible complications. My vet suggested going through with having her spayed regardless of what the contract says. Molly's breeder has already contacted me and I explained to her that I did not want to have Molly bred and that I would in fact pay any differences. But she refuses she says I have to abide by the contract and if I do not she will sue me. So what do I do?
Wow, that's a tough one. Hopefully someone here can help you, but honestly to me, it sounds more like a legal situation. I don't know where you live, but here there are tons of attorneys who will give you a free consultation. You might check into that. When you call I would just say you are being threatened with a lawsuit and want to see what your options are. I wouldn't tell them nothing has happened yet or they may not be interested. Good luck, hopefully someone will have better advice, but keep us posted. Have a good day! Rusty the Golden Retriever http://www.dogster.com/?68489 Bailey the Pug http://www.dogster.com/?68491 Ariel the Chihuahua http://www.dogster.com/?68494
Wow. Umm... Just follow along. Tell her that if Molly gets hurt or something goes wrong even once, you will sue. Hey, she never guaranteed a safe & normal pregnancy. Tell her you want nothing to do with anything that goes wrong, and you have nothing to do with it. Sounds like a bad breeder. EDIT TO POST: Well, I would go ahead & get her spayed. Besides, what can she sue you for? Will she take away your dog? Probably not. The judge will understand. Just research bad breeders, and know the answers to the questions the judge will ask you in the even that she does sue. On the contract, did she tell you any consequences that would follow if you didn't breed her? ---Allie the Chihuahua http://www.dogster.com/?41063 ---Mönica the Kitty http://www.catster.com/?57596
I am not sure how binding that contract is, but the breeder could buy a dog for what it will cost her in legal fees. What if there was a good reason not to breed her? Also, you are the one that would have to take care of the other puppies. It sounds like you may need to seek legal advice. Who drew up the contract?
If the contract says she gets to be bred, I am not sure there is much you can do about it honestly. Legaleze and all that. As the breeder is basically forcing your hand here, ask who will be paying for the complications?
You better talk to a lawyer about it before you just blow it off. You can, will be sued and you will probably lose. Contracts for real estate and animals is a fiduciary contract and is binding. You may not like it, don't want to do it, etc. but it is a written and signed contract. Again, talk to a lawyer first if you are considering not following through with what is on the contract first. Just some advice!
The breeder drew up the contract. I purchased Molly for $700.00 she was originally asking $1500 for her. I visited with Molly's breeder several times and met four puppies. Molly was the puppy who the breeder chose for me. I originally wanted a male. But I was suckered into the whole breeding deal. Like I said it seemed like a good idea and I thought well two years would give me plenty of time to prepare. But instead it gave me enough time to stew in it and realize I did not want to breed her. So you see she would be suing me for the difference of the $1500 ($800) and it would be small claims court so there would be no attorneys fees.
Wow I was just watching judge Judy and their was a case similar to this. It was breeder vs owner and the owner didn't want to breed the dog. The owner won because of bad contracting by the breeder's part. Really if your willing to pay the difference for the dog's safety then I think the breeder should understand. Read and reread your contract to see if their is any loop holes.
Molly, if she knocked that much off of the price, and considering how she wrote the contract, it sounds like she has done this before. You may just have to follow the contract. You need to talk to an attorney. The only loop hole I see here is if your vet can give you a medical reason for her not to be bred.
I would talk to a lawyer, and talk to your vet maybe he can find something wrong with her that could endanger her health if she were to get pregnant?? I am so sorry for this. Good luck CharlieBug's MOM
I am sorry for all the opinions, but I would go ahead & spay her. Now, the breeder will sue, and you will win. Even if you get a half-decent judge, you will win. Is Molly even registered? ---Allie the Chihuahua http://www.dogster.com/?41063 ---Mönica the Kitty http://www.catster.com/?57596
Is there anything in the contract stating who will be paying the bills for this dog to have a litter of pups? If there is nothing in the contract stating who is responsible for the fees, then I would contact the breeder and let her know exactly what needs to be done before and what it will cost for all of the testing, etc. and ask her if she is prepared to pay 1/2. If I were to present this dilema to my vet, he would put in writing that there is a health risk if this dog is bred, not only to her but the pups also and that she must be spayed ASAP. I would think that would be enough to legally break the contract. I have never heard of a "must breed" contract. This sounds like an irresponsible breeder out to make a quick buck without getting their hands dirty.
There are laws in each state that govern contract agreements. But as a rule of thumb English Common Law (which U.S. law is of course based upon) pretty much states contracts cannot be binding if they are unreasonable. The contract probably is unenforceable at this point. Have the dog spayed! Send her a certified letter sayiing you had the dog spayed however you are willing to pay the difference between $700 and $1500.00. Give her 5 business days to respond. If she doesn't and takes you to court show the judge the letter showing you tried to resolve the issue amicably but this woman just wants to tie up the court system with ridiculous law suits and further you simply did not want to contribute to any more overpopulation in the state and the woman threatened to steal and/or remove the dog from your premises and impregnate her!
I would send her the $800.00 and if she cashs the check she is out of luck. If she does not cash the check make sure you keep a copy and if you have to go court show the judge you tried to pay her and she refused.
Those last two are really good suggestions. I think I would go with mls. You can show you tried. Also, if the letter is refused and you get it back from the post office don't open it. You know what's in there, let the judge open it if it comes to that. When my ex wouldn't pay child support that's exactly what I did and it worked. The judge told him that by ignoring the letter did not get him off. Tell her 5 or 10 days to respond, but remember it takes time to get the response back from the post office. Also if she refuses it, then they have to hold it for a certain number of days. They will give you a receipt with a tracking number and you can go to www.usps.com and enter the number and it will tell you if it was picked up or if it's still sitting at the post office, or if she was home when it was delivered and refused. You can print that as evidence also. Good luck. Have a good day! Rusty the Golden Retriever http://www.dogster.com/?68489 Bailey the Pug http://www.dogster.com/?68491 Ariel the Chihuahua http://www.dogster.com/?68494