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Topic Dog Boards / Breeding / Legally binding email for puppy
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- By JamesSilv [gb] Date 05.10.09 22:58 UTC
Just give them the deposit back.

1. They're never ever going to take you to court.
2. If they did, I'm not sure there is even a court they could take you to, most courts for small claims have a minimal financial limit, and I don't really see what finance you've taken(if the deposits already returned.). At most I can see if the amount they paid in petrol to get to you, but that would not meet a limit for a court to take the case.

But seriousely, Don't even worrie, just deposit by cheque so theres a trail to show you have returned their money and cut contact with them.

There is a legal forum here:

http://www.swarb.co.uk/phpbb/

Where you can ask the question to lawyers, but I honestly don't think you even need to bother.
- By jane [gb] Date 06.10.09 04:51 UTC
Just wondering did the people actually choose a pup as your original post states that you took a deposit when they were born with a view to further vetting at 4 weeks. If they have not chosen a particular pup then I would think you are able to return their deposit without any worry as your e-mail to them would indicate. Just a thought.
jane
- By tooolz Date 06.10.09 07:45 UTC
Tell them the puppy is failing to thrive and you dont feel it is a robust enough 'product' to sell to them - put this in writing and keep a copy.
Return the money with athe letter by special delivery (signed for).

No judge in the land will find against you for not selling a 'faulty product' and giving the money back although I agree with a previous poster...very very unlikely they would go through with their threat........ but if they did, they wouldn't have a leg to stand on.

I would go to court rather than sell 'them' a puppy.
- By perrodeagua [gb] Date 06.10.09 07:49 UTC
It's OK saying all this, but in reality, the person could actually be viewing this board and be able to show that people advised the breeder to do certain things.  You really need to be seeing a solicitor now and not taking advice from those of us who don't know the true legalities of the case.

Good luck.  I'm so glad that I never take deposits.
- By cavlover Date 06.10.09 08:34 UTC
Indeed. I think now this person is threatening to take you to the small claims court there is every chance they have been reading these boards - possibly some comments have been of more use to them than to the OP as a result !
I would simply tell them you have decided to keep the pup yourself (your perogative as a breeder) and that you are returning their deposit in cash with a witness present. I still think their threats re small claims are totally idle as in reality does anybody really think it will come to that - as I said, they've probably read this thread and are now acting on some of the comments.
- By Carrington Date 06.10.09 09:07 UTC
Just out of interest, who are these people, are they just pet dog owners, or people with a show or working interest, or are they breeders themselves?

I am just miffed if pet owners why they are taking this so personally and threatening small claims court, there must be a reason why they are willing to push to the limits to get this pup. In cases like this people are generally aggrieved but don't go this far.

I actually would not keep the pup myself no-one knows what can happen in court, if the pup is settled in a new home it is unlikely that a judge would rip it from that home if they were to win, whereas if still with the breeder they could do that still. If things go very badly, I would rather give compensation than the pup.

Let's hope it does not go that far, did you check your wording on the e-mail to see if you stated prior to the deposit or on the same e-mail that you would be vetting at 4 weeks and the deposit was for reservation only? (It is no good stating about the vetting afterwards on a seperate e-mail.)

I agree you now need a solicitor and trading standards, there are always little bits of the law that only the two know about, (get out clauses and leagalities on the accused and defendants side) solicitors need the full transcripts to know for sure here.

Good luck but unless you are legally stopped from homing this pup, I would definitely be moving it along, so that they can not have it.
- By JamesSilv [gb] Date 06.10.09 12:27 UTC
It's very weird.

If I wanted a puppy from someone and they sent me an email telling me they didn't like me.

I would be anoyed, but I also wouldn't want a puppy from you after that anyway...

What breed is it?
- By Jeangenie [gb] Date 06.10.09 12:39 UTC

>What breed is it?


It's against the ToS to mention breeds when discussing litters of puppies. It's advertising them, which is forbidden on the Forum.
- By cavlover Date 06.10.09 12:46 UTC
This is why I am certain they are bluffing - they know it is a ridiculous idea to pursue this through the small claims and I would say this is just their way of demonstrating to the OP that they are annoyed at her change of heart - and so are trying to worry her - trying to seek revenge I would say. But in reality, I doubt they would now want a pup off her and have probably already made enquiries to other breeders !
- By TheMutts Date 06.10.09 13:41 UTC
I'm confused... you took the deposit when the pups were born, it was posted in cash through your letterbox? So, why on earth, if they could hand deliver a cash deposit, did you not meet and vet them then also? I can not comprehend why anyone would take a deposit on a newborn litter without having even met these people before.

I'd return the deposit, protect my pup and learn my lesson, keeping my fingers crossed that the threats of court are just that. Find the puppy a new loving home and worst come to worst, face any court action later.
- By peppe [gb] Date 06.10.09 16:15 UTC
I would just send the deposit back. When I used to breed collies if I wasn't happy with the people after checking they did not get the puppy. I was threatened once but after telling them why I changed my mind and that they were living creatures and not just a piece of furniture they took it no further. A good breeder bring up and cares for the puppies for 8 weeks and if I was not happy with what I found I certainly wouldn't care what they threaten to do the future of the puppy is the prime concern.
- By itsadogslife [gb] Date 06.10.09 17:01 UTC
I used to work for Trading Standards, and my advice would be to talk to your local Trading Standards office. Consumer Direct can probably advise you on what Small Claims Court will or won't handle. It depends on where you are in the country as to which number to call, you can get if off their website.

As you are technically a "business" in that you are selling something to someone else, your local TS office will be at your Town Hall.

I'm sorry you feel this family is unsuitable for your pups, but I feel that honesty is the best policy in this case, and the parents should be told the reasons for your refusal. I hope you can sort it out!

Good luck!!
- By clashnoir [gb] Date 19.10.09 13:00 UTC
God what a situation to be in.
Call me stupid but I only looked at taking a deposit to ensure the buyer didnt waste my time by deciding a few weeks down the line they didnt want the puppy they had picked from the litter.  I didnt even think if it as a contract.  Eyes opened now although Scottish law will be different again too.
I always take a deposit at the puppy picking stage as I have had a few timewasters who I have never heard from again.  I hate selling pups at times and mostly I breed when I want to keep one myself but even then the type of people who contact you is unreal.  i have been verbally abused and all sorts on the phone.
Good luck to you in your situation.
- By Goldmali Date 19.10.09 13:36 UTC
Call me stupid but I only looked at taking a deposit to ensure the buyer didnt waste my time by deciding a few weeks down the line they didnt want the puppy they had picked from the litter.

And you'd be happy to sell a puppy to somebody who didn't really want it??? :eek:
- By clashnoir [gb] Date 19.10.09 14:30 UTC
You took me totally out of context. I only ask for a deposit after they have made a decision and picked a pup.  Meaning its reserved soley for them.
I have had people say they want a pup and pull out after asking for it to be kept for them.
Thats what I meant.  Thats why asking for a deposit means they wont mess you about with a bit of luck.
- By tooolz Date 19.10.09 14:37 UTC

> Thats why asking for a deposit means they wont mess you about with a bit of luck.


That's exactly why I dont take deposits, I wont deal with anybody who is, even remotely, likely to "mess me about"....... and reserve the right to change my mind right up to the minute I let the pup go.

> I have had people say they want a pup and pull out after asking for it to be kept for them


In that scenario..who cares about the money..lucky escape for me and my pup I would say.
- By clashnoir [gb] Date 19.10.09 14:48 UTC
Typical forum.
Its nothing to do with the money.  If it was I wouldnt be breeding dogs for a start. 
I have thought of people as being very genuine and keep in touch and 8 week old pups start going home and these people go to ground
and you cant get any response from them. 
Thats the only point I was making.  I too have not sold pups to people I'm not happy with but its the time wasters who really get my back up.
- By itsadogslife [gb] Date 19.10.09 16:37 UTC
I understand what you're saying but in our case, I carried on taking names for our pups, and made it clear that they would have 1st, 2nd refusal etc if somebody pulled out at the last minute.

Maybe I was just lucky, but mainly through this website, I had all 9 pups booked before they were born. I went through my list when they were 3 days old to see if they were still interested, 2 had either changed their mind or gone elsewhere (after all, quite a long wait!) I then contacted 2 from the list and still had all pups booked!

I then kept in contact with all prospective puppy owners, emailing them all on a weekly basis with video's and photo's, and when the litter was 3 weeks old, they started to visit. Some visited every week, one family even made their choice via video clip as they were a 5 hour drive away. I worked very hard to build up  relationship with them, and had a couple of very difficult conversations with my husband over some concerns, but everything was resolved, and all took their puppy (which I had more-or-less chosen for them!) home at 8 weeks. They loved the fact that I could tell them about the characters of the pups, which were more outgoing, which were quieter, which I thought might suit their lifestyle better etc, in fact, out of the 4 bitches, no one could choose anyway, because we didn't make our own choice until they were 7 weeks.

I didn't take any deposits, I won't in the future either, because not only can they pull out of the purchase (not necessarily time-wasters, sometimes people's situations change!), but also I reserve to change my mind even at the very last minute. Trust me, I wouldn't hesitate to do it if I had any worries about the wellbeing or future of my pup...

Yes, there's always the possibility there might be a pup left to sell, but I'd rather that than the sleepless nights worrying about one which has gone under duress or to someone I was worried about.
- By Goldmali Date 19.10.09 17:06 UTC
That's exactly why I dont take deposits, I wont deal with anybody who is, even remotely, likely to "mess me about"....... and reserve the right to change my mind right up to the minute I let the pup go.

Exactly. I couldn't imagine anything worse than somebody buying a puppy of mine because they felt they had to, when in fact they'd rather buy a different puppy -or none at all. All buyers need to have the pup they feel the happiest with, as they are going to live with it for many years.
- By Brainless [gb] Date 19.10.09 17:42 UTC

> Exactly. I couldn't imagine anything worse than somebody buying a puppy of mine because they felt they had to,


I can't see how that would happen, unless the deposit is large, I only take £50, it certainly isn't enough to make someone take a puppy they don't want probably only equalling the fuel costs of getting to me and home, but is enough to stop people hedging their bets with several breeders who all think they have pups spoken for only to find that they don't, and in the meantime you may have had to discard a good enquiry or more.

In the meantime it may take several weeks to re-advertise a pup and find the right home when it could have been in a good home at the usual time.

I wonder why the author of the Book of the Bitch encourages breeders to take deposits if so many feel it is the wrong or a dangerous way to go?
- By Alfieshmalfie Date 19.10.09 18:04 UTC
Just to turn this on its head a little, as only ever a buyer of pups, never a breeder, I prefer to leave a deposit on the pup.  In fact I would worry if I couldnt leave one.  My way of thinking is, Ive chosen (with the advice of the breeder, and my own gut instinct) a pup that I really want.  I wouldnt want this pup to go to anyone else and as soon as Ive decided, I start thinking of names and how they will be in my home and the sort of fun things we are going to do together.  Its like its confirmed that the pup will belong to me, and that she/he wouldnt be able to sell it to anyone else. 

I had a friend where I used to live, who went to a recognised and well respected breeder, they decided that she could have pup x, and the breeder didnt want a deposit.  She kept in contact with the breeder and visited the pup and started to form a good bond with it and was the sort of owner that was 100% in every way.  The breeder then had someone contact her and offer her more money for the pup in question.  She took the higher offer :( and my friend just had an email to say that the pup was going to someone else as there wasnt any formal agreement.
- By Goldmali Date 19.10.09 18:04 UTC
I can't see how that would happen, unless the deposit is large, I only take £50, it certainly isn't enough to make someone take a puppy they don't want probably only equalling the fuel costs of getting to me and home,

You'd be surprised -to some people that seems to matter a lot. With common breeds they may also be local and not have to travel far. Sometimes it's just the principle of not wanting to lose any money. Not to mention that they may not even TELL you they'd rather go elsewhere if they have paid a deposit. (That story I have heard many a time. "I realised it wasn't the right breeder/pup for me but as we'd paid the deposit we couldn't really change our minds." Usually said about BYBs, but could apply to anyone.) Also I think most people take bigger deposits than £50 -I've heard of hundreds.

As for the Book of the bitch -there's other things in there out of date as well. :)
- By Brainless [gb] Date 19.10.09 18:18 UTC

> With common breeds they may also be local and not have to travel far.


With my breed you travel to where there is a puppy rarely is it local.

> Also I think most people take bigger deposits than £50 -


Maybe then I am right in taking a small deposit, it still puts off total time wasters, works for me as I hate to keep potential owners hanging about in reserve preferring to get them on the next breeders waiting list.

I had one lady miss out on a pup from me from aa litter last year, as she contacted me too late and there were only two bitches.  I put her onto a friend breeding her first litter, but again she already had more enquiries than for the two bitches born.

She then came back to me for the litter I hoped to have in October, but my bitch missed, but fortunately was able to get her onto a bitch puppy from a cancellation of a friends litter and she is picking her up in a few weeks.
- By spaniel fan [gb] Date 19.10.09 20:18 UTC
I had a similar experience to Alfieshmalfie's friend - having done a good deal of research I called a 'reputable accredited' breeder. Her dog had just been mated so I completed the questionaire about myself the environment for the pup and also called her to ask follow up questions and establish a dialogue and also told her that I was happy to answer any questions she wanted to ask.  I was told I was first on the list for a male puppy ((she was not at that stage planning to keep a pup - she had wanted a black and white and all were blue roan) Subject to our meeting I was suitable.  Before the meeting the breeder requested and I was happy to supply a £100 deposit.  At 4 weeks of age I travelled 80 miles to see the litter.  There were 3 male puppies in a litter of 5 and I fell in love with one - when I asked if I could select that one I was then told no as she was now keeping a male pup but didn't know which one.  Disappointed I resigned myself to 2nd choice as I felt it was the breeder's right although it seemed unusual as given that the dam was a PRA carrier it would have meant taking a risk on a male stud pup.  She also refused to let myself and the other prospective purchasers see the stud of the litter as he was 'muddy' Have to say that any prospective owner put off by a muddy dog is not going to be a suitable owner of spaniels!!  Anyway 1 week later she round robin emailed 5  prospective puppy owners so obviously wasn't keeping one at all.  She refused to provide any logical explanation. Probably she had been offered more money for 1st pick.  I withdrew from the purchase and took legal advice to regain my deposit. I had behaved decently as a purchaser and had only signed up with this woman in the mistaken belief she was a breeder of integrity.  It took me several more months to find a suitable pup.  Long story short there are also unpleasant dishonourable breeders although I have to agree there are plenty of timewasters out there which is unfair on you guys who truly care for your pups
- By cavlover Date 20.10.09 08:28 UTC
I take deposits - always have done - for the reasons stated by brainless. I also feel it gives the new owner peace of mind that there is a puppy for them. I would never take a deposit from anyone I wasn't 100 % sure about.
- By Brainless [gb] Date 20.10.09 10:16 UTC
I think the cases quoted of people being promised a pup and then guzzumped are terrible.  While compiling my waiting list is it is lovely to build a relationship with new owners, another good reason to have most spoken for even before birth, as it gives you so much more time to get to know each other.

This is why when I don't have enough pups for the bookings I am so keen to make sure they get a nice pup from someone else or get early onto another litters waiting list, as by then a relationship has been forged between me and the potential owners.

When you have the odd pup for sale at leaving age you have less time to make up your mind about each other.
- By Blue Date 20.10.09 11:55 UTC
Some people like to take a deposit OR to advise a deposit will be taking after inital meeting, sometimes this statement of asking for a deposit makes the potential buyer think it through that bit more and leading up to meeting the breeder that as they know they are actually handing money over and making a commitment they better be 100% sure. 

I don't see anything wrong if the breeder is a intelligent person who knows exactly what he or she is doing.

How many people are the right type of buyer as in they will provide a good home and love the puppy for life BUT get itchy feet and buy somewhere sooner. Yes it makes them silly people but still not the wrong type of puppy owner.  People make mistakes.

Each to their own IF they do it properly. 

I don't take deposits myself now as I am always scared that I commit a puppy then decide at 8 weeks it's the one.  I generally don't even pick what I am keeping till then.
- By molezak [gb] Date 21.10.09 18:46 UTC

> I understand what you're saying but in our case, I carried on taking names for our pups, and made it clear that they would have 1st, 2nd refusal etc if somebody pulled out at the last minute.
>
> Maybe I was just lucky, but mainly through this website, I had all 9 pups booked before they were born. I went through my list when they were 3 days old to see if they were still interested, 2 had either changed their mind or gone elsewhere (after all, quite a long wait!) I then contacted 2 from the list and still had all pups booked!
>
> I then kept in contact with all prospective puppy owners, emailing them all on a weekly basis with video's and photo's, and when the litter was 3 weeks old, they started to visit. Some visited every week, one family even made their choice via video clip as they were a 5 hour drive away. I worked very hard to build up  relationship with them, and had a couple of very difficult conversations with my husband over some concerns, but everything was resolved, and all took their puppy (which I had more-or-less chosen for them!) home at 8 weeks. They loved the fact that I could tell them about the characters of the pups, which were more outgoing, which were quieter, which I thought might suit their lifestyle better etc, in fact, out of the 4 bitches, no one could choose anyway, because we didn't make our own choice until they were 7 weeks.
>
> I didn't take any deposits, I won't in the future either, because not only can they pull out of the purchase (not necessarily time-wasters, sometimes people's situations change!), but also I reserve to change my mind even at the very last minute. Trust me, I wouldn't hesitate to do it if I had any worries about the wellbeing or future of my pup...
>
> Yes, there's always the possibility there might be a pup left to sell, but I'd rather that than the sleepless nights worrying about one which has gone under duress or to someone I was worried about.


Gosh that's like a carbon copy of what I try to do!
- By molezak [gb] Date 21.10.09 18:49 UTC

> As for the Book of the bitch -there's other things in there out of date as well


Out of interest, what would everyone's up-to-date replacement be?  We could do with a new version!
- By ANNM172 [gb] Date 22.10.09 08:18 UTC
I like The Whelping and Rearing of puppies by Muriel Lee
- By Brainless [gb] Date 22.10.09 08:23 UTC Edited 22.10.09 08:28 UTC
I don't know when it was last updated as my copy is the second series as the first one I lent to someone and didn't get back for ages.

My current one has the ubiquitous Labrador on the cover, the first one had Cassie the Beardie and her litter.
- By Brainless [gb] Date 22.10.09 08:30 UTC Edited 22.10.09 08:36 UTC

> I like The Whelping and Rearing of puppies by Muriel Lee


Unfortunately that one is very American, as are several others, which unfortunately will skew things to the US way of doing things which doesn't necessarily apply to us in UK.

For example the use of and expertise in AI, hormone testing, etc are quite different.

For example we commonly use Ultrasound here , but in the USA they tend to x-ray something I think most vets here avoid.
- By cavlover Date 22.10.09 09:46 UTC
I have the Book of the Bitch and also The Complete Book of Dog Breeding by Dan Rice, which I purchased about 7 years ago from amazon. It is American but I do find both books useful although I agree the BOTB could do with updating.
- By denese [gb] Date 22.10.09 16:09 UTC
riajayne,
The puppies belong to you! you decide who you sell your puppies to. Deposit or not, I would have sent a cheque returning the deposit as soon as I had decided they were not fit. With an apology for wasting there time. They will only have a reciept for there deposit. Possession is 90% of the law. I would sell my puppies to suitable homes. If they wish to take it to court I would not have a puppy left to give them only there money back.

Denese
- By itsadogslife [gb] Date 26.10.09 15:23 UTC
I'd just like to add that none of my puppy people were told which choice order they were. They all told me after about 6 weeks (by then most had visited several times!) which their favourites were and in which order. When we had made our choice of pup at 7 weeks, I sat down and worked out who was to get what. I had marked in my book who we thought would suit each puppy. Funnily enough, they all had their number one choice, and everyone was 100% happy with the result, I was happy too because without exception all the pups went to the people I had matched them with.

Getting back to the deposit question, I had a man and wife visit before pups were born. The man had a lot to say, had owned the breed before etc etc. They were both retirement age and the wife was disabled. The husband had his wallet out and was offering to pay the full price for a pup there and then. I refused to even let him leave a deposit!! Anyway I had some really serious concerns which I discussed with my husband at length after they left. He would have been 1st pick if it had been done the traditional way. Needless to say they didn't get a puppy, the man was extremely angry and rude to me over the phone (I let him down when the pups were a matter of DAYS old), and I am so very glad I went on my instinct!!!

I had so many supremely suitable potential owners come along after him that I'm so glad now I didn't bow to his pressure, I know I'm going to be so much tougher next time, but am glad we did it the way we did.
- By Brainless [gb] Date 26.10.09 16:36 UTC

> I had marked in my book who we thought would suit each puppy. Funnily enough, they all had their number one choice, and everyone was 100% happy with the result,


Interestingly enough this happens pretty often.  As the breeder who has got to know the potential new owners (this is why I do take the deposits soon after birth) and the pups it pays to steer people to the pup that will seem to suit them best, it is fortunate that the differences in pups visually is small in a breed with just one colour and puppies changing daily.

I usually tell people which order they can choose based on who contacted first so will ask them to pick a first and second choice in case someone ahead of them picks the same.  Obviously anyone wishing to show will be directed to the pups showing most promise from this aspect.
- By Jaspersmum [gb] Date 27.10.09 16:41 UTC
Sorry to put a slightly different situation (and such a long post) into the OP's dilemma but I've found this thread quite interesting..

Our youngest dog has been purchased to show.  I was given the contact details for the breeder by a mutual friend and opened communication before the litter were born.  When we knew the sex of the pups we sent a cheque for 1/2 the asking price to secure the "pick" of the litter which would be selected by breeder and the stud dog owner (who we knew) with a little input from us due to our inexperience selecting the best show one at a young age.  At the time I paid the deposit I had not met the breeder face to face nor had I seen the puppies but I released a large sum of money of the basis of friends recommendation which I'm inclined to believe the breeder had also accepted their view of us.  I sent a letter with the deposit stating that the deposit was being made conditional on the puppies being of a suitable quality.  As it happened, the puppy we liked best  was also the one both breeders selected too so all happy.

We viewed the puppies at 5 weeks (no decision which had the most promise so still we had not selected THE puppy until after 7 weeks) and brought him home at 8 weeks. 
My deposit receipt also confirmed that it was for a pup of show potential.  Naturally I hope that when pup hits the ring he'll be promising (and in my dreams will win BP) but what come back is there if say his bite was wrong, his bits didn't both drop etc etc that meant he really wasn't show material - what would any of you offer in the same situation. 

In reality I suspect that we would actually never show again and pupster would remove a much loved family pet but I have as many dogs as I can have, lottery win excluded, so buying another to try again is not going to happen so this is rather hyperthetical.  I must admit to being very nervous parting with cash for an unseen puppy but felt that if that was required to secure "the best of" that was what I had to do......

I really feel for breeders parting with precious pups and hoping they go to special homes.  My oldest dog was a private rehome where the breeder regrets selling the dog to the first owner but couldn't put a finger on the gut instinct that said it wasn't right and therefore couldn't find good reason to tell them she'd changed her mind.  Think she's happy where he ended though.
- By JaneS (Moderator) Date 27.10.09 17:08 UTC

> Naturally I hope that when pup hits the ring he'll be promising (and in my dreams will win BP) but what come back is there if say his bite was wrong, his bits didn't both drop etc etc that meant he really wasn't show material - what would any of you offer in the same situation.


What does your contract say? My own contracts always state that a puppy is being sold primarily as a pet with no warrantee as to show quality (even if the pup is hopefully going to be shown) and that way, both parties know where they stand - puppy buyers understand that I am not guaranteeing a pup will be suitable for showing (something I will have explained in great detail beforehand anyway :-)) and as a breeder, I am protected from being sued for breach of contract. It's a foolish breeder that sells an 8 week old puppy as show quality because no breeder can ever guarantee this (wish we could!)

> I must admit to being very nervous parting with cash for an unseen puppy but felt that if that was required to secure "the best of" that was what I had to do......


It's not something as a breeder I would ever ask of a buyer (and I think we have the same breed ;-)) but perhaps I am old fashioned ;-) It's not something anybody has ever asked of us either when we have bought in puppies from other breeders (including very successful breeders) so perhaps it is a new trend ....
- By Jaspersmum [gb] Date 27.10.09 18:42 UTC

> It's not something as a breeder I would ever ask of a buyer (and I think we have the same breed ;-)) but perhaps I am old fashioned ;-) It's not something anybody has ever asked of us either when we have bought in puppies from other breeders (including very successful breeders) so perhaps it is a new trend ....


As you know Jane, I spoke to you about a couple of worries at the time and those fears were overcome.  If the breeder hadn't been a good friend of the person I knew, I wouldn't of accepted the terms.

With regards to any contract, as I say, in our case it's hyperthetical because we just wouldn't show again and would look at other activities.  I suppose my interest is also professional, working for Citizens Advice, as to how far a contract could be up-held, where a good breeder would act but another might not. But also in a situation where there can be not cast iron guarentees whether the duckling will become the beautiful swan...

If anything, to me as an outsider, in todays suing society it becomes even more crucial to spell out the expectations on both parties right from the initial conversation and probably even before money is exchanged...
- By Brainless [gb] Date 27.10.09 19:05 UTC
I sell puppies to be suitable as companions first and foremost, anything else is a bonus, choosing the one/s with most promise if they are destined for the ring.

In the end what is a showdog?  For one person it will be a dog with no outstanding fault (as there are no disqualifying faults in the UK), for someone else it will be a dog that can win a class, for others they are hoping for something capable of more.

The higher the expectation the more chance anyone takes when buying a puppy. 

The breeder takes the same chance themselves when they keep a puppy, especially if like me once they have been chosen t stay they stay for good.

If choosing show potential was that good we breeders would have all champions, instead we stack the odds in our favour by choosing the parents with the ancestors with the traits we hope to replicate and combine, and cross our fingers that the chosen pup doesn't end with a bad mouth, go over or not make size, if male has both jewels where they should be and has the temperament and that extra that makes a show dog.

Of course if a show potential pup is sold for a premium then the buyer should be entitled to the difference between the price paid and that charged for a pet, but I suspect few breeders are foolish enough to do that..
- By Jeangenie [gb] Date 27.10.09 19:13 UTC

>what come back is there if say his bite was wrong, his bits didn't both drop etc etc that meant he really wasn't show material - what would any of you offer in the same situation.


The best any breeder can say of a puppy is that at 8 weeks old is has show potential; it has no obvious major faults that would mean a show career was unwise. The mouth should not be obviously wrong; the testicles should show evidence of both dropping (they probably wouldn't be fully descended, but two bumps rather than one should be visible); his tail carriage would be approximately correct etc. But anything can happen between puppyhood and maturity, and many pups don't develop as hoped and fulfil the potential they showed. That's not the breeder's fault, and no refund would be due.
- By JaneS (Moderator) Date 27.10.09 21:33 UTC

> The best any breeder can say of a puppy is that at 8 weeks old is has show potential; it has no obvious major faults that would mean a show career was unwise. The mouth should not be obviously wrong; the testicles should show evidence of both dropping (they probably wouldn't be fully descended, but two bumps rather than one should be visible); his tail carriage would be approximately correct etc. But anything can happen between puppyhood and maturity, and many pups don't develop as hoped and fulfil the potential they showed. That's not the breeder's fault, and no refund would be due.


Absolutely right but there are breeders (in my breed anyway) who are silly enough to charge more for an 8 week old pup going to a buyer who wants to show and in such cases, there would certainly be an argument (legally and morally) for refunding the difference between the price paid and the average price of a pet puppy (if the puppy did not turn out to be showable). Sensible breeders won't charge more and will make sure their buyers understand they can only offer a pup with "potential" - sadly not all breeders are sensible (going by some of the ads I see anyway)
- By FooFoo [gb] Date 28.10.09 00:51 UTC
Bottom line dont take deposits of people you havent met!  I fail t o see why you would do this anyway!  Lesson learnt!
- By cavlover Date 28.10.09 10:29 UTC
Sorry not had time to read through all the latest posts properly but I just had to say, that no breeder could guarantee a pup to be show quality at 8 weeks. It is merely a promising pup at that very early stage. I don't see how anyone purchasing a "show pup" at 8 weeks could have any comeback on the breeder - we can't see into the future and mouths can change for a start, should the pup not turn out as well as had been hoped. I am sure this must have been written into the contract at the point of sale ?
I sold a pup to a lady who wanted to show her - but she was sold at 8 weeks and as such my contract stated that this pup was sold purely as pet quality (obviously charged same price as for rest of the litter) - and the new owner was happy with this as she only wanted to have a bit of fun with her and it wouldn't have been the end of the world had she not turned out as well as hoped. As it is, this pup has done quite well for herself. But I could never had been certain of that at 8 weeks.
I think anyone with high ambitions for showing should look to purchasing an older pup - say at 6 months. Needless to say, you will pay a premium for taking on a truly show quality pup.
- By Brainless [gb] Date 28.10.09 10:31 UTC

> I think anyone with high ambitions for showing should look to purchasing an older pup - say at 6 months. Needless to say, you will pay a premium for taking on a truly show quality pup.


and of course rarely will such pups be available.
- By cavlover Date 28.10.09 11:04 UTC
Agreed but it does happen - admittedly they tend to be available from the BIG show kennels.
- By riajayne [gb] Date 04.11.09 22:22 UTC Edited 04.11.09 22:27 UTC
Just a quick update to say after threats of being taken to court nothing happened. The pups have now all left for their new homes. They have settled in really well and they all seem soo happy. I did speak to my solicitor again before i let the pups in questions be rehomed and got the go ahead. Thank you all soo much for your help. Was a very stressful time but i must say i have deffo learnt my lesson xx
- By Lea Date 04.11.09 22:40 UTC
Thats great news :) :) :)
Am so pleased it never came to anything xx
Lea :) :)
- By cavlover Date 05.11.09 12:31 UTC
Great news, but the outcome was exactly as I expected it to be. It was always an idle threat as in reality whilst in your possession the pup belonged to you. Once you returned their deposit that was the end of the sorry saga. We all go through unpleasantries breeding dogs but we do all learn from them.
Topic Dog Boards / Breeding / Legally binding email for puppy
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