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Topic Dog Boards / Breeding / Restrictions
- By triona [gb] Date 30.07.10 16:13 UTC
Right all of the puppies have breeding restrictions on even the one we are planning to keep and in the contract it states good representation of the breed of the right age etc etc... but.. one buyer let slip that their dog had a heriditary problem and was planning to use it on the puppy once old enough... so I was going to re write the contract stating that the restriction will only be lifted if the stud they wanted to use was free form heriditary faults, can I do this? Or am I being unreasonable?
- By suejaw Date 30.07.10 16:37 UTC
The problem you are now going to have is even if they agree to this and state that they won't use the boy on their current girl, there is nothing to stop them once you have lifted the restrictions, if this ends up being the case.. How much do you trust them to do the right thing? How bad is the hereditary defect? What is it and how does it effect the dog etc?
- By Brainless [gb] Date 30.07.10 21:32 UTC
The only way around this to keep control over how a bitch or dog are bred would be that the bitch/dog was transfered into your joint names for any breeding, and you would then lift the endorsement, and then re-instate it later, but you would both have to re-instate it, and or remove it in future.

Of course if they refused to have the endorsement put back on you couldn't do anything other than refuse to counter sign any litter registrations so they could not register any puppies without your signature.

Such a fraught situation I think would need a solicitors witnessed contract.

I think the Kennel Club should look at the possibility of endorsements being lifted temporarily for a given litter.
- By dogs a babe Date 30.07.10 22:14 UTC

> in the contract it states good representation of the breed of the right age etc etc.


Presumably, even with only this in the contract the lifting isn't absolutely guaranteed and still subject to a discussion/agreement with you?  I would imagine you'd expect to be in regular contact with the new owner and may still be able to influence their thinking.  Will they be showing?  If that's the case you may find they soon change their expectations and or understanding of the most appropriate mating.  Mind you, they could agree to you vetting and approving the first stud dog, and go their own way with any subsequent matings...

Have you discussed the contract in detail yet?  I guess you must be some way along if they are buying a bitch with the expectation of breeding in future but if you've not fully discussed it then you may be in time to add something.  Either way it needs a detailed conversation to ensure they understand the exact circumstances in which you will lift the endorsement - or I think it makes it null and void (I'm sure I read that on here somewhere).  'Good representation of the breed' covers a lot of ground after all :)
- By suejaw Date 31.07.10 05:48 UTC
Doh just read that its a bitch they are buying from you and currently have a boy..

I do think that Brainless has the answer in joint ownership on paper.. But one would hope that they wouldn't go on and produce unregistered puppies? If you think they might then i'd reconsider any sale to them at all.
- By perrodeagua [gb] Date 31.07.10 09:11 UTC
Don't think I'd be selling to them if I felt it highly that they would use their dog when pup was old enough.
- By dogsbody100 Date 31.07.10 09:33 UTC

> "..........and you would then lift the endorsement, and then re-instate it later, but you would both have to re-instate it, and or remove it in future."


Ideal thought but the KC require that the person putting on an endorsement at any stage be the outright owner who has physical control of the dog at that time. So when putting the endorsement on for the second time it would have to be proved to the KC that the dog was owned outright and in the personal possession of the breeder. However the KC do not state how this is to be proved.

>"I think the Kennel Club should look at the possibility of endorsements being lifted temporarily for a given litter"


The obvious solution but they will not consider it. I wonder why?
- By perrodeagua [gb] Date 31.07.10 12:43 UTC
The obvious solution but they will not consider it. I wonder why?

I suppose because there are some breeders who only want their dogs being used and no-one elses with certain lines, which may not always be the correct way to go.

Sadly I think there are as many reasons why restrictions are good for a breed as there are why they aren't so good.

I do put restrictions on my dogs that they have to pass all health tests to a satisfactory rate.  I tell new owners that I would like to advise on what dogs would be good etc. to be used with that line b ut would never insist that they can use my dogs only.
- By itsadogslife [gb] Date 01.08.10 11:18 UTC
I'm sorry, but if it were one of my puppies being sold, and hadn't yet gone, I'd be doing a U-turn and not be selling said puppy to these people at all. I'd need to be 100% happy with the situation with new owners before I'd let a puppy of mine into their hands. JMHO.
Topic Dog Boards / Breeding / Restrictions

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