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Topic Dog Boards / Breeding / Can I recover my stud fee
- By ydk [gb] Date 19.05.12 20:02 UTC
Hi, I am a private owner of a stud dog (KC registered, 5 generation brilliant pedigree) and breed him occasionally. I have not done any health checks but I made this clear at the time of mating. Normally I invite the dog to my home and sign a written contract with the owner of the bitch and I also have printed terms and conditions. Today I got a call from a breeder who said that her bitch would not stand in any other place and she has a very small window of conceiving and whether I could bring the dog as she needs to go to work soon. I took the dog,  had a chat, showed her the printed terms and conditions but did not sign a contract upfront. In about three hours one mating happened. Within that time the breeder was getting very negative and I sensed some aggressiveness. I demanded my stud fee and that she can bring her bitch for the whole of next day and if unsuccessful I would offer another ago. The woman refused to pay the whole fee and said she would only pay half. I said to give a post dated cheque for the other half and she said she has not got a cheque book. I asked to put that in writing and she said to come in to the house, and inside the house she became extremely aggressive and pushed me out of the house without any payment and locked the door. She wrote down in a piece of paper that she agreed for two matings (which is not true, and I was happy to offer the next day for more chances but she could not bring her dog ) and would pay only if the bitch gets pregnant and when she sees the health checks. She saw my terms of conditions before hand but I did not get her to sign it. I called the police and reported her agressiveness to me and they advised to file a case as they cannot help in money matters. Please advise whether I have a case. She responded to an advert of the stud? If she uses my stud dog isn't she binded to pay the fee? Do I have a case?   
- By flomo [gb] Date 19.05.12 20:22 UTC
Sorry but there are a number of points here .....why are you putting your dog at stud ? Do you show or work him ? why dont you health test?  You say the owner of the bitch was a breeder or do you mean an owner of a bitch who she wants to have a litter ? Was the bitch health tested?  
   I dont know whether you could withold your stud number somebody with more experience would tell you but I have to say from your post not many enquirys were made prior to mating and a contract should have been discussed sooner than the same day !!!!  I would not entertain any such mating unless I saw the bitch's health test results and met and spoke at length with her owner well well in advance so unfortunately and I apologise for seeming rude but I think at the very least you have been very naive .
- By ydk [gb] Date 19.05.12 20:53 UTC
Hi I am not offering my dog as stud for buisness. My dog is a pet, beautiful and lovely natured and I really do not want to spade him but give him a coupe of chances of having a litter. Him mum and dad are health checked and scored and he has a pedigree with many champ dogs. I only charge a nominal fee, he is 3 years old and his first litter with another KFC registered bitch produced seven pups probably be given/ sold among family and friends. They are not working or show dogs, but pets. This time I saw the bitches papers registration and health checks and showed my dogs papers, registration and his parents health checks. I also clearly told and showed the owner that he is not health checked but his parents are. I have been naive but angry at the way I have been treated and wants to know when someone employs a service like this whether they agree to any terms and conditions set by the owner. Maybe she does this all the time. I don't want to file a case against her and find out that she does not have to abide by anything if she hasn't signed anything before hand.
- By Jeangenie [gb] Date 19.05.12 20:55 UTC

>another KFC registered bitch


KFC? :confused:
- By ydk [gb] Date 19.05.12 20:59 UTC
Sorry KC, too much KFC
- By Stooge Date 19.05.12 21:28 UTC Edited 19.05.12 21:31 UTC

>My dog is a pet, beautiful and lovely natured


but still capable of carrying an hereditary condition.  Why would his puppy owners, even if they get them as a give away, be less deserving of a healthy pet.......

> They are not working or show dogs, but pets.


.......or a puppy from parents that have been shown to be typical of the breed and therefore what they expected and chose to match their requirements?

I don't think the bitch owner comes away with much credit for not researching all this beforehand either.
- By Chatsworth [gb] Date 19.05.12 21:42 UTC
I've only bred the one litter but went to the trouble of health tests and becoming a KC assured breeder because I thought the people buying my puppies deserved the best I could offer!

Shame on you for not doing health tests and making sure the bitch owner had too!

Sorry but I have no sympathy for you.
- By MsTemeraire Date 19.05.12 21:44 UTC
Why, if you already had a written contract, did you allow the mating to take place before it was signed?

Sorry but you can't demand the fee if there was no proof of any agreement there. And I agree with the others- if he isn't health tested himself, then why is he at stud when you could be held liable for hereditary TESTABLE conditions passed down to the pups?
- By dogs a babe Date 19.05.12 22:07 UTC
As far as I can see you don't have a case.

I think you've both been foolish to mate without health tests, and you've been extremely naive to fall for her 'story'.  It sounds as if she's taken advantage of your lack of preparation but in all honesty I think you deserved it.  You walked into a situation without knowing the facts or doing your research.  You may have to put this down to experience.

Truthfully I hope it gives you pause and encourages you to really think through what you are doing.  The best pet in the world doesn't deserve to, or need to, produce puppies to demonstrate their worth to you.  Love him as a pet but please stop using him at stud.  Without health tests you are at risk of damaging the breed you purport to care about.

Please read the information available to you about the health tests necessary for your breed.  I sincerely wish it were possible to prevent owners mating their untested dogs.
- By gwen [gb] Date 20.05.12 08:09 UTC
I wholeheartedly agree with the excellent info. you have been give here.  I can see no justification for offering a dog at stud who has not been health tested in a breed for which tests are available.  However leaving this side of things out of it, if you signed a KC litter form and handed it over I don't think you have much chance of getting your money, or proving it is owned.  If you did not, and the bitches owner wants to register the pups, then she needs the form form you so you have a lever.  You could try small claims court, but it would come down to your word against hers.

I don't understand why you have him advertised at stud and have gone to the trouble of preparing a contract if you are not attempting to make money out of your boy.I think what you mean is you want to justify not doing things the right way but want to rake in as much cash as possible from your pet without any of the responsibility which goes with matings and breeding.
- By Brainless [gb] Date 20.05.12 08:23 UTC
You would do well to read the following: http://www.thekennelclub.org.uk/breeding/index.html specifically http://www.thekennelclub.org.uk/item/473 and http://www.thekennelclub.org.uk/item/476 and various links from these articles.

As has been said the bitch owner will not be able to register the litter without you signing the litter application confirming the mating, though of course they could falsify your signature, but they would need to have the dogs registered name, registration number and your name and address too.

Small claims is your only option, but as has been said your word against theirs.

Responsible breeders do not breed or allow use of their stud dogs to 'make money' they do so in order to contribute to the breeds gene pool in a positive way, so they and others can continue to enjoy the breed hopefully exhibiting the best traits of the breed.

This is a huge responsibility not to be undertaken lightly, requiring knowledge and research, and where appropriate health testing to give the best chance of optimum outcome.

Also most responsible breeders do view their dogs as companions and pets, only puppy farmers and Casual breeders view them as anything else.
- By Brainless [gb] Date 20.05.12 08:36 UTC
This is the kennel club guide for potential stud dog owners: http://www.thekennelclub.org.uk/item/1016
- By ridgielover Date 20.05.12 09:40 UTC
Quote ydk: "She wrote down in a piece of paper that she agreed for two matings (which is not true, and I was happy to offer the next day for more chances but she could not bring her dog ) and would pay only if the bitch gets pregnant and when she sees the health checks. She saw my terms of conditions before hand but I did not get her to sign it."

Well, she hasn't signed your contract but she has signed to say that she will pay you a stud fee if her bitch is pregnant and she sees the health checks. Why not just do the responsible thing and do the required health checks for your breed. Simple! Then you will get your fee if the bitch is in whelp and you are being ethical. Win all round.
- By Lexy [gb] Date 20.05.12 11:50 UTC
I am just also adding that you, as the owner of the stud, are also responsible for ANY pups your dog is the sire of. Would you be prepared to help home pups of ANY age, should you need to? I know that this is slightly off topic but another thing that most responsible stud owners agree to.

I show my dogs but FIRSTLY they are my pets, as others have said if I were you I would put this down to experience and not use you dog again to just enjoy him, unless you do the tests required for your breed.
- By flomo [gb] Date 20.05.12 12:10 UTC
the thing that worries me is apart from the health testing the bitches owner has obviously no concern for the health of the breed to use a stud which is obviously a pet  and IMO show dogs should be pets first and foremost too....now i know there are fabulous specimens of dogs that are purely pets but to wait till the last minute to contact the said stud dog owner .My apologies if im wrong but so much sounds like a BYB and while people like the original poster offer their dog at stud to all and sundry this practice will always go on .And again the old chestnut "he has a good pedigree " such as quoted all the time on sites advertising litters .               
        I waited for my boy to be born Ch dam and Ch sire well planned mating  I wanted him to show but he isnt of show quality but has the most fantastic temperament and is my much loved pet ... but even with his pedigree I would never use him at stud ..... Sorry ydk  but even doing health tests on your dog I would worry about finding good forever homes for these puppies and how will friends and family purchase these puppies when obviously there is conflict between you and the bitches owner ....I hope she misses sorry but you sound like with " contracts " and so forth you are trying to make a few bob out of your dog ...When owners of pet bitches do the same they are slated so "good for the goose good for the gander " I'm afraid .Once again I apologise if Ive offended anyone anyway rant over
- By theemx [gb] Date 20.05.12 16:26 UTC
In addition to the above - it doesn't matter whether YOU think you are running a business, the inland revenue will decide that and you need to declare ALL your earnings, not just the ones  you think count.

So yes, you are using your dog to make money, you haven't done the  basics required to be even vaguely responsible because you didn't fancy the financial outlay for health testing so it would be safe to say you neither know, nor CARE if your dog is producing pups with health problems...

I do agree the other woman sounds nuts, but then, no more nuts nor irresponsible than you.

From here on in you have a choice - you can hope fervently that this womans bitch misses and no pups are produced, get your dog neutered and quit adding to the worlds irresponsibly bred dog population, OR if you want to continue breeding you can get your dog tested, show him and/or work him and make sure he HAS something to add to the gene pool worth having.

I guess the third option is to decide we are all mean and evil and leave in a huff and carry on as you are...
- By marisa [gb] Date 20.05.12 21:41 UTC
Excellent post Theemx
Topic Dog Boards / Breeding / Can I recover my stud fee

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