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Topic Dog Boards / Breeding / Contract/Endorsements question
- By dancer Date 18.08.14 15:40 UTC
Hypothetical Scenario:

Breeder states on the contract that the restriction will be lifted if certain health tests are completed and satisfactory, both parties sign etc.

Health tests are then completed, below breed average etc.

Breeder refuses to lift restriction.

Will the KC step in and lift anyway if asked by owner or is it something that needs to be sorted out legally?

Does anyone know anyone where something like this has happened? What was the outcome?
- By Brainless [gb] Date 18.08.14 15:42 UTC
It's between the parties, as to whether they are lifted as long as their placing was known and acknowledged in writing.
- By suejaw Date 18.08.14 15:42 UTC
Depends if anything else is stipulated on the contract, mine covers I have to deem
It in my opinion a good enough specimen aside from health tests.
- By Dawn-R Date 18.08.14 16:30 UTC
I would think that the word "satisfactory" is the sticking point. However I believe that the vast majority would accept results that were below the breed average as being satisfactory. The breeder is being obstructive if they don't. Aside from that one word, it would seem to me that the breeder is breaking the contract by not sticking to it.

Dawn R.
- By Ells-Bells [gb] Date 18.08.14 16:38 UTC
As others have said, it depends on what the contract says.  I also say that I would need to see the dog and deem it a good example of the breed with excellent temperament etc. 

In your case, does the breeder give a reason why they will not lift restrictions?
- By Brainless [gb] Date 18.08.14 16:58 UTC Edited 18.08.14 17:04 UTC
I have had a very awkward situation with an owner who did the health tests, but then due to circumstances wanted to breed from the bitch when she was nearly 5, but was of no fixed abode, living in a caravan hoping to buy, but not in a home by the time bitch was in season and the stud owner refused the mating (she had also broken her shoulder).

We didn't hear anything again, until recently, she still has not moved into accommodation suitable for rearing a litter, the bitch is maiden at 5 1/2 (our bred club advises not to mate maiden bitches past five). 

No stud owner would countenance a mating in the circumstances and she has now at over 5 1/2 years old, 'accidentally' allowed her bitch to be mated by a Border Collie! 

She refused to have the potential pregnancy terminated.

As far as I am concerned those endorsements will now stay.

This is quite a nice bitch, great temperament, has been shown with reasonably good results, and I would had circumstances been different been happy for her to be bred from.

In light of this I have altered my contract wording to add breeding within breed club code of ethics and long term responsibility for puppies.
- By JeanSW Date 19.08.14 00:08 UTC

>No stud owner would countenance a mating in the circumstances and she has now at over 5 1/2 years old, 'accidentally' allowed her bitch to be mated by a Border Collie


Totally irresponsible.  Sorry, but allowing this to happen smacks of just being awkward because the owner is being bloody minded.  I would be so cross if I was this bitches breeder.
- By Brainless [gb] Date 19.08.14 14:11 UTC
Cross doesn't cover how I feel. 

When she told me she won't be having the injection I told her I did not wish to speak to her anymore.

To risk endangering her bitch for a planned quality litter I was not happy with, let alone to produce a litter of crossbreeds whose mental traits could be a nightmare.  Independent hunting breed and collie.  Almost designed to be a sheep worrier.

At least they won't have prcd-PRA as she is hereditary clear.
Topic Dog Boards / Breeding / Contract/Endorsements question

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