Not sure you are right Sierra............if the breeder gave them their money back then fair enough, but if she just took back the pup & no money was returned, despite implied terms, then I think it could be a bit sticky........regardless of whats best for the poor dog.

I don't believe that the amount of money exchanging hands would have much bearing on it. Though, since this is the UK and the laws differ in many ways from consumer law in the US, you may have a point. In any event, the breeder has a good many factors on her side if it came to a court decision. The dog was returned to the breeder, the breeder has provided monetary support of the dog for a number of years, etc. This is one reason why I advocate clear-cut terms of contractual agreement when selling a puppy.

I have faith in the judicial systems. But then I would not relinquish the puppy and would let a trial by jury settle the issue if it came to that. I tend to be a bit hardheaded about what is in the best interests of the dog.

My advice would be to not give the dog back to the people. If it came down to a judicial judgement, I feel that the chances of the decision being in favor of the breeder are far greater.

If you were talking a few months down the road rather than years I would say consider it, however 4 years is an eternity to a dog - No Way!

Wendy

As they say, possession is nine-tenths of the law!!!

Hi
If the dog is in the name of the breeder who has pocession of the dog then I would have thought the people who returned it wouldn't have a leg to stand on. After all they returned it because they didnt want it what proof do they have that the ever owned the dog.

We had a problem like this a few years ago which ended up in the county court over ownership.
The courts will go with whoever actualy has the dog in their possesion, as long as it was not stolen and was given back freely the Kennel club registration as far as the courts are concerned works like a car registration (the registered owner may not be the legal owner) So in this case the breeder sold the pup and was given it back therefore they now own the puppy and as it was over 4 years ago. the original purchaser would not have a claim.
Hope this goes someway to making you feel better
Karin

I would advise anyone taking a dog back to get something in writing at the time,I find people often bring a dog to rescue then want he/she back some weeks later we always get a relinquishing form signed this form originally was drawn up by a lawyer and its a legal document.so Even if you gave the person anominal fee for the dog back or for free get them to sign something and get it witnessed and dated.
I would imagine that these people were perfectly safe as they have had the dog so long

I would suggest that if the people are insistent that she calculates 4 years worth of boarding charges!! At even £5 a day that would come to over £7000, less what they paid for the dog of course. I am sure if that was pointed out, they would soon decide it was better to get a new pet now that circumstances have altered!!

A friend in my breed had a similar conundrum, but in this case the people wanted the dog back from the begginning once their problems were sorted. He had been shown as a puppy and won a CC, so the breeder agreed to keep him for a while until they could have him back. He gained another CC, but the time stretched on with just visits bearing gifts (the breeder kept the dog out of her own pocket). This went on for two years, by which time he was a veteran. The breeder finally gave the people an ultimatum, as she didn't want him to spend another winter as a kennel dog (which he had to be due to her owning other males). He has now been happily homed as a spoilt only dog with experienced breed folk who wanted an older dog.

Sometimes people only think of how they feel, and not what is best for the dog! this one had always been a pet, and had to be a kennel dog for two years because of selfish owners, whereas the breeder could have rehomed him almost straight away.