Hi,

I am not sure if Champdogs will be able to help me with my situation.  We have recently found that a puppy we bred has been resold at just 15 weeks ignoring the condition of sale agreement that states she should have been returned to the breeder.  She was sold to a family in middlesbrough, they have become hostile to my requests for contact details of the new owners.  Has anyone had experience of this type of situation, any advice and help will be gratefully received.
Thanks
Paul Andre

If they have signed a contract, couldnt you take them to court over this?

I was thinking the same thing. If they did sign a contract, then they are in breach of its conditions. So maybe it would be worth your while giving Trading Standards a ring, they will give you some advice on what is best to do, and might even help you out themselves. Worth a try!! ;-)

Yeah, good luck, cant say id be too impressed if it were me!

You have sold an item - the item then belongs to the new owners to dispose of as they see fit.  If you were to take legal advice, they will tell you this too.  I'm afraid these 'contracts' can't be binding.......  This is why rescues will only accept donations towards the cost of vaccinations and care, and not for the dog, as then it remains the property of the rescue........

Would it make a difference if there were "conditions of sale" in the contract? And if any of these were broken, could they not have a case then?? I have no experience in these sort of things, but i dont think i would be very happy if they did it to me. :-(

One makes ones contract to look like "conditions of sale" ;) but in reality it does not apply in law.  In the end it all boils down to picking new owners with as much care as you possibly can.  I have found entering into a discussion about the contract will often reveal their attitude to it, for instance I would expect them to show some signs of approval for the support they are being offered by it.  If that is not forthcoming I would give those prospective owners a black mark which would probably only be redeemed by something like them being very experienced owners with more than one dog living to old age in their home.  By working this way I have only ever had one puppy returned to me, I am sure the fact that they knew they would get some money back played a part too.

I see. :-) Oh well... i guess there isnt a lot the OP can do if they wont give any contact details for the new owners. I wonder why they sold the puppy on anyway?? Hopefully it was NOT to make some money!!! :-( But if the pup is happy in its new home, then all is well ;-)

Hopefully it wasn't to make money but I do feel if a contract does not offer back at least the bulk of any money received from the new home there will always be the temptation, if things don't work out, for someone to seek to recover what will have been hundreds of pounds themselves.  Contracts that offer nothing are never going to be very attractive, in my opinion, at least while it is still such a youngster and fairly easy to find someone willing to pay a largish amount.

Unfortunately Digger is correct, although a contract is an excellent way of spelling out what is expected of both parties in reality it has no meaning in law.  I think the best tack you can take now is to assure the first purchasers that you only wish contact with the new owners in order to offer them the same options of support and willingness to take the puppy back if this homing fails. 
Did your contract offer any money back on return of a puppy? Mine states that I will pass on all monies received from a new home minus reasonable expenses which I feel provides an additional encouragement to those people who might to tempted to find their own second home because of monitary considerations, this might be something to consider in the future.

Good advise Isabel, at least if they make contact with the new owners then they will be able to offer the same help and guidance if they might need any. i am sure the breeder just wants the best for their pup, and a check on who/where it is will be a great comfort. :-)

Hi Paul,
So sorry that you have lost the location of one of your lovely pups. At 15 weeks it seems a crazy situation and why wouldn't a new owner not want to speak to their puppys breeder? It took me weeks to find my girls breeder, for all the good it did us(not).  Hope you find her soon and that she is happy and well in her new home.
Good luck,
Viv(Uttox)

Hi, I have just joined (so forgive me for sticking my neck out straight away) and I'm a little bemused as to why everyone seems to think the contract is not binding. I'm a solicitor and although I'm not currently practicing, I teach litigation to those who are training to be solicitors. So, here's my penny's worth.

Providing the contract is properly drawn up and entered into, it is binding. In fact, a verbal contract can be binding, although more difficult to prove, so you are in a better position than most by having a written contract. If they signed the contract and that contract included a term that they must offer the puppy back to you rather than sell it on, they are bound by it. If they are in breach of this term of the contract, the law says that they must put you back in the position you would have been in had the contract been properly performed. That would mean that they should give the puppy back to you. However, this may not be possible as others may have bought the puppy from them in good faith. So the law will require them to pay damages to you to compensate you for your loss. That would seem to me to be the value of the puppy less anything you would have refunded to them under the terms of your contract.

Having said all that, you may consider it not worth the effort to commence legal proceedings against them. It would not be worth instructing solicitors because you would not be able to recover all their fees from the other side. You could do it yourself as the County Court forms are fairly straight forward. If you do want to do something, I suggest you contact the CAB.

Good luck,
Cleo

Unfortunately many solicitor-advised contracts have been overturned. :(

But there is no financial loss to the breeder if, like my contract, all monies received for the puppy, other that expenses, are promised to the first owners so what could I as the breeder sue for?  What you are saying is contrary to everything I have ever read about puppy contracts can you give any examples where such a contract, either for a dog or anything else, was upheld?

Hi Isabel,
No, you won't have any losses in your circumstances...and I guess it makes sense to deal with it in your way otherwise people are more tempted to pass the pup on elsewhere. I see what you mean - totally stuffed!

Sorry, I was talking general legal principles on contracts - I have never actally seen a puppy contract.  I'll go away and eat humble pie!

Regards
Cleo

Its just an emotional loss that us breeders suffer when something like this happens, sadly the law doesn't seem to be able to recognise that, it just doesn't happen with the likes of a washing machine or even a car (well maybe it does to some people) :)

Welcome to Champdogs, Cleo - good to have you on board!

What dawgs own you :D ?

Margot

Deputy Dawg ? :D Sorry haven't seen that word for a while :D

It is an interesting point on these puppy contracts :) I wonder how it works in the US considering the 'sueing culture' ? :)

Lucy
xx

I would pay an unannounced visit to the original owners, to catch them off guard and face to face, and just explain that I wanted to be sure the pup was OK and offer breeder support to the new owners. Sometimes if you're face to face, its less easy to be evasive. Not to say you couldn't get a load of abuse though. Still I would do it (with someone else along for support) in an attemt to track the pup
Kat