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Some time ago i asked what happens when a breeder died regarding the placed endorsements, as i had been told via a fone call to the Kc that to remove them after the breeder had died would have to be put in a will. This bought up many points of view, so I did write to the kc and have now received their reply. They state at present there are no provisions for what would occur should a breeder die before an endorsement is lifted. As placing and removing endorsments is a personal opinion and matter for the breeder, they would be reluctant to stand in the place of the breeder and remove such endorsements. They go on to state (and I quote)
Kennel Club Regulations provide that endorsements may only be lifted by the person placing them. You have raised an issue that we will consider further but for the time being, and for your purposes, endorsements cover a lifetime placement and will remain should a breeder die before removing them.
They also kindly sent me a copy of Regulation B12-Endorsements (effective from 14/01/03) which I have no doubt you that breed and show etc are aware of, which says about endorsements, their placement, removal etc.
There was no mention made to the provisions of a will :( which I did ask, but I would have thought that a solicitor could quite possibly word a will suitably, even if it did mean the new owners having to go to court to prove this and have the endorsement removed. I thought it was possible to have someone named in your will to take your place in law (so to speak, cant remember what its called now) so can't see why it should be different for endorsement removal.
Just thought I would update those that remember this thread with this! :)
By tohme
Date 17.05.06 12:21 UTC
I think that when purchasing a puppy with endorsements it should state if and when the endorsements will be lifted. Many breeders put endorsements on their puppies but are quite willing to lift them if and when the appropriate health checks have been carried out successfully and if they have had a shufti them to see if they are of breeding quality.
If that i put in the endorsement signed by the breeder and the purchaser then I would have thought there would be no problems if and when the appropriate criteria have been met.
The KC do, after all, lift endorsements sometimes even if the breeder is still extant.............
So would I, but in the case of death, and that alone, they state they won't. Also that any contract is between the breeder and the client, and they try not to intervene.
There is, however, in the reg B12-endorsements which states they reserve the right to impose, remove or maintain any endorsement.
Am I allowed to copy the copy of regulation B12 endorsements onto here? if so, when PC minded son comes home, I'll get him to copy and paste it, it makes interesting reading to those that may not have seen it. And, rather than me spouting off, you get it from the 'horses mouth' so to speak....or should that be the dogs mouth lol
Interestingly enough, I see that its the registered owner (not just the breeder) that can impose endorsements.
i was told an endorsement only holds up if you sign a contract saying you understand and agree to said endorsement. breeders who simply endorse all their puppies and sell them without pointing it out are apparently wasting their time!
When i asked KC about endorsements they 'advised' that i got something in writing at point of sale to show that purchasers were aware of endorsements. But i didn't need this to have them enforce.
Out of interest how do endorsements stand up leagally? could the purchaser have it overturned? are they leagally binding?
By Blue
Date 17.05.06 15:16 UTC
When i asked KC about endorsements they 'advised' that i got something in writing at point of sale to show that purchasers were aware of endorsements. But i didn't need this to have them enforce.
This is definately wrong and I think it depends on what person you speak to at the KC..training at times seems to be minimal.
You must have a contract signed to say that the buyer understands that the puppy is endorsed and that it has been explained to the buyer from the seller. It actually has a note on the litter registration forms now telling you this.
Without it the KC can lift the endorsement and a buyer can ask for it to be lifted if there is no proof. I know of 2 examples where it had been done in the last 12 months.
Right, thanks Blue.
i don't know,:rolleyes: the KC eh? :rolleyes:
I was going to do a contract anyway,but i will make doubly sure the endorsement is included.
The regs quite clearly point out the ins and outs of endorsements. They are very good at sending a copy if you request it. :)
You need to ensure that the contract that contains the endorsement is a seperate issue to any other part of the contract that states your wishes. It needs to stand alone and be totally understood by the client, and the client needs to give a writen acknowledgement that he/she understands the endorsements, and sign it. This is at or before the date of transfer, regardless of if the KC papers are with you. You need a copy too, if you were ever asked to prove that this was done. This is the only contract that the Kc will be interested in.

In my contract, where I point out that endorsements are in force, it also states that I can lift them subject to certain conditions being met, or, if i die, my executors can lift them.
Whether the KC would honour this, I don't know......

Jo and the Casblaidd Flatcoats
By Blue
Date 18.05.06 17:43 UTC

Then they would Jo.

To be honest, if I had put endorsements on a dog I would not want it to be possible for them to be lifted just because I died -it wouldn't make the dog's owner more responsible to not have me around. :) (It may even make them inclined to murder me!!

;) )I'd still want the conditions to apply as set out at the time of purchase.
By Blue
Date 18.05.06 20:02 UTC

and it would Goldmali if you so set out your intentions. Jo was saying if she had intention of them being lifted she would want that honoured.
To be honest I think sometimes " we" complicate things more than they need to be :-)

I endorse all my pups and expect to lift some if they are suitable quality to be bred from and pass their health tests.
By carole
Date 19.05.06 09:29 UTC
i had a pup i kept to run on he turn't out to not be what i was looking for he also had a questionable temperment so i sold him to a lady who was willing to put time and effort into training needed etc i was quite happy that she was able to do this she intended to get him castrted as soon as he settled in i did tell her he wasn't to be bred from she said she had no intention unfortunately i did not get this in writing she later applied to kennel club to have endorsment lifted because i had nothing in writing there was nothing i could do about it and they lifted the endorsement against my wishes so beware
It does quite clearly state that the endorsement has to be pointed out to the new owner, and put in writing, that they sign they understand and agree to it, and its important to keep a copy of this should it be disputed at a later date.
The KC state they had not given consideration to the death issue, and that at present they would not remove an endorsment on the death of the owner/breeder.
They state they do not get involved in contracts between breeder/owner/potential client, except for the endorsement issue.
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