Have a problem that i hope someone can help with.

Recently a dog of ours thats co-owned sired puppies.
This dog was given to the co-owner/breeder on absolute understanding that we were to get a pup from the breeding to add to our genepool as payment for the said dog. Contracts were signed by all parties and a copy sent to the KC.

Now as the pups are ready for rehoming... breeder says they may never lift the endorsements on the pups regardless of Health test/show results etc.
Or sent today, that they will lift the endorsements but want pick of her litter or cash equivilent!

This is not our original agreement so what can i do

Did your contract, which was sent to the Kennel Club, state that the pup from the breeding would be used to enhance your gene pool.  If so that would suggest that you both understood the pup would be bred at some point.  If this wasn't stated but rather that you would just get a puppy then that is what you will be getting with endorsements.

Regarding the lifting of endorsements and wanting the pick of the litter I would think that is a whole different contract.  I guess that if you could persuade the KC at a later date that this pup was intended for breeding then you may get the restrictions lifted.  The only thing to do for the moment is take your pup, make it a champion, have it health tested and then go back to your co-owner and suggest that the restrictions are lifted.  I would guess you have got at least two years before this happens and things can change a lot in that time.

Co-owner was aware that the pup was for show/breeding and acknowledges the fact in all correspondance.

I am happy to have a pup with endorsements.

What im not happy about, is their sudden aparent ability to change the original conditions and instead of giving me the pup due as payment for their dog,  offer me a pup on breeding terms!!

Who owns the bitch of the litter? If the co-owner of the stud dog, did you specify which litter they bred you would be entitled to a puppy from? if they don't own her, then I don't see that the owner of the bitch would have any agreement with you? Maybe worth a consultation with a solicitor, because if you did get this puppy to award status, and the 2 years needed before you could breed, you will have put an awful lot of time and money, never mind emotional attachment, into this puppy with aboslutly no chance (maybe) of being able to breed at a later date should the circumstances be right. I know solicitors are expensive, but it could save a lot of expense and heartache at a later date.
Personally, I hate it when people back out of something they were in total agreement with when they wanted something from you.

All sorted now,

some stern words seem to have done the trick

Thanks

Lucky you, I know people that haven't been able to sort things out like this, that's why I would never do anything like it.

Glad it all worked out co-ownership is tricky and emotionally draining.  Now go for that Championship!!!!!

What im not happy about, is their sudden aparent ability to change the original conditions and instead of giving me the pup due as payment for their dog,  offer me a pup on breeding terms!!

Is this not what you have done though.?

EDITED TO ADD I SEE IT IS SORTED NOW>

I thought when the Co owner ship form was done for the Kennel club all it did was recognise the Co-owner ship. they do not ( as far as I am away and I am 99.99% sure) they do not look at or get involved in " terms" of the ownership. 

The other thing that is not really explained is if the dog is co-owned why would they be given you a puppy in payment for him?? unless of course he is so fantastic that even co owning him makes it worth while.

I always like " full" details :-)

You're right Blue, they won't get involved in an actual contract but it would add to the argument that the pup was intended for breeding.  Contracts have to be signed by both parties and both signatures witnessed to make them anything like legal so somewhere along the line there are other people who could vouch for the reasoning behind a contract.

What it may do is swing the opinion of the KC at some time in the future when the original poster wants to breed the dog and the breeder does not want to lift endorsements.  Either way it is academic as the problem is solved.

When I have co-owned a dog it was on the understanding that I would take the pick of her litter and give my half of her ownership back to my co-owner so I don't own her anymore.  Everyone would have a different understanding.

Contracts have to be signed by both parties and both signatures witnessed to make them anything like legal

Contracts in the UK do not require witnessing except in exceptional circumstances. Such as Property transactions and some executry. As long as they are fair they are legal in most cases.

Interesting, my solicitor would not accept ours without witness signatures - nothing to do with property.  He told me it is always useful to have a signature witnessed or how else can you prove who signed the document.

To be honest unless you id'd the witnesses it wouldn't prove nothing.

When my house was transfered to my sole name when I was going through divorce, but was still married to my ex the person who witnessed his signature was the woman he later married, and she had the cheek to sign herself in his surname, and even put (Mrs) in brackets, and he wasn't divorced from me yet.

Law comes down to the balance of probability so it is probably likely the signature is who is supposed to have signed it, if it is questionable,  a cross reference to a signature is easy to do. 

If you get a bank loan do you get your signature witnessed??  If you send a cheque to someone?  take out a TV on HP? sell a puppy with a puppy contract??

You enter into contracts everyday over and over again without signatures never mind witnessed signatures throughout you life. 

What is " useful" and "legal" is two entirely different things..:-)

Dont think I am pulling your post to bits just I don't like to see legal advise incorrectly given out because people read it once and think it is right sometimes for the whole of their life. Sometimes to their detriment and you know the saying " ignorance of the law excuses no one"..

I'm sure you know best
My legal expertise ended about 8 years ago and things may have changed since then.  Perhaps I will change my solicitor as well.