If no contract was signed at time of breeding, only an email to say if dog was impregnated a puppy would be handed over am I legally bound to handing that puppy over even if the male dogs owner was not honest in his description. EG if the owner had told me the dog was flea free, not agressive and housebroken and that turned out to be untrue ??

If, as I hope, your dogs are KC-registered, then you need the signature of the registered owner of the dog to say that the mating has taken place.  Without this you will be unable to register the puppies.    As you would not have puppies without the input (sorry ) of the dog, then it is only honest to adhere to the contract, regardless of the condition of the dog.   Two wrongs do not make a right!

If you feel that the dog was aggressive, should you have mated him with your bitch?  You could well have bred aggressive puppies!

the dog wasnt aggresive when it arrived but the following day it snarled at my daughter, I was told the dog was fine, no my dog is not AKC reg as my breed of dog isnt classed as part of the kennel club although they are a breed, im sure you can guess from that what breed I have

If you have had the services of the dog and have a resulting litter, then I would say that you are morally bound to stick to the terms of your agreement, and probably legally.  Surely you checked out the dog before using him at stud?

Yes but I wasnt to know the dog wasnt housetrained, my 5 year old daughter sat in a pile of dog poo that it had done on my sofa, this man KNEW I had 3 very young children. How would you feel ?

Um, just a point unhoustrained is not a fault of the dog, but the owner.
And Why did you have the stud dog at your house without its owner around young children??
Just a thought that if he was not used to kids then he might have been frightened of them.
Lea.

>the dog wasnt aggresive when it arrived but the following day it snarled at my daughter

There are many reasons why a non-aggressive dog in an alien environment would snarl at someone.

>I wasnt to know the dog wasnt housetrained

That's not the fault of the dog - it's the fault of its carer.

Am I going off my head here what has a dog being house trained or aggressive got to do with siring a litter of pups..

Can someone fill me in..

>Am I going off my head here

Same thought here(about ME, silly :D )

Nope, I cant see the connection much either - all sounds very strange indeed  

Typical scenario would be carefully choose a stud dog, research it's lines, health, temperament, compatability (etc, etc, etc) BUT then :rolleyes: find a few fleas and whoops - all that careful research went out the window :rolleyes:  Or did it - he still produced a litter .......

Methinks the OP has to seriously look at why this mating went ahead with a dog that (PRIOR to using) crushed her high expectations???  Then of course look at why such trivial reasons for lingering doubts might give just cause to break a contract whether verbal, emailed or typed out signed and witnessed in quadruplicate???  :rolleyes:

ME thinks it is a mighty similar situation so many one off !! pet litter breeders find themselves it.

They say yes to the puppy back at the time as they never seem to want to fork out a stud fee for some reason as it seems so much money for no guarantee, we all just accept it. After all the hard work begins the breeder realises the stud fee was the best option and negligible in the bigger picture but then can't go back on the agreement.

Seen and heard it so many times on the net.

Sorry if I am wrong and this isn't the case but it is the strangest reason I have ever heard as to why someone would want to back out of an agreement .  :-))  " I have decided not to pay you the stud fee ( as technically that is what it really is) because your dog had fleas"..hmm.

I'd take the fleas everytime if the pups were crackers and free from any possible health problems down the line. :-)

"I'd take the fleas everytime if the pups were crackers and free from any possible health problems down the line. "

If you didn't want a flea Circus a few squirts of frontline would soon sort the problem.

Surely Poodles are recognised by the American Kennel Club?  There is no other breed with a name similar to your user name.

AKC registered?   Are you not in the UK?   I thought from your posts that you were!

who said anything about poodles ????

my username is a name my mum used to call me when I was a little girl, nothing to do with the breed of my dog

SOrry I meant KC not AKC, I was meant to put a KC

Quite frankly, I think you are trying to wriggle out of your contractual responsibilities!

You have had 63 days in which to bring up with the owner the fact that the stud dog was flea-ridden, unhousetrained and aggressive.   To try and use the fact now that you have "only got an email stating" is just hogwash.

An agreement is an agreement.  You have live puppies - you either hand over one of these puppies to the owner of the flea-bag or you hand over the price of a puppy.   It comes out of your profit.   It's called whelping expenses - and as the owner of the bitch, you take all responsibility for these.

think what you like I am not trying to "wiggle" out of anything. I was asking a question and I got my answer

I'm afraid that lack of research on your part, i.e. not fully knowing the dog's temperament, would not be my idea of a reason to break even a verbal contract.  The fact that the dog is not housetrained would in no way result in a difference to any resulting puppies so that wouldn't come into play anyway.  You obviously agreed to have the dog at your house for a period of time.  Some dogs who are housetrained will act differently in other peoples' houses which may result in a toileting accident indoors, especially an entire dog with an in season bitch.

Debs

I would say it was not a very professional way to present a dog at Stud...............I was under the impression that it was more normal for the bitch to visit the dog, not the other way around   and if you were not pleased with the condition/manners of the dog, why did you go ahead and use him anyway? I'd assume as you gave a written statement to the effects of a pup instead of a fee(albeit by email) that you should honour it

I have had the owners of dogs kindly visit me to help me out as I so not dirve,a dn after a reawsonable time in the breed and expereince breeding have been entrusted with a stud dog,a dn also had my own joiintly owned dog and a doig I bred work from my home.

A dog with it's mind on an in season bitch may be rather aroused,a dn also may want to mark terrritory to feel more cock of the roost, so a bit of macho showing off (ne4ver seen it with the males I ahd chosen, but I got to know them well before choosing them for my bitches) and lack of housetraining

Ah but you are very experienced Barbara and totally professional with it too ;)

right and what are you trying to say

Sorry for the typos folks got interrupted before I edited them out.

If it says in writing - and an email counts - that a puppy will be handed over, then that agreement must be honoured.

Yes, I quite agree, your agreement was for a stud dog to mate with your bitch and for you to hand over a pup as payment, so you must do that.

Poo, fleas and a growl are absolutely nothing to do with the mating, a fall out of both parties is also nothing to do with the mating. You must honour your agreement, even if it had been just a verbal agreement, the dog was sent to you in good faith and the studs part was fullfilled.

If the contract is written down this is legally binding and you must fulfil your contractual rights to the stud dog owner. If you had any reason to doubt the dog as a stud you should not have used him, you have had 9 weeks gestation to iron out any problems with the stud dog owner and quite frankly the reasons you give to not wanting to fulfil that contract are very poor imo. Far easier in future to pay a fee upfront then the resulting pups are yours and yours alone.

If the contract is written down this is legally binding and you must fulfil your contractual rights to the stud dog owner.

If it was verbally agreed at the time whether written down or not it is a legally bonafide contract.  They don't have to be written down.

True Blue also but I was reffering to the op stating that it was done by e-mail. Still feel this has been carried out in a very poor fashion, dog to bitch owner, not recognised KC breed etc !! Shutting stable door after horse has bolted comes to mind in this instance

Am I right in saying the stud dog was delivered to you for use?   This is another new one to me.

It's a new one on me too Blue.  May be slightly naive, but 7 odd years in my breed.....and I've not heard of it. 

you need to go by what was set out.  You agreed to give the stud dog owner a pup, and now you dont want to.  I know that when dogs have come here, there house manners are completely different from what they are at their own home. 
Although I do agree that bringing the dog with fleas was wrong, but you still used the stud so you are bound by it.
If you had any doubts about temperment, health, etc, then why did you use him?  No one would use an aggressive dog as a stud to their bitch.  No one would use a dog in poor health.  By me saying poor health, the dog had fleas, which can cause the dog some health problems, other than itching.
I have never heard of a stud coming to the bitches house for mating.  Always thought it would cause some sort of performance anxiety.  But to each his own.