Breeder Rights? Breeder Greed? - Page 6

Michael, you lost me. Your last paragraph repeated what I'd just said. Did you mean to address that to me?

 "in the described situation I could easily see a court denying any recovery for seller in any lawsuit to recover the dogs.  And the damage to the reputation of anyone seeking to yank dogs from a dead person would far outweigh any possible gain. "

I'm really glad to hear that because this really turns my stomach.

Jenni, just to clarify that I wasn't talking about letting  a stranger take possesion of the dog if it had to be rehomed, the rest is just how I feel about a dog that's being sold and the breeders responsibility as I see it if they want the dog back.

This thread is becoming quite interesting, given that initially it appeared that the OP's post gave a snapshot of something she was presently experiencing, with that post followed by a post from Molly outlining a *completely* different situation she was currently a party to--from each person's description of what was taking place, it sure sounded like there were two distinct custody disputes in progress which involved two distinct sets of players.  Molly describes the present caretakers of the dogs in her scenario as unfamiliar with GSDs in general and working line GSDs in particular, and states that the caretakers are anti-breeder, anti-Schutzhund in their viewpoint; Wanda, OTOH, has the deceased friend's dogs in her care, is active in Schutzhund herself, is familiar with the breed and working lines and these particular dogs specifically, and is continuing to work those dogs.  There's little common to each poster's stories save for a suddenly deceased dog owner and the fact that there are two dogs involved.

I certainly am not in a position to take sides, if this is actually one case being told from two vastly different points of view.  I will venture that I'm with Donald with regard to the expiration upon death of any contract between the breeder and the person who originally purchased the dogs, unless the deceased left a will directing the executor of the estate to perform in accordance with that contract.  So long as the dogs are in good, secure homes, I can see no reason for a breeder to seek custody of them, regardless of whether or not the caretakers have any plans for or intentions of continuing with any training activities--unless there's evidence of neglect, abuse, or improper care, or the animals are at risk of being placed in a shelter or rescue, I don't believe the breeder is entitled to anything beyond being informed as to who the dogs will be living with from that point forward.

If both the OP and eichenluft are referring to the same deceased owner and the same dogs, then there is a HUGE chasm between the facts as related by each in this forum.

hexe, these are the same dogs that each are referring too.

I read on another forum that Molly is not going to pursue this. I hope it's true. The dogs are loved and taken care of, end of story...I hope.

Eichenluft is one of the most knowledgable persons and breeders I know on this site and has my utmost respect, that said when I buy a puppy/dog it is mine and only mine, out of couresy I would keep the breeder posted on its development, I wouldn't agree to resell or give back to the breeder, its mine and I am the best one who knows where it should go if the need arises.
To the breeder: if you give your puppies for free you have the right to take it back when the owner no more wants it or there is a need to rehome it but when you SELL THEM you have no right to put such conditions, you can't have it both ways dear.

Ibrahim

Question to breeder: What if you sold a puppy abroad, do you still want it back to you if the owner needs to rehome it? How?

Ibrahim

"The breeder has never once inquired about the welfare of the dogs. 

On the evening of my friend's death, we received a call from the her, the breeder, who threatened to come get HER dogs.  No condolences whatsoever.  Meanspirited and cold to say the least.

I can assure you they are much better off living in the home they know and being cared for by someone who has known them all their lives than being confiscated and carted off by a 'stranger'.  The owner's wishes are clearly stated in the will and are being carried out under the guidance of an estate attorney.
Unfortunately this experience had left me bitter toward breeders,  but your comment is restoring some faith.........."

End quote


I hope your friends passing was made a bit easier knowing that her dogs would be taken care of and loved.   My condolences on the lost of your friend and mentor. 

Ibrahim, there are airplanes for that type of problem.


As I stated, this is why you buy dogs back instead of taking them back. If a buyer paid shipping, you pay shipping to get them back. It's only fair.

However, I will never understand how anyone with a heart can think that the sale of a dog is the same as the sale of any other type of personal property. I will do my damndest to keep my dogs out of such homes. My buyers have thus far appreciated my involvement. Just this morning I went over and trimmed Anza's nails. They didn't slam the door on me and tell me I had no right, lol. 

My point is that the involvement of the breeder should be in the animals' best interest- NO ONE ELSE'S!!! If these animals are happy and well-cared for where they are (where their owner left them to be cared for), I see no reason to take them from that place.