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Post by camo on Apr 6, 2011 17:24:31 GMT -6
Cynthia I would like to get the name of your attorney on the breeding rights if at all possible . I have a guy with a attorney challenging my contract on a dog I sold him . My contract is same as yours in that area . My attorney will fight it but wants a retainer of $ 3000.00 but said its a waste of time in state of Texas even if you try breech of contract . He said he would be happy to take my money though but would gaurantee we would lose ! So if you have one than will guarantee he can win it I would like to get his name ! Thanks
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Post by cajunhuntin on Apr 7, 2011 21:06:47 GMT -6
I was wondering what is the guy doing exactly that is against your contracT?
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Post by camo on Apr 7, 2011 22:18:14 GMT -6
He is wanting to breed to a male that I do not feel is a good fit for the female I sold him . At this point I have told him to just go ahead because there is no way I can really stop him . I have now removed that part of my contract per my attorneys advise it is a losing battle every time. If you read your contract I think you will see that you agreed to the same thing depending on who your breeder was its pretty common. Most people do not even know they agreed to it . Most breeders use a contract that says they retain breeding right on the pup they sell you. That means they must agree to the breeding or you are in breach of the contract . Most breeders set up with there registry so that you can not register any of the pups produced by a litter that was not approved. In my case it was same thing the only re coarse I have is that they will not be able to register the pups . Any legal action is a waste of time and a whole lot of money .
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Scott
Ready to Hunt
Posts: 182
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Post by Scott on Apr 8, 2011 7:46:16 GMT -6
If it were me sitting on the bench you would lose. Not that I disagree with the idea. It's that the buyer bought a product from you, and once you take his money it's his to do with as he sees fit. Thats kind of like selling a car and telling someone they can't drive it where they want. IMO A moral agreement is all you have and unfortunately not everyone has them.
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Post by camo on Apr 8, 2011 9:34:23 GMT -6
Scott I agree and that is why it will not be in my contracts any more . Now in the future if I sell a dog and I do not want it to be breed it will be spay , neutered contract and no paper work will be issued with that dog until I receive the proof it is has been done . I am not really all that upset about it . It is just a learning lesson thats all . If the guy wants to produce pups that are not the best they can be thats his choice not mine . That is the problem with pet breeders for profit they do not care if the dog works or if it meets conformation .They guy got me from the get go and lied on everything from the puppy application on. I will in the future require lots of proof as to just how much they hunt and work there dogs there word and what they wright on paper will not be proof enough !!
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Post by bluedog on Apr 8, 2011 21:40:05 GMT -6
Interesting topic.......I have to agree with your attorney on this. I think in Texas once you've bought an animal from someone its yours to really do as you please. I have seen contracts on show animals for the past 40 years and there very difficult to enforce. The real problem is theres not an insurance company backing the individual who your going after hence the attorney will not do it on a contingency basis. If it were a large business there would be and the attorney would probably do it for that knowing that there would be a possibility for settling the case. I do know that in the counties surrounding where I live that if a suit is filed and by the time you finally get to a jury or bench trial you will more than likely be in it for 20,000. plus whatever that week runs and even if you prevail you would still have to collect.
Personally, I dont think going to court over animals is really a good idea, this I am speaking from experience. You may win but more than likely it will be a moral victory and your attorney fees will be your own. Just sayin......
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Post by Clifford on Apr 9, 2011 4:41:27 GMT -6
So many of these ideas, that have been put into play in order to control what happens to Lacy dogs, amount to a lot of words that really mean nothing. Like a house of cards, it wouldn't take much and the whole thing would come tumbling down.
If you want to give someone a pup, and make a deal to use it later to breed, I could see that. But, trying to absolutely control what someone else does with their dog is folly, in my opinion...
As has been stated earlier, some folks will tell you anything to get a pup, and unfortunately there is very little you can do about that.
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Post by bluedog on Apr 9, 2011 9:42:52 GMT -6
Maybe something to consider when selling a pup, is to not only have the prospective buyer to come to your home but for the breeder to go to their home. I dont know if by doing that it would change your mind about selling the dog but you would at least know the environment in which the pup is headed. I realize that this probably is cost prohibitive but it would give you a better gut feeling about the buyer and maybe some understanding about whether a contract would even be worth the effort. Thinking out loud.....
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Post by podunkheaven on Apr 10, 2011 9:50:47 GMT -6
Hey John I just email you the information on the Attorney.
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Post by camo on Apr 10, 2011 19:11:23 GMT -6
Thanks Cynthia but at this point I have just decided to let him do what he wants . I am having that removed from my contract it just isn't worth the trouble . I have decided that from here on out I will be keeping all dogs from my litters and training them up to the age of 6 months . Some for blood trailing some as hog dogs. I plan to keep the 4 best from each litter 2 for my kennels and the 2 in a co- ownership homes . At 6 months the rest that do not make top notch dogs in there field will be spayed or neutered be for they are placed in homes for the cost of the spay or neuter only . That way I do not have to deal with this again .
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Scott
Ready to Hunt
Posts: 182
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Post by Scott on Apr 11, 2011 21:54:54 GMT -6
Good plan John. I commend you. Your culls will be well sought after some day.
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Post by camo on Apr 12, 2011 21:41:06 GMT -6
Scott one could only hope, quality not quantity !
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paul
Puppy not yet Weaned
Posts: 7
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Post by paul on Apr 14, 2011 9:47:53 GMT -6
Six months is a long time to keep pups around. Do you worry about socialization and getting them exposed to different enviromental distractions?
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Post by camo on Apr 14, 2011 14:24:53 GMT -6
No not at all Paul . I dedicate all my free time to my dogs.All we do on the weekend is work our dogs and train them .My dogs hit the pen at least 3 weekends a month and some times 4 weekends . During the week they spend a lot of time at my work and I have 15 employees that are always handling my dogs . When we work them on the weekends there are 10 to 15 different people around and usually 20 to 30 other dogs .Then throw in all the baying competitions we got to at least 1 every other months some months back to back . There are lots of people lots of dogs at these events .They also go every where I go. I have no children so I have lots of time I spend with my dogs . During the week in the evening friends kids play with them my dogs are very well socialized in every area . To Give you a Idea how much I work my dogs Patch and Sammy were in the bay pen and bayed on over 250 hogs each in the last year . I am very dedicated to what I am trying to do with my dogs and my kennels ask my wife I rarely see her LOL!!
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