Contractual Obligation of Breeder - Returning a. Dog

RubyRedRidingHood

Hi Everyone

I know this is a bit of a sensitive issue, and my friend has done everything she can to avoid having to return the dog she purchased 2 and a half years ago, so please be kind.

My friend purchased a Newfie pup a few years ago after doing her research and feeling that the breed would fit her family well. She has been diligent with caring for the dog and has taken out all recommended insurance and tried her best to integrate the dog into their family of five. Unfortunately throughout the time she has had the dog, he has displayed aggression towards all members of the household and she has been in touch consistently with the breeder. Recently the aggression has stepped up a gear and at the current point in time, her family are also going through some trying times with her mum undergoing chemo and treatment due to heart problems caused by the chemo so as you can imagine stress is at an all time high. This has meant that the family have been unable to give the time to the dog they feel he deserves and with a heavy heart she has decided that he would be better finding a family home that can give him more time and work with him to overcome the aggression issues.

So now the reason for this post. My friend signed a contract with the breeder, that should she not ever be able to care for him that 'You will return the puppy to us to find a suitable permanent home' The contract then also goes on to say, 'you will not abandon, sell/give away, lease or otherwise pass this puppy on to any other person, rescue centre, party or organisation. The contract does state lifetime of the puppy.

Today, my friend called the breeder to explain their decision and the breeder has now refused to take the dog back stating that she has two dogs at the moment. The breeder has said that she needs a picture of the dog and she will decide on whom may purchase the dog. This concerns my friend as the breeder has not seen the dog and shouldn't be finding a home for a dog she in essence doesn't know any more and there is still the issue of my friend having to keep the dog until it is re-homed.

I've read the contract and to me this appears to be a breach on the breeder's behalf and my friend doesn't feel like she is any position to keep the dog any longer.

Can I have any advice on the legalities of the contract and if the breeder is in breach and what my friend can do to help resolve the issue

Many Thanks for taking the time to ready this post

Many Thanks
Nikkei

TBagpuss

Its a tricky one.
However, is the contract says that she must return the dog to the breeder if she is unable to eep it then she is obliged to return it, but I think that the breeder would struggle to convince a court that (unless the contract specifically allows it) this invludes requiring your friend to care for the dog after she has returned it.

I think the way forward would be either:

1. Write to the breeder, state "As you know from our phone conversation/email of [date] we are unable to care for [dog] so in accordance with [paragraph number] of the contract dated [date] we are returning him to you. We will deliver him to you on [date] from which date ownership of, and responsibility for [dog] returns to you. We will not be able to to keep the dog beyond [date].

2. As above, but add "if you refuse to take [dog] back on [date] we shall consider that we have fully complied with our obligations under [paragraph of contract] however we will, in those circumstances, not enforce the contract and require you to take [dog] but will instead accept your choice not to take the dog back and will make our own arrangements to rehouse him. Please confirm by return whether you wish us to return [dog] to you on [date] or to rehouse him. AS we are unable to continue to care for [dog] after [date], if we do not hear from you with confirmation that you can accept his return on [date] we shall have no alternative but t make alternative arrangements."

I think that this makes clear that friend has made reasonable efforts to comply with the contract and that it is the breeder who has refused to accept the dog.

She could, if she wished, offer to pay for the dog to be boarded locally to the breeder for a set period of time, to allow the breeder time to make arrangements for him or for the other dogs - I would guess that this would have to be on the basis that they would meet with the breeder and that the booking would be in breeder's name, with friend paying the first week (or whatever period they are able to offer) in cash in advance.

Does your frind have any ind of legal advice support on the house or pet insurance to allow her to get advice on the issue?

sheramber

She could get advice from Dog Law. There is a premium rate charge for the phone call

http://doglaw.co.uk/

RubyRedRidingHood

Thank you both for your responses. I have sent your replies to my friend. TBagpuss I hadn't thought of legal advice on the insurance so I will get her to check this out. I had suggested Citizens Advice as an option but I don't know how much that would help. Sheramber thank you for the link, it is much appreciated.

paddy's_mum

Absolute balderdash!

Is the breeder really prepared to spend perhaps thousands of pounds to pursue their so-called rights in a court of law?

The dog has become (for whatever reasons) aggressive and unreliable. Does the breeder, seriously, want to take responsibility for a nasty outcome?

A Newfoundland can sometimes weigh more than a normal adult and I for one would not want to be responsible for threat, damage or injury to an innocent bystander.

Too many times when a dog, cow or horse suddenly develops such out of character vicious behaviour, it is eventually discovered that there is a tumour involved.

I believe that no court in this land would consider these clauses to be reasonable, which is always the acid test. Good luck.

krlyr

Breeder contracts aren't really worth much legally. A contract cannot overwrite normal laws - and in essence, the sale of a dog is the same as the sale of a car, a pair of shoes, a handbag, etc. - ownership passes on to the owner on completion of the sale.

Breeders and rescues have a hard time enforcing the law the other way, i.e. owner refuses to return the dog, so I imagine if it went to court it would be difficult to force the breeder to take the dog back.

I would perhaps advise your friend to join some Newfie groups on Facebook and/or contact the breed association or breed-specific rescues and see what advice they can give. It may be that the 'aggression' issues are something fairly typical for the breed, especially in tough circumstances, and that all it needs is a more experienced home - that's likely going to have a happier ending than contacting a generic dog rescue like Battersea or Dogs Trust who may deem it unrehomable because of its issues and have it euthanised.

*zippy*

I would contact a Newfoundland rescue.

http://southernnewfoundlandclub.co.uk/welfare.asp

http://www.northernnewfoundlandclub.org.uk/welfare.html

Laconic

In general, a breeder contract isn't worth the paper it's written on. I have seen some breeders make good on their promises, but in general, most are hoping you will never call them on it. The breeder has had first refusal and that's all the consideration they practically need.

Aside from contacting rescue, does your friend have any resources for a trainer? Not a clicker based trainer* with a specialisation in puppies -- that time is long past. But someone with a track record with aggressive dogs who can supply checkable references.

It could well be something relatively simple that the dog is responding to and at least an evaluation would tell her if it's something she could resolve after all, if rehoming is a good idea or if euthanasia is the safest solution. A Newfie is a seriously powerful dog and if one is genuinely aggressive, it must not be passed on. Someone could be killed.

*I'm being a bit unfair to clicker trainers. The originator of clicker training for dogs, Gary Wilkes (he taught Karen Pryor), is a fantastic trainer. However, he believes in saying a strong NO! as well as yes. You cannot reward your way out of dangerous behaviour.

krlyr

Laconic wrote: »

You cannot reward your way out of dangerous behaviour.

The dog shouldn't even be put in the position where it needs rewarding or punishing out of bad behaviour - both can fail. Management is just as critical in dog training as addressing the behaviour too.

teddysmum

I think breeders make the return stipulation because they feel responsible for the dogs' welfare and many will take them back no matter how old or ill. However, if they don't have the capacity they may not be able to take back, even if they wish to and I don't think they can be made to do so.


This breeder may be acting like rescues, who like to know where the dogs are going, as if one home has failed they don't want then to face the same again and again. (For instance a newfie in a tiny flat or with tiny children would be very unsuitable.) . They may know of suitable homes, which would be very helpful.


I turned down a home for a rescued labrador because though he was a lovely friendly dog, the family had a tiny 18 month-old toddler and lived in a cottage with lots of stone flooring....

Laconic

krlyr wrote: »

The dog shouldn't even be put in the position where it needs rewarding or punishing out of bad behaviour - both can fail. Management is just as critical in dog training as addressing the behaviour too.

I agree with you about management but management is not opposed to training -- you need both like you need both length and breadth for a square. It would have been fantastic if the owner could have gotten some professional advice early on when a few small adjustments would most likely have headed off trouble, but that's not the situation now.

The situation is that the dog is most likely going to be killed in the near future. That breeder isn't going to invest time in it if she gives it back, the breed-specific rescues are going to be wary to take on such a project and the all-dog centres won't prioritise this dog over all the other dogs with no problems. It would be unthinkable to put an ad up on Gumtree for an unwary person to take on this dog.

Chances are, it's very fixable, but it needs a trainer who uses *all* the tools, not just rewards, available to influence behaviour. And a critical part of it is going to be going to the house, seeing how they manage with the dog and give insight into the problem as well as training and management advice that must work and work quickly. Time is not on their side: a large aggressive dog in a household with children, a very sick adult and an owner stretched thin is a dangerous mix. At the very least, they'll know where they stand and what they can do.

It shouldn't have had to get here. But it has.