Contractual Obligation of Breeder - Returning a. Dog

teddysmum

Laconic wrote: »

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.

I had the unusual situation of a cavalier 'turning bad'. This wasn't connected with any way he was treated, as the other three were fine and no medial cause could be found.


I had contact with people connected to the 'official ' breed rescue and was told, as I suspected, that they would not be able to take him, as they wouldn't be unlikely to find a willing home for him.


I didn't really want to part with him, but was worried about his effect on another dog who had severe heart problems.


There was no option but to work on him and 12 years later he is fine, though I don't allow any circumstances, where there could be trouble, arise and actually, he never did upset the poorly dog, as the latter was the 'silent' leader of the foursome.

Timpu

RubyRedRidingHood wrote: »

...the breeder has now refused to take the dog back stating that she has two dogs at the moment.

Sounds like frustration of the contract, one party cannot fulfil because of their circumstances. I can imagine having two dogs and a Newfie is a bit much unless you have a house the size of Buckingham Palace complete with the staff.

RubyRedRidingHood wrote: »

The breeder has said that she needs a picture of the dog and she will decide on whom may purchase the dog.

Purchase??? I don't understand. Why should money be involved and to who does it go, your friend or the breeder? Is the breeder implying a profit be made here? If the breeder had said yes to 'fostering' the dog and asked for costs to be covered, that would be different.

RubyRedRidingHood wrote: »

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...

Couldn't agree more with your friend. A photo is not going to indicate anything much about the personality of the Newfie. I'm surprised the breeder hasn't suggested going to a Newfie rehoming charity themselves.

RubyRedRidingHood wrote: »

...and there is still the issue of my friend having to keep the dog until it is re-homed.

Agree with others suggesting legal advice and writing to the breeder to make clear your position. Only suggestion I can add is whether someone is able to foster the dog so your friend can focus on her Mum?

Good luck to those involved, a really sad, stressful situation for all.

sleepymans

Have it put to sleep

missjadeyx

As a breeder of Mini Lop Rabbits, I have looked into selling my kits with these sort of contracts but as someone else stated before, it's impossible to enforce.


I do sell all my kits with the guarantee that I will take them back if they can no longer keep them or will assist in the rehome (as I have waiting lists, I would usually have someone on that list that would be interested in a young adult/older rabbit), I would also never expect to receive money for doing this. I keep in contact with everyone who has bought a kit from me and they all ask for advice whenever they need it and send me pictures etc. I have taken bunnies back before no questions asked. I always keep spare hutches just in case I do need to take a few back in short notice.


I would hate for any rabbit I bred to end up in a rescue and this is something I tell all potential new owners and all are more than happy to return the rabbit to me if the situation arose they could no longer care for them.


I think if your friend has offered the dog back to the breeder and the breeder has refused then they are well within their rights to rehome the dog themselves or to contact a rescue to take him. As someone else posted, I would send it in writing that the offer of having the dog back was given and refused so your friend will take other routes to find a suitable home for the dog.


I highly doubt she will take your friend to court over it or she will suddenly find the room for the dog to take it back.


Good luck to your friend x