18 months ago a women my wife works with was selling 2 male pure breed Daschound puppies. She said they were $600 a piece or both for $1000. When we agreed to buy the dogs they added that we would give them two free breeds (matting sessions). One with each dog. We gave them $800 with the rest to follow once the dogs testicles developed. One dogs testicles never developed and we were forced to have him neutered. They said we did not have to pay the extra $100 for him because he was unable to breed. Even though we would have paid it. Once the other dogs testicles developed, we gave them a final installment of $100. A year went by. They told us that their female would be ready too breed this fall. In early Oct. my wife asked them when their dog would be ready and they replied "soon". Well a month went by and we were starting too have behavior problems with our dog that could breed. It got worse and worse. The Vet told us that it was because he was not neutered. And added that the problems would only get worse. So we decided to have the dog fixed immediately. The problems have since gone away.
A week after we had him fixed, the people whom we were going to breed with contacted us and told us that their female was in heat. We contacted them back and told them about the issues we had with our dog and that we decided to have him fixed.
Now they are claimimg that we owe them $100. Because we did not hold up our end of the bargain, to mate with their dog. Our understanding of the agreement is that we would give them two "free" breeds. Well our dogs can not breed. So we do not feel we owe them anything.
Now they are claiming that because the dogs didn't breed they lost out on $1500. Because they think that there would have been three puppies. (Thats if the breeding would have even been successful.)
We have no written agreement on any of this. Most our conversations were done via the phone and e-mails.
My question is. Can they come after us for the $100? Can they come after us for the possible lost revenue of $1500?

I will not offer an opinion on the legal matters where I really don't know what I am talking about.

I do want to thank and congratulate you for being responsible enough to neuter a dog with behavior problems. There is unlimited misery in the dog world due to people using dogs with problems as breeding stock. As a dog expert, time after time, I have suggested neutering as a cure for behavior problems. It is no cure all, but as in your case, it often is a big help. Too many times, I receive a reply ''Oh, we can't neuter him, we plan to breed him''.

If I didn't value my privacy, I would be glad assist you. You might find authoritative advice on this under responsible breeding at www.akc.org.

Post any dog questions to the dog forum.

They shouldn't have no grounds for the $1500, because that's "IF" the breeding had been successful, that's also saying the puppies would have been completely free of any health problems as well, etc The list can go on and on.

I would get a statement from the Vet, indicating the dog was having behavior problems, and needed to be Fixed to remedy this.

Your first dog was unable to breed, so they at least let that one slide;
Your other dog was CAPABLE of Breeding, but actual breeders would never breed a dog with temperament problems.

Unless your contract specifiacally says your dog will breed if capable, regardless of health or temperment, you should be fine

Can they sue you, of course they can, I could sue you, for something If I thought about it long enough, I would lose of course, since I don't have a case.

On the one dog, while I understand what you did and why, a judge may not, since merely a behavior issue may not be considered by a court cause to break a agreement for mating.

I am not sure what the value of a this service is valued at. But no, they most likely can't win on the 1500, because no one can assume the mate would even achieve a little, only it could.

But I would say that they could sue for the 100 for sure, and perhaps for the actual value of a breeding servcie ( what ever the stud fee would be worth)

So it will be up to the opinon of the judge as to if the attitude of the dog was a valid reason to have the animal fixed, or if in a breeding dog this attitude was to be expected.

So if labman was your judge, you would win, but I am sure others would view it differently.

But can they sue, of course, will they win, my opinion is it will be up to what judge you get.

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Originally Posted by John Vanden Heuvel

18 months ago a women my wife works with was selling 2 male pure breed Daschound puppies. She said they were $600 a piece or both for $1000. When we agreed to buy the dogs they added that we would give them two free breeds (matting sessions). One with each dog. We gave them $800 with the rest to follow once the dogs testicles developed. One dogs testicles never developed and we were forced to have him neutered. They said we did not have to pay the extra $100 for him because he was unable to breed. Even though we would have paid it. Once the other dogs testicles developed, we gave them a final installment of $100. A year went by. They told us that their female would be ready too breed this fall. In early Oct. my wife asked them when their dog would be ready and they replied "soon". Well a month went by and we were starting too have behavior problems with our dog that could breed. It got worse and worse. The Vet told us that it was because he was not neutered. And added that the problems would only get worse. So we decided to have the dog fixed immediately. The problems have since gone away.
A week after we had him fixed, the people whom we were going to breed with contacted us and told us that their female was in heat. We contacted them back and told them about the issues we had with our dog and that we decided to have him fixed.
Now they are claimimg that we owe them $100. Because we did not hold up our end of the bargain, to mate with their dog. Our understanding of the agreement is that we would give them two "free" breeds. Well our dogs can not breed. So we do not feel we owe them anything.
Now they are claiming that because the dogs didn't breed they lost out on $1500. Because they think that there would have been three puppies. (Thats if the breeding would have even been successful.)
We have no written agreement on any of this. Most our conversations were done via the phone and e-mails.
My question is. Can they come after us for the $100? Can they come after us for the possible lost revenue of $1500?

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I aim the owner of 4 dachshunds and must say you made a great choice in the breed of dogs you bought. When you bought the dogs from her did they have papers on them? If so did you get the papers? Also did you get a bill of sale from the breeder? When I bought all my doxies I got them from a good breeder here in Florida. I received a bill of sale, there papers also papers from her vet where she had them all checked out and first puppy shots. If everything was done by word of mouth I don't see where she can come after you for anything? Also it is not your fault your dog had a problem and had to be neutered. I had a problem with my little male at a very young age like 6 months and had to have him neutered. So you did what was best for your dogs and there health. Also if you could have breed your dogs with her female there is no way to tell if the breed would have taken or if the pups would have all been born alive. Tell the lady your sorry, but you feel you don't owe her anything. Bonnie

Anyone can sue you for anything. Doesn't mean they will win.

She sold you a cryptoric dog (they don't have all the beans in the bag). She sold you a defect. Both of you could sue each other and both of you could win in my opinion.

How they win:
You did have an agreement for the pricing. Just because the dog ended up cryptoric doesn't mean the price or the agreement changes unless birth defects were agreed upon before the sale. Pricing therefore could remain the same.

How you win:
You bought a dog from them for breeding. This is an investment made by you and you received an defective product.

The problem really is that you are probably attached to the dog so a "return" is probably out of the question.

You should both just cut your losses and move on. I bought a cryptoric dog and found out that if the breeder it was purchased from has no integrity, there's really nothing you can do about it. You have the dog, love it and teach it not to pee on the rug.

Quote:

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Originally Posted by John Vanden Heuvel

18 months ago a women my wife works with was selling 2 male pure breed Daschound puppies. She said they were $600 a piece or both for $1000. When we agreed to buy the dogs they added that we would give them two free breeds (matting sessions). One with each dog. We gave them $800 with the rest to follow once the dogs testicles developed. One dogs testicles never developed and we were forced to have him neutered. They said we did not have to pay the extra $100 for him because he was unable to breed. Even though we would have paid it. Once the other dogs testicles developed, we gave them a final installment of $100. A year went by. They told us that their female would be ready too breed this fall. In early Oct. my wife asked them when their dog would be ready and they replied "soon". Well a month went by and we were starting too have behavior problems with our dog that could breed. It got worse and worse. The Vet told us that it was because he was not neutered. And added that the problems would only get worse. So we decided to have the dog fixed immediately. The problems have since gone away.
A week after we had him fixed, the people whom we were going to breed with contacted us and told us that their female was in heat. We contacted them back and told them about the issues we had with our dog and that we decided to have him fixed.
Now they are claimimg that we owe them $100. Because we did not hold up our end of the bargain, to mate with their dog. Our understanding of the agreement is that we would give them two "free" breeds. Well our dogs can not breed. So we do not feel we owe them anything.
Now they are claiming that because the dogs didn't breed they lost out on $1500. Because they think that there would have been three puppies. (Thats if the breeding would have even been successful.)
We have no written agreement on any of this. Most our conversations were done via the phone and e-mails.
My question is. Can they come after us for the $100? Can they come after us for the possible lost revenue of $1500?

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You are safe, You did not have a contract or anything in writing. It is there word against yours. Good Luck