Consumer Law, Warranties How enforcible is this puppy contract?

[nitetiger4]

So back in 2006 I purchased a show dog from a breeder and signed a contract (breeder lives in Oregon) The breeder is not registered as a co-owner of the dog with the AKC. I've spent a lot of time and money getting the dog a championship and health testing so I can breed her, but I've become very annoyed with the breeder for forcing me to breed the dog her way (all at my cost) and then give her a free puppy, according to these contract terms. I'm just wondering how enforcible this co-ownership/breeding part of her contract is because she is driving me nuts. Here is exactly what it says:

Quote:
A co-ownership shall exist between the Buyer and the Seller with the terms listed below:

(Some stuff about me obtaining health clearances and championship at my cost and then...)

Seller will pick the stud dog for the first breeding.

Buyer shall retain all profits of first litter except for one puppy to be chosen by the Seller. The puppy chosen by the Seller will be surrendered to the Seller at eight weeks old with AKC papers.

If the first litter does not include any show quality puppies, a second breeding will be done within two years of the first breeding, following the terms of the first breeding.

(some more stuff about giving info from puppy buyers to the Seller and co-ownership terms ending after the puppy has been given to Seller)

At any time during the term of co-ownership, the Seller may have the bitch spayed if she decides the bitch should not be bred.

So pared down, my question is: cording to this signed contract, could she sue me if I bred the bitch to a dog of my own choosing, and if I didn't give her a pup? And also, could she force me to spay my bitch?

 

[mightymoose]

According to what you provided here the contract does not indicate that you can not breed the dog with a dog of your choice. It only specified the terms of the first breeding. You only owed a puppy from the first breeding, or one from the second if there were no suitable puppies the first time around. If she got her one puppy then it seems you don't owe any more.

Does your contract specify when this co-ownership ends? If not, it seems to me that if the seller picked the dog to breed with and got her one puppy then you have no further obligations and the co-ownership is over.

 

[nitetiger4]

I bred the bitch once (according to contract terms) and she had a single pup, the single pup has a genetic condition making her not show quality, which means the breeder of my bitch won't take it and therefore contract won't be fulfilled. I just don't want to breed the dog to a stud of her choosing again, I'd like to pick my own... but if this contract is enforcible then I can't do much.

The co-ownership period ends once the bitch is spayed or once the owed puppy is given to the seller.

 

[mightymoose]

Well- read the contract carefully.
The way you wrote it here it appears that the seller only gets to choose the first stud.
However, it does say that the second breeding is to be done under the terms of the first breeding- so you will just have to decide whether or not the seller's choice of stud for the first breeding is one of those terms.
Personally, I say it is not- the terms of the breeding are what you wrote right after that.

Bottom line- if the seller does not like what you do with the dog then the seller has the option of suing you for whatever 'damages' the seller has. So long as the seller gets a show quality puppy the seller won't have much in the way of damages to complain of.

Considering the distance between you and the breeder it may be unlikely that any action would be taken... but you never know.