Need a little advice

[blueskies]

I want to know what some other opinions are on this strange situation. I have spoken with a few of my breeder friends already, but their comments vary. I am not going to use names, places, etc. because I don't want anything started. This is between me and the person, but I would like to know thoughts on the situation without any drama. In the fall, I purchased a very expensive adult male dog from another country. I signed a first right of refusal clause in the contract, which I was fine with and do the same for any dog I sell. Everything went as planned, although the amount of money went up for customs, but that was ok too. The male has a great temperament, and had already been proven in his first home. He is not a Yorkie, another breed, and he was my first of this particular breed. After several months, my situation changed and I realized that I was not going to have anything to breed him to, and also was not going to be able to start that breed at all in my program. The contract states that I must offer the dog back to the seller at the original purchase price. I contacted the seller and asked if they wanted to take him back. They answered and stated that they DID NOT want him back and that I could place him, but he was to be placed in a pet home only. That is the problem. This is a proven breeding male who has had the proper breeding tests, and he was sold to me for breeding purposes. I paid a VERY LARGE amount of money for him, an amount that I would not have paid had he been sold as a pet only. If I were to place him as only a pet, I would only get a few hundred at most, and take a very big loss. Is that fair? I replied and refused the pet only part, and said that I would like to be able to properly place him as a breeder in the right home. I have not heard anything back yet, but would I be breaking some sort of contract if I refuse and sell him with breeding rights? My contract states that I was to offer him back to the seller and the seller has a certain amount of time to respond in writing whether or not they want him back. That's all it says. So, in my experience and from what I have heard, this does not give the seller the right to say where and how I place him if the seller refuses to take him back, correct? First right of refusal gives them just that, the right to purchase the dog back, but does not give them the right to say where they are placed after they refuse. That has been my understanding, but maybe I am wrong. This person is in another country, so I don't know how things work. I do not want to step on toes but it is not fair that I've only had this male for a few months and I should lose thousands of dollars when he is a good breeding male. He has been tested, he is correct for the standard of this particular breed, and his puppies have been correct as well. If I place him as a breeding male, I would show him the same respect as I do any of the dogs I place. He would be placed in a home, not a kennel, and the home would be properly screened. Am I in the wrong here? What are your thoughts?

[Susan123]

I think it is absolutely fair as it is the contract you signed. She has first right of refusal, which she has done. Sounds like she stated clearly when/if you need to rehome he must go to a pet home. That stipulation usually is not contingent upon whether or not she wants the dog back, writes to you in a timely manner etc... that's what you contractually obligated yourself to do. It may not seem fair, but it is right.

[Rosiegirl]

If I am correct, the signed contract did NOT say re-homing to a pet home only, right? It would be nice to get the blessing from the breeder on this, but if you did not sign a contract stating that and she only told you pet home by mail etc, then I believe you don't have to follow her advise. I would however take the utmost responsibility to find that dog a WONDERFUL home that will ALSO treat him like a pet and a stud, not a place where he will live in a kennel-like situation. You don't need his placment to a place where he is just a stud on your shoulders, animals have feelings too (as I am sure you are aware of)
Have you thought about keeping him and offering the stud service from him? You said he is all tested etc. And you could always stay in control of his surroundings that way.

[Susan123]

If that's the case then you're not contractually obligated.... But I would try and speak to the breeder and get her approval, try to find a nice small breeding program to place him in. Perhaps explaining your situation will help her understand. You could even offer to run the prospective owner by her before placement.

[FlDebra]

Sure, you are well within your rights to place the dog anywhere you desire once she has given her refusal. Since it is important to you to keep on good terms, I would just explain to her as you have to us here. Tell her you are very concerned with the dog's welfare and would never place him in an environment that the breeder would not approve if she was here to assess herself. You might also sell her on the idea that since he is proven and such a good example of the breed, it would be a shame not to have him perpetuating the line. Assure her that you will find someone who is just as concerned about the welfare of the dog, the breed, and the art of selective breeding as the two of you. It sounds like that is your plan. Remind her that she had to assess your integrity and finding it worthy entrusted this dog to you. Tell her that same integrity will ensure the dog is placed with the right family again. Good luck to you and this little sire.

[blueskies]

Originally Posted by Rosiegirl

If I am correct, the signed contract did NOT say re-homing to a pet home only, right? It would be nice to get the blessing from the breeder on this, but if you did not sign a contract stating that and she only told you pet home by mail etc, then I believe you don't have to follow her advise. I would however take the utmost responsibility to find that dog a WONDERFUL home that will ALSO treat him like a pet and a stud, not a place where he will live in a kennel-like situation. You don't need his placment to a place where he is just a stud on your shoulders, animals have feelings too (as I am sure you are aware of)
Have you thought about keeping him and offering the stud service from him? You said he is all tested etc. And you could always stay in control of his surroundings that way.

That is exactly right, I did not sign anything in a contract which states I must place the dog in a pet home if anything should ever happen. Just to be clear, this is not an "unwanted stud" that I would place just anywhere (not that you implied that), but rather, one that would be very carefully placed.

I have had several PMs on the breed of the dog, I don't feel that it would be too much information to give that. He is a maltese. I hope it's ok that I posted here, I read many threads here and value your opinions. I am a yorkshire parent as well, this was my first Maltese.

[blueskies]

Originally Posted by Susan123

If that's the case then you're not contractually obligated.... But I would try and speak to the breeder and get her approval, try to find a nice small breeding program to place him in. Perhaps explaining your situation will help her understand. You could even offer to run the prospective owner by her before placement.

I did get the go-ahead this evening to place the male, possibly with breeding rights. I did offer to run each potential buyer by the breeder, thank you Susan, and I feel that we are both doing this for the best interest of the dog. Neither of us want him placed in a home that is not suitable, he deserves the best.

[blueskies]

Originally Posted by FlDebra

Sure, you are well within your rights to place the dog anywhere you desire once she has given her refusal. Since it is important to you to keep on good terms, I would just explain to her as you have to us here. Tell her you are very concerned with the dog's welfare and would never place him in an environment that the breeder would not approve if she was here to assess herself. You might also sell her on the idea that since he is proven and such a good example of the breed, it would be a shame not to have him perpetuating the line. Assure her that you will find someone who is just as concerned about the welfare of the dog, the breed, and the art of selective breeding as the two of you. It sounds like that is your plan. Remind her that she had to assess your integrity and finding it worthy entrusted this dog to you. Tell her that same integrity will ensure the dog is placed with the right family again. Good luck to you and this little sire.

Thank you Debra, this is all great advice and I believe we have reached an agreement now that will work out best for both the dog (most important), and us.

[Susan123]

That's great. I'm glad it's working out for you. Hopefully you'll be able to get all that you've invested. I love the maltese. I'm sure you'll do a fine job finding him a good home. Best wishes....

[Rosiegirl]

I am glad to hear this, I am sure you will find a wonderful home for him, those malteses couldn't be any sweeter dogs. Good luck with his new home.

[julietimothy]

Did you say he was a Maltese, I have Maltese they are so sweet. I love them so much. I think after you tried to give the dog back, you are ok on placeing him how ever you like. I would love to see pictures of him. What city are you in? What would you be asking for him? My stud is getting older and I am going to start looking for a new one in the next year. I want from a very good bloodline. Good luck, sorry you could not get in to this breed they are great dogs.