At 03:41 PM 9/28/01 -0400, you wrote:
>Dear Suze -
>         What you wrote about the commercial code and co-ownerships is very
>interesting. I've been arguing the other side of this for the past couple
>days but now I'll tell you what is wrong with the "lien" set-up after full
>ownership by the new buyer/future breeder.
>         When a litter is bred from a co-owned bitch and a puppy returned,
>the original breeder not only gets a puppy, he gets a puppy listing him as
>co-breeder. That means it can be shown in bred-by-exhibitor class and if it
>gets a championship, it is one more champion that breeder can claim to have
>bred. Breeding champions means as much if not more than owning champions.
>         In my opinion, if you want a puppy back from a bitch you "sell",
>it is more fair to sell the bitch for a much lower price or better still,
>take no money. Just have a co-ownership until you get your puppy. You are
>giving a puppy and getting a puppy so financially you are even. The other
>way, you are getting paid twice, once with money and once with a puppy and
>I agree with Dave - that makes the original purchase VERY expensive.
>         Julie
>
>At 01:43 PM 9/28/01 -0400, you wrote:
>>Hi, Dave and List,
>>         The buyer THINKS that they are paying a couple of thousand
>>dollars for
>>the puppy.  In actual fact, if most arrangements are interpreting by a
>>court of law, a "co-ownership" is a "one divided one half interest" in
>>the pup.  Therefore, if the co-own must be dissolved, the pup is
>>actually interpreted to be worth FOUR thousand dollars.  There IS a
>>better way to do this legally for those who want a puppy back.  You can
>>write a contract in which title to the bitch passes to the buyer and a
>>lien on the puppy exists.  THEN the whole originally puppy belongs to
>>the buyer, but the progeny has a lien on it until satisfied.
>>         A lien like this is NOT new law.  This is NOT unusual. This is the
>>Uniform Commercial Code and anyone who wanted to research it to put a
>>contract could find it instead of the "co-ownership" which has proved
>>more problematic to both dog clubs than any other matter. This is why
>>the AKC website WARNS against them.
>>         A "co-ownership" is meant to be JUST THAT. Two people owning a dog
>>together.  One half of the equity is vested in each "co-owner".  Buyer
>>beware.
>>
>>
>>Suze
>>
>>Dave Wagner wrote:
>> > Whats in it for the buyer?  Lets see ... they get to pay a couple of
>>thousand dollars for a puppy, the breeder gets the best puppy or puppies
>>from the litter (another couple of thousand dollar value not to mention
>>non-monetary value) and the breeder gets to dictate who you breed to and
>>sometimes when.  Whats in it for the buyer is the better questoin?  Maybe
>>a couple of litters later if they are lucky they get to keep a good puppy
>>that they actually own?  This is ridiculous, however many people fall
>>into this ridiculous trap each day.  There is a tight group who preach
>>this is the only way you can get a good dog to try to increase the
>>pressure for people to go this route and many horror stories from people
>>who fell vicitm.
>>
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