>         Personally, there are very few situations in which I can imagine
> needing to co-own a puppy.  But the point I was making was not what
> people SHOULD do in how they own, but rather than contracts CAN be
> written to reflect anything that the seller wants them to reflect within
> reason.

Are these contracts honestly and truthfully legally binding--if the dog is
soley and outright owned by a party separate from the one who wrote the
contract?

I am asking for good reason.  I have been in this breed a very long time
(since 1976).  Because of this many of the breeders today called me at one
time or another for their first show puppy. I did not breed all that often
(rarely more than a litter a year) and usually did not have a puppy at the
time so most bought elsewhere (I usually kept anything that was show
quality).   I am a breeder who FULLY tests my dogs. That is part of the
reason I want to co-own--because I would be horrified if someone bought a
dog from me who developed patellar luxation or hip dysplasia, early onset
MVD or something, but went ahead and bred it anyway.  To be honest, of all
the people who contacted me for a show puppy in the past, every single one
assured me they would fully test and would never breed a dog unless it was
fully tested and clear--but today not a single one who didn't buy from me
does fully test--not a SINGLE one.  I dread to think they may have been
breeding dogs from me that were not fully tested if I had had a show puppy
for them at the time.

I am running scared about this.  Therefore every new breeder--whether new to
breeding or new to this breed I co-own with.  I want to make sure the dog
they bought from me is NOT bred if it turns out to have hip dysplasia or
something else (or turns out to not be show quality).  The second I am
assured they know type and understand what a show quality dog looks like,
and am assured they will fully test--I turn the dog over to them in full
ownership.

In the past I had always understood that you could not enforce a contract
such as was stated above if you did not own part of the dog.  And if it is
binding, is it possible to give actual instances when a court sided with a
contract such as this in the world of show dogs when NO co-ownership was
involved.  I worked for an attorney for 10 years and he told he it was not
legally binding if I had no ownership claim to the dog but he was a real
estate specialist--and therefore might have given me incorrect information.

Laura Trunk
Roycroft Cavaliers

=========================================================
"Magic Commands":
to stop receiving mail for awhile, click here and send the email:
mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20NOMAIL
to start it up gain click here:
mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20MAIL

 E-mail [EMAIL PROTECTED] for assistance.
Search the Archives... http://apple.ease.lsoft.com/archives/ckcs-l.html

All e-mail sent through CKCS-L is Copyright 1999 by its original author.

Reply via email to