They were born yesterday…I have no clue what she is but looks part pitbull and maybe pointer- most are.black and white and 2 are all brown and mastiff looking.
I guess I’m still trying to figure out if I don’t get my dog neutered, can she still use breech of contract on me for that part even though she clearly didn’t follow through and is just now concerned 3 years later bc she “thinks” they are part Doberman
It’s kind of like her going “ya so remember that part about neutering that was suppose to be done 3 years ago…ya I’m gonna need that fulfilled in the next month or I’m coming after you for breech of contract”
I might start out with ignoring her threat and simply saying - Just FYI, the bitch that had puppies at my house is a stray that showed pregnant, I am not breeding anything, I am just helping a stray.
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Seems odd she is now demanding the dog be neutered…after the fact (even though the puppies aren’t his).
Two ways to see this. First, you did sign a contract, and if you didn’t read the whole thing (which at 30 pages would have made me run…FAST…from that breeder) you agreed and didn’t follow through. That fault is yours.
Second, she would have to provide proof of damages and I can’t imagine what those could be, and to go after you will require her to spend money on an attorney. The threat of court often scares people into paying even when the breeder is in the wrong, just to avoid the whole lawyer thing.
You did sign a contract without fully reading it. That’s not in your favor. Breeder would have to prove actual financial damages, that’s not in their favor.
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….Not legal advice…
Based on my experience, knowledge & shared experiences of other breeders…
Breeders have a hard enough time getting the court to side with them when they have simple, realistic expectations & consequences written in their contract.
Let alone some 30 page contract filled with who knows what.
No judge in their right mind would side with this breeder. The fact that she waited this long to ask for proof of neutering, could constitute a failure on her end to uphold the contract.
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Did the contract state that the breeder required proof of neutering by 24 months of age? or that the breeder had to ask for it?
I am unfortunately fairly familiar with court stuff like this due to a sociopathic stalker, and judges often don’t see things the same way we do.
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Ah I see - I thought you were saying that you had the dog neutered but sometime after 18 months.
Again - even if you don’t have him neutered, she would need to prove damages in order to sue you for breach of contract. If you did breed him, then yes, she would be entitled to damages. But since these are not his puppies, it’s a moot point.
I might send her a message just saying that the bitch was a stray. Period.
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No it doesn’t say anything about showing proof
Ya I think I’m just going to ignore her if she writes me again about it. I told her the puppies aren’t his and there is no where in the contract that says I have to show proof of him being neutered so she really doesn’t have a leg to stand on.
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As a reputable dog breeder with a 1 page 2 sided contract/guarantee most breeders claim the damages as the difference between a pet price and a show/breeding dog price.
You can check with a lawyer but I would just neuter the dog and show proof.
You agreed when you signed to neuter so depending on your state/provincial laws the breeder can win damages.
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What are the damages? Not neutering the dog does not make him show quality. I’m confused.
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If the breeder could prove she was breeding him maybe 
, but good luck with that.
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I am just providing my opinion on the issue. Show quality is in the eyes of the beholder. Almost all dogs can be shown unless they have a disqualifying trait. Does not mean they can win just that they can be shown.
The price difference between selling a show dog/breeding dog and the price of a pet dog. Usually quite a bit more for the show/breeding dog that is not going to be neutered. In poodles I would say easily worth $2000.00 more for a dog without conditions.
If someone wants one of my dogs with no conditions, i.e. spaying or neutering the price would be considerably higher. Well to be perfectly honest I just would not sell them a dog.
The courts have found this to be legal with properly written contracts.
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I show dogs too so I understand that part. I mean maybe showing a poor specimen could inflict damages to the breeder’s reputation. But if the dog is neither being shown nor bred, I see no way for the breeder to substantiate actual damages to a court. It certainly wouldn’t be worth the effort to try to prove 2k in damages in small claims court to me.
OP any update? Did you let the breeder know that the puppies were not his?
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