Ethics question - New dog, return to breeder?

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ThatsAlly

Boxer Booster
So the other day a co-worker's brother in law gave me an American Eskimo Dog. To make a long story short, his wife abandoned him and thier three children to run off with her friends and new boyfriend. They had purchused the dog in 8-03 when he was 5 months old. The breeder is close by.
Today I am thumbing through the dog's pack of stuff and realized not only is he UKC reg eligible, but there was a 'contract' between the horrible wife and breeder. I quote, "Rachel G. agrees to make....(payment info, not important)..paid up within two months time and to always treat him well, she also agress to contact me if she needs to ever get rid of puppy no. 2 so I can have first choice to take him". Signed and dated 8-21-03 by both the wife and breeder. Here are my problems,
1. I love this little guy already and am hesitant to call the breeder in case I have to give him back.
2. The wife abandoned the family and dog, it was the husband who gave me the dog (for free, understanding he will get a loving home and since I am in vet school regular vet care) and it was her not him who had the contract.
3. The contract says puppy no.2 while the rabies info/vet stuff lists puppy no.1 (mistake on someones part, void the contract?).

I don't know what to do. I have an appointment with my school vet on the 28th for cast. and have already done boosters (almost 2 y/o and they never fixed him). Ethically I think I know I should call the breeder but if she's a BYB then who knows what will happen to him. Why wouldn't he be better with a vet student who loves him than with god knows what?
 

Vela

Boxer Insane
OK, here's my two cents but take it for what it's worth to you. You did not make the agreement. You did not have anything to do with the breeder. Contacting the breeder is not your responsibility as you had nothing to do with this dog until you were recently given him.

You could contact the breeder, let them know you have the dog and that he is safe and happy. You didn't sign the contract so it has no bearing on you and you have no responsbility to honor it. If they even do bring up returning him, inform them that it is not possible as he is now your dog and you did not agree to any contract. If the breeder has any problems with it they will have to take it up with the former owner who signed it, not her husband. I would probably wait until he was neutered and inform them when you call that he has been fixed. If they did want him for breeding, etc, they wouldn't bother since he was fixed. They may just be happy he has a good home and let it go at that if they are good people.

The contract has nothing to do with you and therefore you are not obligated to let them know anything at all about this dog. If you WANT to let them know so they can know hes safe and happy then you can, but you aren't required to as you have no responbility in relation to that contract.

Good luck with your boy!
 

Evie&Adam

Boxer Insane
Vela said:
The contract has nothing to do with you and therefore you are not obligated to let them know anything at all about this dog. If you WANT to let them know so they can know hes safe and happy then you can, but you aren't required to as you have no responbility in relation to that contract.

My thoughts too :) If it were me, I wouldn't contact the breeder, just be happy the pup is in a good loving home.
 

ktn67

Super Boxer
Ally,

I hate to be a pill but I think of it from the other side. I don't know what all was included in that contract but the fact that there WAS a contract at all leads me to at least hope this breeder has some ethics. No you did not sign the contract. But I can't help feeling, as I will be breeding some day provided my girl passes health tests, etc., that if it were a puppy from one of my litters, I would want to be called. I know all my contracts will have return to me clauses in them. And since I'm giving you my two-cents worth, I would probably consider the person who currently had that pup for his/her new home but I'd still want to know. Just MHO.
 

Ciscobxr

Boxer Insane
If it were me in this situation, I would not call the breeder. You are not the one that had the contract, it was by chance that you even know there is one. I could sleep fine at night by knowing that you are giving to dog a new great home.
BTW- I love Eskes!!! I had one about 4 yrs ago but it got out of the yard and was hit by a car. :(
 

sashamom

Boxer Insane
My two cents echoes what most have said....you are in no way liable for any contract the woman made with that breeder....the fact you have a concience is merely an added plus to your character and the fact you will make a fantastic parent!! Congratulations and Good luck!
 

michelle8702

Boxer Booster
I don't feel your responsible!

But if I were you I would contact a lawyer and ask them if legally there is anything the breeder could do in order to force you to give the dog back...If they say no then contact the breeder and allow them to know that this woman did this and that for their benifit she never get's another dog from them does she decide to come back! Assure them that he is happy, healthy and well cared for! And maybe you can get the contract switched over to your name so on the off chance that she does come back and decide's that she wants her dog back. You are legally not responsible to give him back at that point! If he does have papers in her name I know that she may have a good argument to get the pup back but if you have the breeder on your side of the matter and it ever does go to court she won't have a legal leg to stand on because she breeched the contract!

Just my thought's! GOOD LUCK
 

boxer

Boxer Insane
IMO you should contact the breeder, and let her know where he is. It is the ethical thing to do.

Responsible breeders put clauses like that into the contracts for their pups because they have an ongoing respnsibility for the pup's (lifetime) wellbeing. That's just one of the responsibilities that goes along with breeding dogs, but it doesn't mean that the caring isn't genuine ;)

Her concern is going to be that she knows where he is, that he has a good home and is going to be well cared for. If you fit that criteria, then you should have nothing to worry about vis a vis her repossessing the dog.
 

Stacy W.

Boxer Booster
I agree that if I were you I would contact the breeder. If the breeder took the time to come up with a contract, they are probably a breeder that cares for their dogs. They will probably just want to know that the dog is with a caring, loving owner. I don't think you are legally obligated to contact the breeder, but I do think that it is the right thing to do.
 

hugomom1

Super Boxer
I would contact the breeder, but with the man who gave you the dog. If you both explain the situation and she sees what we all see: which is how much you love the dog and are very responible she should be fine with it. It also looks very good that you came to her even though it would be easy to just ignore the contract. Showing it to a lawyer may be a good idea; you don't want this breeder taking the dog away five years down the road.

No, it probably isn't your responibility but it will look better if you do.
 
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