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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mother rehomed a small skinny border collie from a

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My mother rehomed a small skinny border collie bitch from a local shepherd and paid £100 for her(she did not work sheep but has a good pedigree & my mother did recieve her registration when she paid for her) as the shepherd wanted a pet home for her. 2 1/2 weeks after rehoming her she littered down with 5 puppies. My mother is caring for the pups and has homes for them and initially the shepherd said it was immaculate conception. A week later he then said it was possibly that she had been with his 'imported well bred male border collie' & after telling me this, he then went on to tell me they had firstly tried to mate her with another mans well bred stud dog, which was unsuccessful!! They have told us they want to DNA test the puppies & register them & sell them for quite a bit of money & that they may want one of the pups as a STUD FEE!!! Can you tell me if my mother the rightful owner and she can decide on the future and ownership of the litter. We feel he sold the bitch on thinking she was barren and had no use for her, but now that she can be bred from he is kicking himself!! I hope this make sense. Thanks

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. For the avoidance of doubt, may I confirm your mother has evidence of payment for the dog please - e.g. a receipt or evidence of payment to the seller please? If so was the sale made conditional in any way - eg. were there any conditions attached to the sale regarding future puppies (this would be comparatively unusual)?
Customer: replied 2 years ago.

She only recieved the ISDS registration with the bitch when she paid for her and was sold to my mother as a pet as my mother was going to spey her. There Were No conditions with the bitch and he actually said to my mother that if she wanted to take a litter from the bitch, it would be the making of the bitch and the day she had the pups we phoned the shepherd and he was astounded and called it the immaculate conception!!! Over a week before she had the litter we questioned the shepherd that the bitch had swollen nipples and looked like she possibly had milk but was told it was impossible & that it may be a false pregnancy! My mother had the dog enrolled in a ten week training class which the bitch has only been to 2 weeks because of the puppies.

many thanks for the above. Based upon what you say, the dog is your mother's property ( in law, dogs are treated as any other personal chattel - e.g. the same as a television or piece of jewelry) and therefore the puppies also belong to your mother. The seller has no right to the puppies nor to a payment unless the seller included a specific provision providing that the payment would fall due if the dog had puppies within a certain time of the sale which is not the case fro what you say. Regardless of which dog fathered the puppies, the seller sold the dog to your mother in the condition she was at the time, and therefore, the sale included "title" to the puppies. Your mother may therefore consider declining any proposals the seller makes and declining to make any payment to the seller as he has no contractual right to the same based on what you say. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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