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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63435
Experience:  Qualified Solicitor
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I was wondering if you could help me with a breeding

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Hi, I was wondering if you could help me with a breeding situation(litter of pedigree dogs). I have no contract(not even a verbal one), nor ever agreed to give the sire's family a puppy from the littler. They are now requesting pick of the littler for free, I have offered a very generous stud fee which can also be used as a discount against a puppy from the litter. They are threatening to sure as they feel they are entitled to pick of the little for free although, I never agreed to those terms, prior to mating or after. I was wondering if you could offer any advice on where I stand legally in this situation and what my rights are.
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: as of yet, none
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They later informed me that they were not actually allowed to breed their dog (they have a no breed clause from their breeder)

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 4 months ago.
Hi Ben, Thank you

Given the request the family have made, what are you ideally hoping for?

Customer: replied 4 months ago.
Honestly, they've made this entire situation extremely difficult and it has caused me major distress the amount of pressure they have been putting on me. I just want to know what my rights are and what they are entitled to as I know very little about the laws surrounding breeding

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. This is not so much to do about laws surrounding breeding, and it is still a private arrangement which would depend on what was agreed between you and the other side. Just because they have provided the stud for breeding purposes does not mean they legally have the right to first pick of the litter. This is possible under a contract you had with them and they could have negotiated that benefit as part of providing the stud, but if this was never negotiated or agreed, they cannot force you to do it – there is simply no contractual or legal obligation on you to do that. They could threaten to sue you but they won’t get very far, especially as there is no evidence that this was ever agreed or part of any contractual agreement you had with them, be it written or verbal. Stick to your position, refuse to grant them such requests and make it clear that they do not have an automatic legal right to this, and because they failed to agree it in advance, it is not up to them who has first pick.

Does this answer your query?

Customer: replied 4 months ago.
ok, thank you so much, that gives me some clarity at least. I know now that we are not obligated to give them first pick but do you think we would be obligated to give them one at all? The only offer I have ever given them is:
A stud fee charge of £500
Or A puppy for £700
And that is in writing over text. But at this point, as there is now so much animosity between both parties, due to faults on both sides, that ideally I don't want them to have a puppy as we are keeping them within our family.
Do you think I could just pay them the stud fee and refuse them a puppy at this point?
Customer: replied 4 months ago.
Just to clarify, I offered them a puppy, but not a puppy of their choice. The others have all already been allocated and have begun bonding during their new families visitations.

They would have provided the stud on the terms you offered them so if that is all they had been given and they accepted it by proceeding with the provision of the stud, that would have implied their acceptance of those terms. If the choice on whether they get a stud fee or a puppy was theirs, you still need to ask the which one they prefer but without the requirement to give them first pick

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