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AnneUK
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09-06-2007, 10:27 PM
If what your saying is true Dawn, they don't sound like a reputable rescue, I'll ask again will you pm me the details of the rescue you mentioned earlier and this one so I can hear their side to the story. If you want to slate rescues Dawn start another thread, this is about whether breeders should carryout the same checks as reputable rescues, not individual cases. Just out of interest would you be just as surprised and appalled if this happened with a breeder's pup that went onto have pups? Reputable rescues would be horrified to find out one of their bitches had pups and would soon put measures in place, imo it should be the same for reputable breeders.
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AnneUK
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09-06-2007, 10:31 PM
Originally Posted by Borderdawn View Post
, they home her saying she is spayed even though she was taken in as a stray. She now, 6 months later has a litter of 5 puppies from their other uneutered male staff.
If this is true, it could well be that when the vet went to clip the dog pre spay s/he found scar tissue, similar to that of a spay scar, so assumed she was neutered. Vets routinely check for spay scars in stray bitches to save them being anaesthetised and opened up unnecessarily.
Although extremely rare that the dog would have a scar similar to a spay scar it can and does happen.
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Patch
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09-06-2007, 10:43 PM
Originally Posted by Borderdawn View Post
Heres one I heard about today. Staff bitch, taken into a very well known national rescue organisation, they home her saying she is spayed even though she was taken in as a stray. She now, 6 months later has a litter of 5 puppies from their other uneutered male staff. Yes she came in season when they had her in their home, yes they told the rescue, the rescue would not help with kenneling whilst the bitch was in season, as they had no "space" but very kindly offered last week to rehome puppies for them!! how kind. They will help towards the cost of spaying, even though on the owners "contract" it clearly states all animals will be neutered before homing. So, who's irresponsible here?
The rescue for NOT making sure the was spayed prior to homing?
The rescue for NOT helping the new owners with kennelling the bitch whilst she was in season?
The new owners for not taking enough care to ensure the bitch was safe, even though they had no idea at all about bitches in season, and effectively bought a spayed one??!!

Whilst I do not believe accidental matings are accidents, they can all be prevented, I blame the rescue in this instance.


I concur that the rescue was grossly negligent, [ purely going by details as presented of course ].

I would add however, there is a measure of responsibility on the owners as well if they did not take steps to terminate a possible pregnancy if they knew when the mating happened and if they did not take all possible precautions to prevent it happening in the first place as soon as a season was evident by keeping the dogs apart properly or a Delvo to try to stop the season [ not applicable to Spaniels I believe which are known to react badly to that jab ], and in not putting her in a kennels or to stay elsewhere if separation at home was not possible.

I was told my Gremlin was spayed [ private rescue ] but the previous owners lied as I found out when she came in season two weeks later, not ideal as I adopted Grem and Defa a day apart and Defa was entire as well [ could not be snipped before adoption due to his poor health at the time ].

Now, angry as I was at being lied to, I took responsibility for Gremlin as my dog so it was up to me to take all necessary measures to ensure she did not get pregnant as soon as it was evident that she was entire...

[ I never realised how expensive nappies were until then, mind you I got her the good ones for fit, comfort, with the tabs you can reseal for when she needed the loo, and excellent blocking qualities against randy boys :smt077
They did`nt do much for her street cred though :smt044 ]
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Sal
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10-06-2007, 08:28 AM
Originally Posted by Patch View Post
unless its in the sale contract [ signed by the purchaser obviously ], in which case depending on how its set out, they have legal recourse to reclaim a dog under Breach of Contract


When fostering some newborn abandoned kittens years ago and having been given the responsibility of homing them as I saw fit by the people who asked me to take them in, I drew up a contract stating, [ among other conditions of adoption ], an age by which time the kittens had to be neutered unless provided with evidence from a vet that any could not have the op for medical reason, and failure to comply gave me the legal right to reclaim from one day over that stated age.
I had it checked over by a solicitor to ensure it was watertight and legally enforceable.
All the adopters were happy to sign as per the conditions and all gave me proof of neuter when the kittens were old enough.
Not sure if they were more fearful of a lawsuit if not handing the mogs over should reclaiming have become necessary than of me, but it had the desired effect

Rescues also have legal recourse for reclaiming if animals too young for neuter at the time of adoption are not done as per adoption agreement same as non-compliance with any other aspect of written adoption contract including not vaccinating [ or titre testing as proof of cover ] for instance, or anything else stated by a rescue as a requirement and signed as a binding agreement by an adopter.
Breeders do have the same recourse if there is a breach of any conditions their buyers sign a legal agreement/contract for :smt001
That's fine in theory,but a puppy sales agreement is not legally binding,
As for home checks I don't have a problem with rescue's doing them nor breeders,but I will say sometimes it is impossible,especially if it's a long distance,who will care for the litter.
You can do all the homechecks,interviews etc but we can't see into the future and sometimes thing happen that are beyond our control,and dogs go through rescue or back to the breeder.
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AnneUK
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10-06-2007, 08:48 AM
Originally Posted by Sal View Post
especially if it's a long distance,who will care for the litter.
I'd assume breeders would have a secondary carer for times when they have to go out for long periods.
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AnneUK
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10-06-2007, 08:52 AM
.
Originally Posted by Sal View Post
That's fine in theory,but a puppy sales agreement is not legally binding.
Could breeders not adopt puppies out instead of selling them?
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surannon
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10-06-2007, 08:59 AM
Originally Posted by AnneUK View Post
Could breeders not adopt puppies out instead of selling them?

That would be fine in theory but then you have the problem of KC registration and also abuse of the system.

Say the registration papers show the owner of the dog as the keeper - then the breeder says "No, the dog is only 'adopted', it actually belongs to me"... it's not easy is it. Who does the KC put as the 'owner'? The law sees dogs as property.

To be honest I'm not sure I'd want a dog (especially as a show prospect) to be totally under the control of someone else. Any idea of 'adoption' is open to abuse. What if you fell out with the breeder? They could then do a 'check-up' on the dog, decide it wasn't being cared for correctly in their eyes (they can give any reason they like really) and take the dog back! That's not for me I'm afraid.

Debs
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AnneUK
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10-06-2007, 09:05 AM
Originally Posted by surannon View Post
That would be fine in theory but then you have the problem of KC registration and also abuse of the system.
KC registration isn't proof of ownership, however it would go under the new owners name.
The breeder wouldn't be able to take the dog back just because they've had a fall out with the owner, or because the dog is doing well at shows, no court in the country would allow it.
The dog wouldn't be 'totally under the control of someone else'
If the dog was obviously not being cared for or is being badly bred from that's when the breeder would step in.
If it works for rescues I can't see why it wouldn't work for breeders.
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10-06-2007, 09:07 AM
Originally Posted by AnneUK View Post
.
Could breeders not adopt puppies out instead of selling them?
I think we all know the answer to that one Anne.

Because of the costs involved in breeding a litter, unless the breeder is well-off to start with and doesn't need to recoup their expenses then I don't think anyone would breed knowing they would be giving the pups away.

I'm not sticking up for people that breed lots of litters and live off the income, just pointing out that the ethical breeder that will breed when they want to keep something and have a waiting list for the other pups wouldn't do it.

My own experience involves having the bitch injected twice during the pregnancy for canine herpes (currently £60 at my vets), have the bitch scanned for pups (currently £30 at my vets), some will have paid out a stud fee of around £500. Thats without the cost of anything once the pups are born.

I also had these two bitches previously injected and scanned thinking they were in whelp, only to find they weren't. I had still paid a stud fee and had to pay the vets fees.

I certainly wouldn't breed a litter of English Setters and adopt them out, I could just imagine what the breed club and fellow members would say about me giving puppies away. This is purely my opinion, having only bred two litters maybe I'm not experienced enough to argue the case, but I also wouldn't invest in breeding a litter if I wasn't prepared to lose my investment if anything went wrong.
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surannon
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10-06-2007, 09:12 AM
Originally Posted by AnneUK View Post
KC registration isn't proof of ownership. There's no way the breeder would be able to take the dog back just because they've had a fall out with the owner, or because the dog is doing well at shows, no court in the country would allow it. The dog wouldn't be 'totally under the control of someone else' uness the dog was obviously not being cared for.
If it works for rescues I can't see why it wouldn't work for breeders.
Then I'm not sure I understand your premise of adoption. What would be the difference between adopting a dog out and selling it outright? If the dog was obviously not being cared for (it'd have to be pretty bad otherwise you could go back to my not being cared for in the breeders eyes scenario which is then open to abuse) then surely the breeder (or someone else) could just report them to the RSPCA?

Debs
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