Advice needed w/ co-owner

[mingyanwong]

I have a co-owner that I am planning to drop. I have my suspicions that she is not caring for dogs in her home properly and she is trying to do shady things behind my back.
* both dogs are in my care
* she signed 1 contract, but not the 2nd
* she paid half on them
* her name isn't on registration or vet care

My plan is to send her money back and explain I am stopping co-owns for the benefit of my program.

The only issue I have is one of the dogs is a stud. The deal was he could be studded out on her end as long as I approved it. This is where I think the shady stuff is at. I believe she's sold multiple stud credits on him without my consent. I explicitly stated he wasn't to be used with non health tested females or females that lack structurally. I had turned down multiple people she brought to me due to not meeting those expectations.

How would you handle stud credits that she's sold? Do you allow them to use him still and she gets paid? Do you void it all together and it becomes her responsibility to pay them back? How do I handle this part?

 

[recuerdo]

@mingyanwong Ethically you don't allow them to use them. Doesn't really matter how it transpired, bringing poorly bred dogs into the world isn't the answer. If she didn't follow the letter of your contract, it sounds like that's her problem to get refunds.

 

[imagebeastmarkbeast]

@recuerdo Yep. If someone posted my dog on Craigslist and someone else paid for it, that’s not my problem.

If someone posted my house on Airbnb, that’s not my problem.

If OP has a contract, and the co owner sold something that breaks the contract, that’s the co owners problem.

 

[silverthorne]

@mingyanwong if she sold credits and she collected $ she's is in charge of paying back those people for services not provided.

I'd handle it be taking back the dog, documenting their condition and corisponances where she is in violation of your agreements and cut cut contact all together.

 

[mingyanwong]

@silverthorne The dog never left my care. I've been telling her for months to come pick him up and I've been given the run around. I just want to void the contract completely

 

[silverthorne]

@mingyanwong Oh that's great, yeah, send her the money back and a certified letter stating you are voiding her ownership of the dog.

The people she told could breed are welcome to come to you when their bitches meet your requirements.

 

[april_0718]

@mingyanwong This person is either a flake or irresponsible or shady AF. In any case, you don't want her to have one of your dogs. I'd give her money back and say it doesn't seem to be the right fit and you've changed your mind on how you run your co-ownership program. Any credits sold is her problem.

 

[mingyanwong]

@april_0718 That's the plan. I just had someone mention moving my program differently is not a legit reason to void a co-ownership, and they may have legal recourse.

 

[storm6979]

@mingyanwong If she didn’t pay fully like you mention then why would she have a legal claim? Did you mention a timeline for payment?

 

[mingyanwong]

@storm6979 That's just what someone else said, I didn't think she would have legal claim at all. I'm also refunding the amount she did actually pay. No because I wasn't expecting full payment.
The way my co-owns work is I split the price with them. So whatever my normal full rights cost is I allow them to pay half of that.

 

[april_0718]

@mingyanwong It really depends on what your initial contract says. My understanding is that they did not fully execute the agreement and it sounds like there could be a breach of the initial contract to boot. There are lots of angles you can approach it.

 

[mingyanwong]

@april_0718 My contract says "removal: Breeder agrees to not remove dog without reason"
Which my reasons would be... dog wasn't picked up in a timely manner, stud credits were sold without approval, and my main reason is I am discontinuing co-owns within my program. I only have co-owns with this person so I'll be voiding them all and paying only what has been paid back.

 

[jilljilljill]

@mingyanwong disclaimer: I am neither a lawyer nor a breeder. wouldn't she have voided/broken the contract with what you've described, and potentially voided/broken it again by not picking up the dog? why do you owe her any money back if she is the one who broke the contract?

 

[mingyanwong]

@jilljilljill I just want to end it peacefully. So I'm fine paying her back, but I want it done.

 

[jilljilljill]

@mingyanwong understandable. good luck. I'm sorry you're dealing with this

 

[home4good]

@mingyanwong Question, what is meant by 'stud credits'? This isn't a term I have heard that I know of, is this something outside the US?

On your question, around me I would need a good lawyer. Breaking a contract because you have suspicions and thinking there is shady stuff would bring a lawsuit and a court date. You need to make sure you have proof of what you are claiming, probably need to check with a lawyer to make sure you have good grounds.

 

[silverthorne]

@home4good It sounds like the co owner was selling or promising breedings for the future.

 

[mingyanwong]

@home4good She was selling future stud services