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APRIL FOOLS’
CONTRACTS
How good is
your contract? The AKC Registration Department said if they get
an application to register a dog believed to be out of AKC
registered parents, they will register it, despite any contract
between the seller and buyer. Whoa!
There was no way to “limit” him on the certificate and I hadn’t
thought to have a contract ready when the out-of-state family
arrived. In a hurry and sure there was a quick solution, I
called AKC Registrations and the very nice supervisor I worked my
way up to said what has been overlooked or ignored since all the
rule changes began to happen. Here's the bottom
line:
AKC does not honor
Buyer-Seller or Co-ownership contracts if there is a
dispute, AKC only honors court
decisions.
But it could!
Motor Vehicles, Deed Registrars,
Title Companies; all honor Certificates Of Title and
transfers recorded on those documents. That is what an AKC Registration Certificate used to be. Now it is a
worthless piece of paper, not a title or certificate of
ownership!
We receive dozens of emails like the one below, all of them
disheartening to the parties involved. We have hundreds of such
documents on file but first, let me prove the point with three
out of three personal examples.
One of the most significant is the well-documented Haddad case
in which no amount of pleading or threats could stop AKC from
registering a litter from a puppy bitch I had sold to Mexico. By
chance, I learned the bitch had been bred or “used” to falsify
an O’BJ litter out of a surrogate bitch when a prospective Akita
buyer contacted me for background on a young show dog she was
interested in. As breeder and seller of the dam, I knew she was
too young to have whelped a litter and in fact, had been
returned to me at 11 months and thoroughly vetted.
My call to AKC and started a chain of events which revealed
major differences between the two registries. I called Thelma
Von Thaden, President of Mexico’s Federacion Canofila Mexicana,
who in turn worked with Pamela Mathews, a department head in AKC
Registrations. The Mexican Kennel Club B.O.D. refused to
register the litter even though attorneys were “lined up in the
hallway” the morning they met to decide on the matter.
Conversely, AKC instructed Ms. Mathews to register the litter.
In one phone call, a pompous, sputtering, embarrassed VP
actually blurted out the excuse that “AKC has no reciprocity
with Mexico”!!
In another case, a co-owned bitch was bred (too young) and
without my knowledge. A friend called to tell me there was an ad
in her local newspaper. I called AKC. The blue slips were so
obviously forged, the lady in registrations took it upon herself
to check for a previous litter. There was, and the microfilm
showed even more preposterous forgeries plus a terrible lapse in
AKC oversight for having ever registered the first litter out of
an underage dam.
April Fool! Both litters stood as registered despite inarguable
proof that my signatures had been forged over a dozen times. Not
only that, the litters were sired by a male with only one
testicle descended, which was why I replaced him with the bitch
puppy I had kept for myself! No doubt, some of those inbred 15
puppies grew up and were bred from, thus spreading the gene even
further.
Why am I sharing this? It just seemed like the right time of
year to do so. And because the following email is so well-stated
and
representative of those we received from readers.
“I learned a good lesson 10 years ago when I sold a male
puppy on a neuter contract that specified the puppy was to be
neutered within 2 months of the sale and withheld the papers.
Four months had passed, and the owner's veterinarian directed
his staff to not discuss the matter with me on the phone, so I
hired an attorney and sent a letter to the vet advising him that
legal proceedings would include him for attempting to violate
the terms of a written contract. My attorney sent a letter to
the owner threatening to file for court proceedings within 10
days for failure to comply with the written sale agreement. She
had the dog neutered and sent confirmation to the attorney.
“Since that time, I will never send a puppy or adult out to a
new owner until I have first had the dog spayed or neutered
first and allowed sufficient time for recovery. While AKC's
provision certainly opens the door for contamination of a
genetic pool with dogs that may carry serious genetic defects,
and they should know better, frankly WE SHOULD ALL KNOW BETTER
than to assume that John Q Public will honor an spay/neuter
contract or even cares if they ever get papers.”
Patricia McCann
The message is clear. He who depends on AKC to honor a
Buyer/Seller or Co-ownership contract is a Fool.
Barbara J. Andrews, Editor
AKC strongly discourages co-ownerships. According to this
cautionary warning on the AKC website,
http://www.akc.org/reg/contract.cfmcurrent
3/26/09, if you enter into any kind of contract with a dog
person, you’re on your own. Here’s what AKC says about
contracts.
“Many AKC-registrable
dogs are bred, sold, or transferred on the basis of certain
conditions, restrictions, or understood agreements between
the interested parties. Some breeders sell their puppies on
Spay-Neuter Contracts, which require that the dog be spayed
or neutered by a certain age. Others enter into co-ownership
contracts with new owners or into Stud Contracts with the
owner of a male dog. Some dogs are sold with the agreement
that they will be shown to a certain level of achievement in
AKC events.
”The AKC does not and cannot enter into arbitration when an
understanding between buyers, sellers, or co-owners goes
wrong. The AKC will abide by the decision of the court if
the case is litigated. We advise that all contracts be
thoroughly examined and understood before the transaction is
completed. For more information, see our
Procedures for Registration Matters.”