Complaints

• Initial Complaint

  05/04/2023

  Complaint Type:

  Order Issues

  Status:

  Resolved

  More info

  I bought a puppy that is a show/breeding prospect. I have met all the breeder requirements and yet they still won't sign the puppy title to me. I am able to provide our signed contract and proof of requirements met. I just want my dog in my name. All other contract items breeched; such as reinbursements, we can negotiate out if the dog is signed over to ** AKC and ASCA.The supporting documentation of her contract, titled work, and health clearances will be mailed.

  Business response

  05/10/2023

  First I am a hobby breeder, not a business. I mainly breed for my show hobby, but can't keep all the puppies, just the show prospects.  She came to me to buy a PET for her kids. I didn't have one available. But I allowed her to buy this dog, which we were keeping for the show ring and our program.  I told her if she wanted to have him as a pet for your family, great, but I have to be able to show him freely and breed to him as I saw fit to girls owned and co-owned in my name. After many in depth conversations about what that would entail, both her husband and her were thrilled to get such a beautiful boy and signed the contract, which states the fact that I can breed to him as I saw fit..

  I spent over $8000+ showing him and health testing him. I paid for the standard testing done on show Aussies in any breeding program.  over $400 worth of tests. I have close to $9,000 into this dog.   I have achieved 3 championships (AKC, ASCA and International)  on him proving he would be good from my breeding program.

  The contract also says that I will be able to breed up to 5 times a year (have only used him 3 times to date, not 5 times a year) for the life of the dog to any dog I OWN OR ** OWN. A natural breeding to ensure pregnancy, the girl dog has breeding 3 to 5 times to ensure you have hit the right day in her cycle.  Those are called Ties. Each natural "breeding" consists of 3-5 ties typically. Some breeders let them breed 8+ times, as much as the girl will let the boy.  We have already done 2 breedings with 4 ties each, which she was there to assist.  I also had one frozen collection with I received 3 vials from him, which is essentially 3 ties. This sets a precedence that she understood what a breeding was and agreed to the contract.  

  The problem...She is refusing to allow me access to breed as I saw fit to ensure pregnancy. She is withholding the dog from me. The only reason she is having a problem now is that she isn't making money off of him, off all the hard work I did showing him, and all the money I spent getting it done. I did all this JUST so I can improve my own show lines with him.  She somehow now wants to be a breeder and thinks I should pay for breeding when the contract states clearly, I can use him FREE for my breeding program. 

  I do now have legal representation for this matter and it is being handle. If you need his contact information, let me know.  I have spent way too much money, time and energy to get this boy to the champion level for my program for her to now withhold him. 

  
  
  

  
  

  Customer response

  05/10/2023

   
  Complaint: 20015724
  
  I am rejecting this response because: *****************, does now have legal counsel and thus I will go through that process. I was hoping we could resolve **************** point. I had mailed you, probably haven't received it yet, the actual contract. I had suggested the BBB for ** to resolve.  Regretfully, she has chosen to go a different route.
  
  Sincerely,
  
  *************************************

  Customer response

  05/11/2023

  Complaint # ********

  May 5, 2023

  I purchased a puppy with a contract from Rockhill Australian Shepherds.  I have met the contractual agreement for having this dog in my name.  Please see Page 3 #1 of the contract that the Breeder had drafted and we both signed.  There are several items I am disputing.  Of greatest relevance to me, is that I have legal custody of this dog.  He is an Emotional Support Animal and I am in the process of certifying him to be a Therapy Dog.

  I have invested in this dog; shelter, food, vet care costs; since I got it from Rockhill Australian Shepherds.  It is a part of our family and my emotional well being. (I am dealing with anxiety and Fibromyalgia.)  I have incurred shared costs in title championing and health clearances, as well.  A year's time has gone by and the Breeder has made no effort to transfer ownership, as agreed.  The Breeder has also let me know that she won't be approving any breedings of mine. I have nothing to gain financially.  My greatest concern is this dog's wellbeing and his longevity to be by my side.

  I am enclosing the contract and documentation proof (AKC CH Title, ASCA CH Title, and health clearances.)  I am also enclosing the list of items from the contract as they have been met by ***** and Breeder for your review.  *****************, Rockhill Australian Shepherds, has now informed me not to email her.  I ask for your assistance, advice, and counseling in rectifying this situation.

  Sincerely,

  *************************************

  P.O. Box 755

  *******************

  Email:   ********************

  Phone:   ************

  Business response

  05/11/2023

  I do have legal council.  You will find proof of delivery attached. She has also called there a couple times after hours but did not leave a message.  Below is his information.  ****** not to contact me threw this forum or any forum but threw my lawyer.  I am happy to answer any question BBB may have by phone.  ************.  

   

  *****************************, ESQ

  ******************************************************
  
  Phone: **************

   

   

   

  Customer response

  05/16/2023

   
  Better Business Bureau:
  

  i filed w/BBB prior to knowing of *** obtaining an attorney, I thought we were going to try other means of outside mediation instead of using attorneys.  I understand that I and my attorney are to only be in contact with ***'s attorney.
  
  Sincerely,
  
  *************************************

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩