Update on the Buck with dumb owner...**UPDATE**

[Peep_Show]

Well, the best thing is to get any agreement in writing. Written contract trumps oral contract every time, especially in court.

 

[Queen Mum]

Your contract was for a breeder's lease and replacement value; there was nothing in there about purchasing the animal outright. That is not part of the contract as it's not a lease option to buy. The only valid reason for you to send a check for $200+ is IF something happened that rendered the animal useless (i.e. death, mutilation, contagious disease).

Let's liken this situation to something tangible of, oh, say, art. The Deadbeat Museum has a painting that you'd like to display in an exhibit for awhile. You agree to a renters fee of $50 and a replacement value of $200 should something happen to the painting. You are entitled to display the picture to your heart's content. It's a nice picture. You like it. In fact, you find out your grandmother painted it. At the end of your period of rental, you want to keep the picture. NO! That would be depriving the person of their property. The bottom line, it IS their property. Just because you want it and it is in your possession does not mean it's yours. Should the picture perish in a fire or get stolen, your contract makes the Deadbeat Museum curator whole per contract. Keeping picture because you covet it is rather unethical, no matter how much you dislike the Deadbeat Museum's curator who doesn't keep a tidy museum and doesn't have near the appreciation of the painting as you do.

Per contract law, you need to return the animal in same or better condition than when you received him. Sorry. Not the answer you want to hear. Document all the care you gave the goat, whatever you paid for medications, etc., and chalk it up to the cost of doing business to maintain the animal to your satisfaction. When you return the animal, play nice to the owner and offer to buy it then when the animal is back in her possession and when she says "NO!" ask her to keep you in mind. But do not act like you're entitled to the animal or you will have no chance in heck of her ever doing business with you. Situations change and in the future she might become desperate to unload the animal....and if you leave the door open, you might get first dibs.

Having run breeding contracts in both goat and horse circles I can tell you it's a small world and integrity is everything. Take the high road. You did right by the goat while it was in your possession. Do not create a situation where you have to defend yourself (especially in court). Those that have to deal with Madam Deadbeat have her number and really won't pay much cotton to what she has to say if they've had half the headache you have in their business dealings with her. And, please, don't attempt any payment-in-lieu shennanigans unless the animal is damaged OR both sides agree to the purchase. Holding onto an animal while waiting for her to perhaps cash the check (and especially if she doesn't) just reeks on your part. Play it fair and square. You'll probably win in the long run.

That is a VERY good illustration of what breeding contracts are all about. I agree totally.

 

[Stacykins]

*cough* too bad the vet can't give him a buck vasectomy. So he's still got his obvious jewels, but no fertility.

But I do agree that she has the upper hand. It sucks, but you just gotta let him go, or else she may try to ruin you in court.

 

[Brown Chicka Brown Cow]

Your contract was for a breeder's lease and replacement value; there was nothing in there about purchasing the animal outright. That is not part of the contract as it's not a lease option to buy. The only valid reason for you to send a check for $200+ is IF something happened that rendered the animal useless (i.e. death, mutilation, contagious disease).

Let's liken this situation to something tangible of, oh, say, art. The Deadbeat Museum has a painting that you'd like to display in an exhibit for awhile. You agree to a renters fee of $50 and a replacement value of $200 should something happen to the painting. You are entitled to display the picture to your heart's content. It's a nice picture. You like it. In fact, you find out your grandmother painted it. At the end of your period of rental, you want to keep the picture. NO! That would be depriving the person of their property. The bottom line, it IS their property. Just because you want it and it is in your possession does not mean it's yours. Should the picture perish in a fire or get stolen, your contract makes the Deadbeat Museum curator whole per contract. Keeping picture because you covet it is rather unethical, no matter how much you dislike the Deadbeat Museum's curator who doesn't keep a tidy museum and doesn't have near the appreciation of the painting as you do.

Per contract law, you need to return the animal in same or better condition than when you received him. Sorry. Not the answer you want to hear. Document all the care you gave the goat, whatever you paid for medications, etc., and chalk it up to the cost of doing business to maintain the animal to your satisfaction. When you return the animal, play nice to the owner and offer to buy it then when the animal is back in her possession and when she says "NO!" ask her to keep you in mind. But do not act like you're entitled to the animal or you will have no chance in heck of her ever doing business with you. Situations change and in the future she might become desperate to unload the animal....and if you leave the door open, you might get first dibs.

Having run breeding contracts in both goat and horse circles I can tell you it's a small world and integrity is everything. Take the high road. You did right by the goat while it was in your possession. Do not create a situation where you have to defend yourself (especially in court). Those that have to deal with Madam Deadbeat have her number and really won't pay much cotton to what she has to say if they've had half the headache you have in their business dealings with her. And, please, don't attempt any payment-in-lieu shennanigans unless the animal is damaged OR both sides agree to the purchase. Holding onto an animal while waiting for her to perhaps cash the check (and especially if she doesn't) just reeks on your part. Play it fair and square. You'll probably win in the long run.

I completely agree.

 

[Catahoula]

Like I said the purchase agreement was made over the phone. Then she apparently called and bad mouthed me to some other breeders who said to take me to court. Its funny because I guarantee she didn't mention her plan with her does. Or that his collar was to tight, or how he was thin. But tahts fine. I can be the bad guy. The last moron like her I dealt with was out of business withing a year or so. She will learn the hard way. We are going to discuss possible purchasing of him. I plan on having her sign an agreement for $250 like we discussed and I will have him gone by Jan 1st like had been discussed at a different point. Along with having a witness there to sign also. I will be putting in some calls to some animal welfare people also. I have been istructed to do so by a vet. He's going back thursday and with any luck her does won't come into heat. I didnt bad mouth her animals or really. I just told her the facts that she doesn't know what she is doing. She needs to learn how to properly care for them before she should be breeding.

Good Luck!