WA Can a Dog Breeder take a dog back

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Shawry

Member
1 July 2020
2
0
1
Hi,

2 years ago my family and i were given a dog from a breeder who was a friend of a friend.

The person that gave us the dog was a certified dog breeder and gave us the dog for free and just requested that when our dog went on heat she use her to breed a litter of puppies and that she would take ONE of those puppies for giving us the dog.

So over a year went by and our dog had been on heat multiple times. We had tried multiple times to contact the breeder with no luck and had left multiple messages but never heard from her.

It is now 2 years after we were given the dog and the breeder has contacted us to say she wants to now have a litter of puppies using our dog but she is now demanding we give her the whole litter of puppies or she is threatening to come and take the dog back. She is trying to say that she just leased us the dog and never gave it too us and that the dog is rightfully hers and unless we agree to her terms she is going to come and take the dog back.

I have owned and raised the dog since it was 6 weeks old. it is part of my family. i have 2 young kids that have grown up with the dog also.

My question is -

Can The Breeder Do This?

Does she have any legal claim to my dog?

What is the best thing for me to do?

Thank you in advance for your time.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,578
694
2,894
Sydney
She says you leased it.
You say it was a gift.
What evidence do you have of what The Original Deal Was ?

And no, she can't just enter your land and take the dog.
 

Shawry

Member
1 July 2020
2
0
1
We don't have anything in regards to the original deal.

She gave us the dog with the papers for the dog and that's it.

Now after 2 years is the first time we've heard from her.
 

rjm

Well-Known Member
2 February 2020
92
7
314
Hi Shawry. You said she gave you the papers. Has she signed the transfer section? Doubt you'll be that lucky, but if yes then get it changed into your name.
If the dog isn't yet micro chipped get it done ASAP. Also make sure it's registered with the council.
If keeping the dog is your first priority then get it desexed. There's enough dogs in the world & if you're a good dog owner you'll discover what a nightmare it is trying to find good homes for them.
If it's desexed it's no use to her. If you don't get her desexed & don't breed with her they can end up with a nasty infection, nearly lost one of ours because she got to middle age & we hadn't desexed.
If you decide to battle it out & not desex her, don't leave her in the backyard when you're out. She'll most likely disappear. The police are unlikely to help, they'll say it's a civil case.
Good luck