The Good, Bad and Ugly of Co-Ownerships
We were contacted recently by
a PPB (potential puppy buyer) new to our breed who wanted to know if
co-ownerships were common in GSMDs. Initially, we told them "a
qualified yes", that co-ownerships were an excellent way for the
breeder to make sure their puppies pass health clearances prior to being
bred. In addition, it allows the breeder SOME leverage when health
clearances are not obtained because the AKC requires ALL owner signatures
to be on each and every litter registration. Obviously, any such tactics really only
matter if whomever is breeding the dog even cares about AKC registration -
but that is another topic for another day.
As it turns out, the
particular type of co-ownership this PPB was concerned about is one that I
have disagreed with ever since I first heard of it being used by
a long time (and in some people's mind) respected breeder in our
community. It has to do with a contractual requirement that not only
forces the new owner to breed their puppy, but to give one or more puppies
back to the breeder FREE! Whether or not it is enforceable is for the courts to
decide but my feeling has always been that once you pay for a puppy (and
fulfill any requirements for breeding such as getting health clearances),
what you decide or don't decide to do is your business. Any requirement
for you to give free puppies back to your breeder is tantamount to paying for
the dog twice.... or thrice, or more!
Apparently, this particular
breeder (who shall remain nameless unless you are looking for a puppy and want to contact me privately
at michael@greaterswiss.com) was not only requiring the dog to be bred,
but that ALL the puppies given back to the breeder. Needless to say, I was appalled! I
don't see much difference in this type of tactic than I do with blackmail.
The ONLY reason a breeder would be able to get away with this tactic is
because for the most part - in our breed - demand outstrips supply. It is
one of the main reasons I cringe every time I hear a swissy is going to be
on a TV show, in a movie or featured in a publication... because it drives
up demand and as anyone who knows the laws of supply and demand will tell
you, that equates to higher prices for the puppies.
So, RUN, DON'T WALK away from
such a contract and let me know about it.
I will be glad to make sure as many PPBs in our community are aware of it
as possible.
Below is a section from the
"Contracts and Co-Ownerships" article on our
GSMD Research Page.
Don't let these fringe elements of our community throw their weight around
simply because they are greedy and/or are trying to circumvent kennel
restrictions in their neighborhood by "leasing" dogs from PPBs.
This practice in my opinion is unsavory, sleazy and unacceptable!
Michael - Webmaster GS.COM
Co-Ownerships
There are several types of co-ownership arrangements:
-
Co-ownerships between breeders and peers are quite
common and serve as a tool to expand a breeder's gene pool while
limiting the dogs in residence. Co-ownerships between breeders and
fanciers can also be maintained as a method of splitting costs
associated with showing and breeding but should never be used as a
tool by the breeder to force the new owner to give up ownership of
future litters.
-
Some breeders will sell show puppies on
co-ownerships and will not sign the puppy over to sole ownership by
the purchaser until such age where the dog has obtained the necessary
health clearances to be used for breeding. This arrangement serves to
avoid the dog being bred before the appropriate age or before
obtaining appropriate health clearances.
-
For new owners who are not interested in showing or
breeding their dogs, co-ownerships may not be the best option. If a
breeder requires a co-ownership so as to maintain "breeding
rights" on your dog, you may want to think twice. For the most
part, co-ownerships of this type benefit the person who is NOT the
primary caretaker of the dog (i.e.: breeder) . Be cautious of
contracts that sell a puppy for the full purchase price and
"require" that the dog be bred and that the breeder get
puppies back. This is a very significant hidden cost to the new owner.
Some unscrupulous breeders set up "puppy pyramid schemes"
with new owners with a profit motive in mind. You should NOT BE
REQUIRED to breed your dog!!! Breeding a litter of puppies should be a
carefully planned event. It requires an enormous commitment of energy
and time, not to mention the responsibility of finding suitable homes
for the puppies. The most unfortunate consequence of these types of
co-ownerships is the focus on breeding rather than the many other
aspects of dog ownership. Think long and hard and consider all
consequences of getting involved in a co-ownership of this type.
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