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abbey27

Transfer of ownership issues

24 posts in this topic

abbey27   

Hi all,

 

I am really hoping that someone can help me here, particularly if you are a breeder yourself. I will try to make this short...

 

A few months ago we purchased an 11 month old dog off Gumtree. The previous owner had purchased the dog from a registered breeder. The previous owner forgot to change ownership details for the microchip. So fast forward a few months, I finally got around to printing off the transfer of ownership form, which needs the previous owner's signature. Well the previous owner is officially the breeder as the other guy forgot to transfer. So I contacted the breeder asking if they could sign the form. This did not go well. It turns out the previous owner signed a contract against reselling the dog and also saying that he must sterilise the dog before 12 months (he is unsterilised). So the breeder is refusing to transfer ownership to us.

 

Please tell me where we stand here!

1. Does this mean the breeder still owns the dog, even though we have paid for him and he is now part of our family?

2. If the dog was to become lost and his microchip scanned, would he get returned to the breeder because she is still listed as the owner?

3. Any advice on where to go from here to get him transferred to our name?

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tdierikx   

Seems the simple answer would be to have him castrated, send a copy of the desex certificate to the breeder, then the breeder will have no reason not to sign the transfer.

 

Is there any particular reason you need him to keep his equipment?

 

T.

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JRG   

NB. I could be wrong

do you know which register your dog is on?

As a registered breeder I get requests from the Central Animal Registry people to sign dogs over to people who have lost the original paperwork and the notice says that if I do not do as they request, they will transfer the dog anyway! - or words to that effect.

So I would advise you to send the form in anyway and see what happens.  You could also ring them and ask them what to do - I have always found them very helpful (although not very efficient).  Tel 03 9706 3187

Good luck!  Let us know how you get on.

 

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Rebanne   

I don't blame the breeder, I'd be furious but I would want to check you out a bit before signing anything. But in the end I would most likely sign the transfer form.

  It used to be that a letter would be sent to the owner listed by the microchip company and they had 14 days to reply. If no reply the microchip would be transferred. So send the form in and see what happens.

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abbey27   

So the issue may be purely because he's unsterilised? I will have to enquire and see if this is all she wants?

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abbey27   

Thankyou for all your replies. I will definitely give PetSafe a call. When you say to just send the form in anyway, do I just leave it unsigned?

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Scratch   

Adding to suggestions above, ask if you can provide a statutory declaration with the form outlining the purchase details. 
it’s really got nothing to do with the breeder now. You didn’t buy the dog from the breeder so any conditions from the original sale are now void. The fact that the previous owner didn’t abide by the conditions of sale set out by the breeder are nothing to do with you. 
Also, in the meantime make sure the dog has a collar ID tag with your name, number, address as if a member of the public were to find your dog, it’s highly likely they will go straight to the info on a clearly visible ID tag and contact you directly. Of course you still need to sort out the chip, and I think a stat dec will help you with that. 

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Scratch is right. Also, and I would be surprised if you don't already do it, make sure he's registered with Council and wears his Council tags.  In many places, they only scan for microchips if there's no Council tag. 

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I agree with Scratch.

But as a rescue I'd also be devastated if one of my adopters rehomed a dog without telling me (despite the signed adoption contract of returning the dog if ever needed).

I think it would be nice if the transfer is done without any animosity, that you send the breeder a little bit of info about you a nice update about how the dog is going. :) 

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abbey27   

I really appreciate the responses everyone. Yes, he is registered with the council and wears the tag. There's no animosity between the breeder and us, we have only spoken once and I was too in shock to be angry. We would be more than happy to keep in touch with the breeder if they agree to do the transfer. I guess I will see what PetSafe say on Monday. 

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tdierikx   

Are you planning to keep him intact? Or possibly breed from him in the future? Or are you planning to have him desexed?

 

T.

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Rebanne   

I hope there are no plans to breed from him. No papers and no health testing which could be a life or death matter depending on the breed

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abbey27   

No intention to breed. Will probably desex, just haven't got around to it. But this should have nothing to do with transferring ownership. And he does have papers, etc.

Edited by abbey27

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Rebanne   
28 minutes ago, abbey27 said:

No intention to breed. Will probably desex, just haven't got around to it. But this should have nothing to do with transferring ownership. And he does have papers, etc.

The dogs papers mean nothing unless they are transferred into your name. I'd be getting in touch with the breeder again as they can be a real source of information for you and if you like this boy so much you may want another down the track and the breeder may be able to help. Most people here would advise to hold off desexing until the dog is fully mature. As you have had him some months past 11 months, even if he was a large breed, he should be ready to go if you want. And the breeder more likely to sign the microchip papers. Plus the breeder has had time to digest all that has happened to one of her dogs and realised any anger, annoyance etc should be directed at the previous owner, and should work with you for the best outcome for the dog.

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Dogsfevr   

I would be engaging with the breeder ,they will be your biggest help long term on any issues you may face .

 

The breeder was most likely taken back to receive a call about this dog and the rehome .

 

Whilst the dog is yours the previous owner may have signed a contract .

The breeder can flag the microchip and you would need to prove ownership so in all honesty working with the breeder is your best tool .

 

If you don’t want too phone them email that you realise your call would have been a shock but moving forward xyz is loved etc etc and we would love your support and help going forward .


 

As to your question if lost lost yes the current person listed on the chip is the person they will call.

 

Some vets are refusing to treat animals whose chip details don’t match there client .

 

 

 

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Scratch   
46 minutes ago, Dogsfevr said:

I would be engaging with the breeder ,they will be your biggest help long term on any issues you may face .

 

The breeder was most likely taken back to receive a call about this dog and the rehome .

 

Whilst the dog is yours the previous owner may have signed a contract .

The breeder can flag the microchip and you would need to prove ownership so in all honesty working with the breeder is your best tool .

 

If you don’t want too phone them email that you realise your call would have been a shock but moving forward xyz is loved etc etc and we would love your support and help going forward .


 

As to your question if lost lost yes the current person listed on the chip is the person they will call.

 

Some vets are refusing to treat animals whose chip details don’t match there client .

 

 

 

What exactly could the breeder flag the chip for? The dog is not stolen or missing. 
 

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abbey27   

The breeder did actually tell me she was going to flag the microchip so that we couldn't transfer ownership. That's what I'm confused about, can she actually do this even though we own the dog and none of this was our wrong doing?

 

We want to work this out in a friendly manner, but the breeder was quite aggressive.

Edited by abbey27

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Diva   

Did you get a receipt when you paid for the dog? Or have any of the purchase and history in emails from the previous owner? If you do I expect that the breeder wouldn’t have much chance of claiming ownership unless they are going to claim the person who sold the dog to you stole it in the first place.  Lay it all out for the microchip registry and see what they say,  they might need a stat dec from you. 

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Rebanne   

I don't believe the breeder can flag the chip unless she takes the previous owner to court over non compliance with the contract that was in place. Did the old owner give you the microchip form or are you using a new one? Cause if it was the old one it would have been what they got from the breeder and it should have been signed by her

 

How long ago did you contact the breeder?

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