Advice needed

[erykah1310]

Here's the situation, a friend of mine obtained a dog from an "aspiring breeder" who wanted her dogs in "foster" as she basically has lost intrest in breeding but spent a lot of money to purchase these dogs. So the deal is, you can have the dog, she gets to breed the dog to make money back ( no health testing what so ever) sells the litter to the first person who shows up with money and then you can have the female back with the papers to do what you want with
Here's the scoop, my friend can not keep the dog but does not want to give the dog back to the "breeder" there was no written contract, it was all verbal. She is working very hard to find this dog a good home but wants her spayed as there are MORE than enough dogs of this breed in the area and variations of mixes going through our local "no kill" shelters ( another rant for another day) She is thinking of telling the "breeder" she has lost the dog or some other story. I asked if she knew the last time the dog was in heat and she said she has no idea as she has only had the dog for a little while. I told her to see if she could get her spayed and claim she had Pyo and tell the breeder that it was a matter of life or death. I know the "breeder" wont want anything to do with her anymore if she can't make some money back for her.
Legally is there any reprocussions my friend can suffer if she goes ahead with any of this? Or does any one else have any other idea?

I met this dog and fell IN LOVE with her which is odd as she is a breed that typically doesn't attract me much. But this girl is the sweetest most willing to please young dog I have ever met.

[hazelrunpack]

Legally, who owns the dog now? Did your friend pay any money for her, or just take her in?

[Shaykeija]

Would this breeder have Yorke's,German Sheppard's or boxers?

[erykah1310]

None of the above Shay, its not one of the ones near the puppy mill, who breeds yorkies out that way? I know of the GSD and Boxer people... is the mill people into yorkies now? Last I heard they were doing JRT's, Papillons, Chi's and of course the Bolonkas ( but I'm not seeing as many of those ads on kijiji anymore.
Hazel, I am not even sure who would technically own the dog, its at my friends house and no money or anything was exchanged

[hazelrunpack]

I think that question might be what I'd look into--who might make a legal claim on the dog. There would be no legal consequences to the spay if legally your friend owned the dog. And if she's housing, vetting and providing for the dog's other needs, your friend could well be the owner at this point. But to be sure, she might want to consult with a lawyer.

[Choochi]

Did the breeder keep any paper work i.e. pedigree? From a legal point of view I see it just coming down to who owns the dog, the breeder or your friend? If the breeder has any legal claim to owning the dog your friend could be in trouble if the breeder finds out the truth. At the very least I imagine she could sue for damage of property? Then ask to have the dog returned (legally) and try to resell her.