Someone could tc the plant, yes. Sure the value would drop, but anyone who would do this is looking to turn a profit by selling the tc's. From Alttara's wording, I am assuming she would not be happy if the buyer tc'ed the plant. It wouldn't reflect well on the buyer's reputation, either. This is a touchy topic...some people have strong opinions - on both sides of the fence.

Personally, I try to honor the wishes of the originator. I think that is the ethical thing to do unless for some reason there are other factors involved- for example, if the originator is dead.

If there is a really special hosta that I want to make absolutely sure isn't tc'ed, then I limit its distribution to those whom I know well and trust.

Another option is to use a plant agreement, such as the one I've written below. It isn't a legal contract, but may still be helpful in making vlear that you want to reserve the privilege of naming, registering, and marketing a plant which you've originated. Don

PLANT AGREEMENT

Name of Plant _________________________ Date_____________________
(if named)

The following agreement is based upon a mutual trust between me as a plant grower and another person who is the originator of this plant. I will abide by its provisions to the best of my ability; however, this is not a legal contract.
__________________________________________________________________

I realize this is a new plant cultivar and understand the originators interest in protecting the plant from division, propagation, and public distribution. Therefore, I agree to grow this plant in my own garden and to appreciate it for my sole enjoyment. I understand this is a new or unusual introduction and that the originator reserves the privilege of naming, registering, and patenting the plant if he so chooses. I also realize this plant is not for sale to the general public and that the originator reserves the opportunity to market the plant, if and when he so chooses. In light of this, I will not offer a division of this plant to any other individual as either a sale or as a gift, but will aim to retain the plant in my possession unless permission is granted by the originator. If at any point I have no interest in continuing to grow this plant, I will return it to the originator.

I agree to allow the originator to inspect and evaluate the plant, by appointment.

I understand this agreement is for a period of ten years from the date listed above, at which time this agreement between the grower and the originator expires.

Description of Plant_________________________________________________
__________________________________________________________________

Name, Address, and Phone of Originator_______________________________
__________________________________________________________________
__________________________________________________________________

Name, Address, and Phone of Grower__________________________________
__________________________________________________________________
__________________________________________________________________

Don-

That form would certainly be a heads up regarding your intentions for the future of your plant. If I had any plants that were really unusual, I most certainly would only share them with very trusted friends. However, by putting a plant up for sale on a public auction site, to the general public, for ANYONE (good, bad or ugly) to bid on is a bit chancy, IMHO. The $$$ doesn't say anything about being subject to "conditions" of the seller.

-Babka

99% of the peeps who want to spend that kind of money... want something unique ... that would be defeated by multiplying it for sale ...

THIS IS THE THING THAT TARNISHES REPUTATIONS.. AND RUINs FRIENDSHIPS ...

the other 1% are just evil ...

ken

I have several Hosta that are OS that are also available in TC. This makes them valuable to me, but perhaps not to alot of others. I have a couple that I purchased from the originator and he isnt going to make them available until possibly this year. I know id NEVER be allowed at his home again if I did something like try and TC his 'babies". In truth I have way too much respect for the man to do something like that. Of course thats one persons opinion.....
Dave