Contact the breeder. Some money will be lost, if not all.
The breeder will have to re-deworm, etc - and will go through some expense of finding the pup a home. I get it, it is business, but some breeders are more responsible than others.

A friend bought an air mattress from Walmart. Well, guess what, Walmart does not allow for air mattresses to be returned, only exchanged..mainly to prevent people from using them for the time it is convenient and returning when no longer needing one.

True story - we were at Walmart yesterday. The analogy - full refund should not be offered to prevent people, responsible or not -and I am sure you were - to get an animal and to decide later it is not working out...while the pup is growing and getting less and less adoptable by a day.

And OP, I have seen your message on at least 2 more websites...out of curiosity, why not contact the breeder as well? It is almost like you are preparing for a battle, and want to you know your options up front...maybe you will be pleasantly surprised and the breeder will give you a partial refund?

Unless, of course, you already talked to the breeder, and now trying to figure out where you are standing

We do not expect not to get a full refund. I understand your analogy and I understand Walmart not taking the mattress back but I could sell it to someone else. The problem is that the breeder will most likely not offer anything. We have some interested people and would like to know if we can sell the dog to them without breaking the contract. We would give the breeder a chance to match the offer, though.

Yes, I have posted it on a couple other sites as we're trying to figure out what to do and get advice from as many as possible.

And yes, the first thing we did was contact the breeder. We just got a hostile and unhelpful response from them today. This is what prompted my posts.

We really are trying to do the right thing.

Well, it does sound like you are doing the right thing. I think one see merit to both sides of the story.
Whatever you decide to do, I hope the pup is in the good hands :)

"out of curiosity, why not contact the breeder as well? It is almost like you are preparing for a battle, and want to you know your options up front.."

"Our breeder thinks we're obligated to just give it back."

WalMart won't give a refund, but they also don't insist that the purchaser return the mattress to their store for nothing.

& the reason they won't give a refund may have something to do with health regulations;
they may not be allowed to re-sell a mattress (like they can't re-sell bathing suits).

I'm curious as to whether opinions would change is this were a rescue. I know that many rescues insist that dogs be returned to them and don't give a refund after the first 4-6 weeks. A returned dog will hopefully be re-adopted and an adoption fee paid again. Do you have the same objection to *money* in this instance and would you then tell the person to forget returning the dog to rescue and to find the dog a "good home" on their own? How did that work out for Ellen Degeneres?

Is a breeder not worthy of the same consideration one affords a rescue? Perhaps the breeder, the person responsible for bringing the pup into the world in the first place, wants to be the one responsible for finding the dog a good home? I'd stash my unwanted air mattress in the attic or resell it to the Son of Sam without a moment's hesitation, but we're not talking about real estate or air mattresses.

The breeder will have to feed the dog, provide vet care and continue any training and socialization. The now older dog will be harder to place. The breeder is expected to eat these costs?? Exactly how much $ do you think the ethical, responsible breeder makes per litter???

Of course, the argument can be made that the breeder already screwed up once by selling the pup to ricka23 the first time and shouldn't get another chance to pick a "good home"

Good heavens! This is getting so blown out of proportion.

The OP asked a legit question and based on the info from the contract ("Should the dog ever be offered for sale, given away or otherwise disposed of, the seller has the first rights of refusal") the OP has done what is required.

If one reads the quote carefully it states they want refusal whether the dog is being sold or given away. Since the owner prefers to sell the dog she only has to tell the breeder what an interested party is willing to pay. Based on the breeder's response so far, my guess is she's not a very reputable breeder.
IMO, the owner can move forward with finding the dog a new home.

I've been in a similar situation.....had a pup for 6 months, DH got transferred to Hawaii, I refused to put pup thru 4 months of quarantine, so I called the breeder. I didn't expect money back since the dog was so much older but she helped me find him an excellent home in a short period of time.

Regarding the money paid for rescue dogs: that money is considered a donation and I don't know of anyone that would ask for return of a donation.
Rescue groups often pay to get an animal out of a shelter, have it vet checked, vaccinated, neutered/spayed and in some cases paid for hospital care.
I've fostered and volunteered for a large rescue so I know these groups rarely, if ever, make money.
Comparing rescue to breeders is like comparing apples to oranges.

You do not have to just give the dog back. First right of refusal means that whatever price someone is willing to pay you, the breeder must be informed and has the right to pay that amount to get the dog back. To protect yourself, get an agreement in writing from the person you find that wants the dog, specifying the price. Maybe have it notarized too.

And kudos to you for realizing you are not equipped to deal with a dog, and are doing your best to find it a home.

Thanks so much to annz and weed30. It's very surprising how many people can judge you when they know nothing about you.

Just looking for some helpful advice so that all parties are happy (including the dog).

annz, trust me when i say I understand how little money rescues have to work with. However, I've also become very good friends with two breeders who also volunteer in the same rescue organization and I was shocked to find out how little money (as in none) they make.

sylviatexas made the point that the breeder shouldn't expect to make money again and that's what i question. Certainly when rescue accepts a returned dog, that dog doesn't have to be spayed/neutered again, hopefully won't need to be brought back to health again etc and so costs are minimal the second time around. No where in our contract do we state that the fee is a donation - it's a fee. the fee is designed to help cover the cost of keeping the dog and certifying the dog as healthy while we try to find it a home, but it is a fee. Breeders charge a fee for their animals as well and this fee is designed to help cover the cost of health certifications of the parents, prenatal care and care of the pups.
Just seems that people are awful quick to label every breeder a dog pimp. There are ethical breeders out there and utilizing the services of a fantastic hobby breeder is in no way the same thing as consigning a shelter dog to death.
I don't particularly have a problem with returning the dog - much better he go to a new home where he'll be wanted and loved. I just don't see why someone who returns a dog because he changed his mind expects to receive a refund...any refund at all.

forthedogs - we NEVER asked for a refund

So what was the "hostile and unhelpful response" received from the breeder if you didn't ask for a refund to "recover some of our money"

I don't know why I'm bothering to ask, since you've indicated here and in other forums that you're concerned only with legality and not ethics.

It included things like coming to our house with an attorney to pick up the dog. Demanding to have the dog back at a certain time. One word I should have used to describe it was "weird". Our contact with them before that had been normal.

Seriously?!! These people sound a bit crazy! I would cease contact with them other than to send the information on what a third party is willing to pay. Send it registered mail.

Don't let them bully you with threats and attorneys. Keep a log of your conversations up to this point -- times, what was said, etc. Keep a paper trail too. They sound crazy enough to try and sue you for not just handing them the dog back.

It sounds to me like the breeder is being responsible. Although how she let the pup end up in OP's hand does not say much good about breeders judgment.

I bought my pup from a breeder, she also has the right to the dog before I give or sell to someone else. To me that is what a responsible breeder should do. A responsible breeder does not merely sell dogs, but makes sure that should the person who bought the dog decide they no longer want it, the dog will have a home and not end up in a shelter somewhere. My breeder does not even want my dog staying in a kennel, she told us that whenever we go away to bring the dog back to her so she could care for it.

A reputable breeder recognizes that they are responsible for bringing the dog into the world and does what they can to make sure the dog does not end up homeless.

There are too many people like OP out there who don't think before they act, and treat animals like they are disposable. If I were the breeder I would do anything in my power to get my dog back from OP. I would not trust OP to find a decent home because it is apparent that OP has no clue what a dog requires.

"In fact, it sounds to me like the breeder is *very* unethical, trying to sell the dog & then get it back."

Of course none of us know what the breeders real motivations are, but could the breeder actually be looking out for the dog's best interests? Perhaps he/she, like rescues, wants to insure that the dog goes to a good home and is not passed along to an inappropriate environment. That's the reason why most rescue groups include language (with much more clarity) in their contracts. Rescues usually require the dog be returned to them if the adopter decides not to keep the dog. That's for the dogs safety and no rescue wants dogs to be returned, but they do feel an obligation to ensure good homes for their dogs and have more experience in screening applicants.

I have to say that it's refreshing that you read and feel responsible to the contract. Why not chalk the money up to learning and simply return the dog to the breeder? I don't mean to sound unkind, but dogs aren't 'try and buys.'

"There are too many people like OP out there who don't think before they act, and treat animals like they are disposable. If I were the breeder I would do anything in my power to get my dog back from OP. I would not trust OP to find a decent home because it is apparent that OP has no clue what a dog requires."

Exactly

Ditto what weed30 said.

Having a contract with an adopter/buyer does NOT guarantee the pet will be returned. I've seen too many cases where the rescue discovered dogs, that they had previously adopted-out, sitting in shelters and vets calling the organization because the owner wants to euthanize the pet. Believe it or not, adopters are often too embarrassed to admit they can't keep the pet and choose the options I mentioned.

I don't understand posters taking the breeder's side when they know nothing about her. She could easily be a puppy mill broker and just wants the dog for another sale.
Some rare dog breeds in this area easily go for $3000. Would all of you who say just give the dog back be willing to forgo that amount of money?

At least the OP is trying to figure out their options and what is best for them and the dog. If the breeder is a puppy mill broker, her goal is not going to be finding the pup a good home. If she were a reputable breeder, she'd either match the offer of the interested parties, make a lower offer, or help in finding the dog a home.

I don't think that they are a puppy mill broker. However, I think they may be kind of nuts. Remember, we're not asking anything of them. This is a small Havanese dog so it is a rarer breed. We didn't pay $3000 but it was a lot.

Yes, we made a mistake. Can some of you get past that? Maybe you need to scroll up to review the original question. Once again, we're proactively trying to do the right thing, but all some of you care about is throwing insults. You're like children.

Again, I appreciate the thoughtful posts out there (even if you think we're doing the wrong thing).

This thread is sickening. All this bickering over "ethics" and money....meanwhile this poor dog is going unloved. Obviously the breeder didnt care about the dog or they wouldnt have sold to these people. The OP does not seem to care about the dog only it's dollar value. This is such a sad situation for this poor dog. I hope it finds a home deserving of it's love. I't surley deserves better than this.

Is anybody listening? The dog is fine. Some of you are being so ridiculous. Gotta go...I have to go get the dog out of the dryer.

What did you tell the breeder when you contacted her?

From the little bits you've posted, the contract sounds like you are dealing with a responsible breeder. It hasn't been written with the intention of reselling the dog over and over when it is returned. She's looking out for the welfare of the dog by accepting the responsibility of finding it a home she feels is suitable. It's the backyard breeding pet peddlers that don't do this.

Did you let her know you found a good home for the pup? When tempers subside, perhaps she would be willing to go through the interview process with those people to be comfortable with the home. She might already have a client in mind of her own for the pup. She's going to want to contract with the new people taking the pup so her involvement is necessary. I don't feel like it would be fair to her to resell/rehome the puppy after just a month and not have it be under her contract. It was her intent to only sell the pup with a contract. There is probably a lot of language in the contract about the health and care of the puppy. Since you are not seeking a full refund, maybe you can come to some kind of agreement about her recuperating some of her expenses and you receive the balance.

There isn't anything she can legally do while the dog is in your possession so you do have some grounds to try to resolve this. You both obviously made a mistake. If I were the breeder, I would try to work with you by finding a home for the pup and reimbursing you from the reselling fees. I wouldn't want you to have my pup if you weren't thrilled with having him! I give you credit for at least admitting the mistake early enough so someone else can adopt a puppy and not a full-grown dog. I hope you can both work together to find an amicably solution for the dog. I'm sorry it didn't work out for you.

Here you go!

Definition (1)

1. Contractual right under which a seller must give a party (such as a partner) an opportunity to match (within a specified timeframe) a price at which a third party agrees to buy a specified asset (such as a certain number of shares), on the same terms offered to the third party.

I looked it up. Unless the contract is more specific, it looks like she has to match whatever price you've gotten from another buyer if she wants the dog back. You might want to have an attorney look over what you've signed.

Thanks kittens. Yes, I would say they probably are a responsible breeder. They previously did offer to try to find a home for her but wouldn't guarantee they would charge the new family anything. We were already to drop her off today when we got the weird, nasty email. All trust went out the window then. We would like to recoup some of the money.

We have a couple interested families but they haven't committed yet.

And, yes, that's how I understand the contract too.

Some of you need to get off of your high horses. The nasty comments and assumptions about the OP are really uncalled for. The OP realized he/she can't properly handle a dog, and is doing his/her best to find her a new home. The fact that the OP would like to recoup some of the money spent...well, I would love to see some of you holier-than-thous in the same situation.

weed I would never be in the same situation. I do my research before I make any major decisions, which include adding another member to the family. I do not go out all willy nilly and buy a living breathing animal on a whim. It irritates the H$%% out of me when I see others do so.

I have made no assumptions about OP. I learned everything I needed to know by the post. "we decided dogs weren't for us"...says alot about a person.

That poor dog who was taken away from his family and put with someone unworthy now has to find a new home. That is traumatizing for pups. Not to mention who knows what kind of training or lack thereof was provided by OP. The poor puppy may have all sorts of problems now because of OP's irresponsible behavior.

OP should be thanking the breeder for fixing OP's mistake. Not haggling over how much she can recover. If OP cared for the dog, OP would give it back to the breeder.

I'm familiar with the term, but is that one sentence the only mention of the terms in how they go about exercising that clause? I went to numerous other sites of breeders who stipulate that in their contracts, and of course most of them have that written in the terms, but many of them spell out specifically in what manner they expect the parties to proceed.

Some of the sites say that the original purchaser will be reimbursed minus the cost of boarding and other expenses incurred while finding a new placement. To me, that suggests that if that is the premise they work under, that they won't know how much you'd be reimbursed until it is placed. That means no money would change hands until that time. So, if that were the case.........no they'd not have to give you money immediately, nor would they be required to pay more than somebody else might.

I suspect both parties here had a knee jerk reaction and jumped to conclusions about the other. They might assume you know how it works (if they operate like some of the other advertising breeders), and the OP might suspect they want the dog back for nothing. Neither may be the case.

What I would do if I were in that situation is swallow my pride, contact the breeder and suggest you both start over fresh and communicate. Find out specifically if they intend on putting the dog up for sale (it may be their option legally). The contract should be as binding for your protection, as it is theirs and the dog's.

I commend you for trying to do the right thing. And I also understand the breeder's side of it. I have no legal training, so my viewpoint on this is worth what you paid for it. I'm concerned, however, that being a breeder they might have a better grasp on what they can and can't do than you. If you choose not to re-establish communication with the breeder, you may want to call an attorney to be sure you aren't breaching a contract if you proceed with a sale.

Thanks for the response Calliope. Yes, that's all it says in the contract about that. I also have seen more detailed contracts on the subject. As far as the breeder having a better grasp, I don't know about that. We've had so many conflicting statements from them that I'm not sure they know what they're doing. I don't know if you read the whole thread but we were all ready to swallow our pride. Today, in fact, I had planned on taking the dog back to them. However, we received a mean-spirited response from them yesterday which changed our intentions. In that response they stated there would be no new contract between us (which contradicted what we had been told days earlier).

Also, if the breeder were to take her back to resell her I totally understand them taking any fees they incurred out of the sale money they transfer to us. However, we're not asking them to do that or anything.

In regards to the post before that and several others saying the same thing...the feeling is that if I cared about the dog I wouldn't worry about getting any money back. The same should be said about the breeder. If they cared, why don't they give the money back. I never expected them to but that's where the logic of your argument goes but people don't seem to see that. They're too busy demonizing us.

You know, you might be to the point where you should consider calling an attorney if there is that much waffling going on. It would help you find out your legal footing, and perhaps they could extract from the breeders a firm answer about their expectations.

Maybe I'm unusual, but I'm a business owner and have used them when needed. Oftentimes it's cost effective in the long run and I sleep better at night. This is a legal question........nothing more, or less.

Legal questions like yours are often answered for free by volunteer lawyers at the Courthouse.

You said "In regards to the post before that and several others saying the same thing...the feeling is that if I cared about the dog I wouldn't worry about getting any money back. The same should be said about the breeder."

But said previously
"They previously did offer to try to find a home for her but wouldn't guarantee they would charge the new family anything."

Looks like the breeder isn't concerned with selling and reselling the dog, but also doesn't feel you're entitled to any type of refund.

A few more things to consider ... assuming you are dealing with a breeder who truly wants what is best for the dog and for the breeder.

This breeder will have planned the breeding and found what s/he considers appropriate homes for the pups. Buyers will have filled out a questionnaire, often extensive, to help the breeder match the pup to the correct home. Yes, breeders make mistakes, just as buyers do, and so I would not judge the breeder for selling a pup to OP who has since decided a pup is not correct for her. Regardless, the breeder should be experienced in matching needs and personalities. Therefore, she really should have the opportunity to decide where the puppy will go.

You say it is a fairly rare breed. Having a fairly rare breed myself, I know that breeders often have waiting lists for puppies. In that case, it would be somewhat unfair for you to sell the pup to someone else, when there are people who have been waiting for one from this breeder for who knows how long.

If it were me, I would return the puppy to the breeder and let the breeder know of the people who are so interested. I would ask, nicely, if the breeder would be able to return some of the money I paid once she resells the puppy. If she says no, I would chalk it down as an expensive lesson learned on my part.

I do not in any way see that this breeder is trying to make money by reselling puppies. A good breeder selects homes for the puppies and keeps track of them throughout their lifetime.

FWIW, I know of a situation where a dog was turned in to the local shelter because the owners were moving and couldn't take the dog. The breed rescue group found the dog and was able to contact the owner. The lawyer for the shelter agreed that because of the contract between owner and breeder (similar to what OP has), the dog legally belonged to the breeder once the owner gave it up. I am not a lawyer but it seems to me the same is true here.

Sorry, I mis-wrote in the example I gave above. Dog was turned in by owner, rescue group contacted BREEDER. Lawyer said dog belonged to breeder, having been relinquished by owner. Sorry for the ooops.

Based on the language you posted, it looks like the classic right of first refusal language. If you plan to give the dog away (or put it to sleep, which I know you aren't doing, just pointing it out) you have to offer to give it to the breeder first. If you plan to sell the dog for $500 you have to offer it to them for $500 first. If they refuse the $500 and you end up negotiating $400 with a buyer you have to offer it to the breeder for $400. If the breeder thinks they get the dog back for $0 they are incorrect (unless you are giving it away).

How old is the dog now? One thing to consider is the dog is now probably worth less than you paid for it. It is older and has been "rejected" from a home (I know it isn't the dog's fault, but the stigma is still there). The breeder may be a able to easily resell, or not.

Good luck.

If the dog was supposed to be returned with no compensation due, it should have stipulated that in the contract. The OP is saying it did not. The law forum people are saying the same thing as sue36. I looked up my own contract and it says that I have to surrender my animal to the breeder with no purchase price refund. The breeder wrote the terms of the contract, not the OP. Had that been written, perhaps the OP would have even gave the purchase a little more thought. She should have been more specific in her contract if that was the intention. (BTW, don't forget the contract also give the breeder the right to refuse the dog which could be the case if it's 10 years old).

Regardless of the punishment some want to impose for making a wrong decision in life, the OP is only legally bound by the terms of the contract the breeder stipulated. As nothing has been said to the contrary, the OP should be entitled to financial compensation for the dog, it's an expensive asset.

I agree with kittens. I think the OP is fulfilling his end of the contract by offering the puppy to the breed for the same price as the other party is willing to pay. I would make sure everything is well documented if you plan on resolving it this way. I think the breeder poorly worded her contract and hopefully will correct it for future puppies because I don think ethically the puppy should be returned to the breeder. I wouldn't want to be responsible for finding the puppy a new home. I would give the breeder the opportunity to draw up a new contract with the new owners.

On another note, have you fulfilled all the other obligations in the contract. I ask this because I got a puppy 6 weeks ago on a pretty strict contract and due to the puppy's age I have 2 items that are not yet done. The breeder may have an in if you are on a spay contract and are planning on selling the puppy before that is done. For breeders of uncommon breeds I think it is pretty devastating to lose control of an unspayed or unneutered pup.

That should read:

because I think ethically the puppy should be returned to the breeder

As I understand the clause, it means;

If you are giving the dog away, breeder gets first opportunity to take it.
If you are selling it, breeder gets first opportunity to buy it.

Ask a lawyer. You have a legal contract, and the laws in your state are different than any other state.

Anything that isn't legal advise is useless to you.

The good breeders take the dog back. They don't want the dog going to a shelter or a crappy owner that you choose. They don't pay you for the dog. You are lucky to get rid of the dog for free. Most shelters here require a donation to accept pets. And it's hard to get rid of an older puppy or dog, hard to get accepted into a breed rescue, etc. The breeder won't be able to get prime dollar for the dog since it is older, if s/he is able to sell it at all. The breeders I know pay to spay/neuter returned dogs and if they are able to sell them invariably lose money. It's better than having the dog neglected or killed.

Bad breeders don't answer your request to take the dog back, tell you that you're stuck with it, or dump the returned dog at the shelter to be killed.

"You are lucky to get rid of the dog for free."

Not only do I disagree with that (if the dog was worth $XXX when the breeder had it, why would it not be worth at least $XX now?), but I my own personal self would *never* hand anything, pet or inanimate object, to someone from whom I had bought it without getting my money back.

The fact that this breeder is pushing to get the dog back free tells me that he/she isn't as interested in the dog's welfare as some posters seem to think.

If I had placed a puppy with someone who was not happy with it, I'd hand their money back rather than argue & delay the transfer & possibly drag things out until the owner put an ad on craigslist & sold the puppy to a puppy mill & told me it had died from parvo-

If a breeder or shelter or rescue is really more interested in the puppy's welfare, then the puppy's welfare would take precedence over the dollar signs.

The breeder is not "pushing" to get the dog back. Clearly the ideal situation is the person who bought the dog is going to provide a loving forever home and provide all the vet care necessary for the dog. The breeder who is interested in preventing people from keeping a dog they can't afford or don't want will want to try again to place the dog in the perfect home. The breeder who doesn't give a crap where the dog ends up and probably won't answer any of your phone calls about returning the dog, even if it is sick or has a major medical problem (seen that a LOT). The breeder who doesn't give a crap sticks the new owner with a dog they don't want or can't take care of.

In case you weren't aware, breeding dogs the right way is very expensive, and all the good breeders I know LOSE money on every single puppy they sell. Taking the puppy back means even more of a loss, since they now have to resell it or keep it themselves. Taking care of puppies costs money- I know this isn't a surprise to you. And since the puppy is now older, they can't get as much for the dog- causing even a bigger loss.

Breeding dogs is an expensive hobby, and those who do it right care a lot about where their dogs end up. Just ask one of my good breeder clients who took back an 18 month old Cane Corso because the owner called them and said they couldn't afford to keep him any more. They spent over $150 the first day they got him back just making sure he was healthy (he wasn't). Then they fixed him up. They are probably stuck with the dog because nobody wants an 18 month old 150# pound dog (once he gets healthy he'll be that big), and they won't breed him because he isn't a breeding quality dog. So they are going to probably end up caring for the dog for the rest of his life- obviously they lost money on the deal.

Now if they were crappy breeders, they would just tell the owner to take him to the shelter or try to sell him themselves. Anyone want an unsocialized 18 month old 150# not yet healthy dog?

Right of first refusal doesn't necessarily mean the breeder will take the dog back, either. Obviously, they can just as easily refuse to take it back and leave the puppy in a home where the owners don't want it or can't take care of it.

sylviatexas said: "The fact that this breeder is pushing to get the dog back free tells me that he/she isn't as interested in the dog's welfare as some posters seem to think.
If a breeder or shelter or rescue is really more interested in the puppy's welfare, then the puppy's welfare would take precedence over the dollar signs"

And the exact same thing applies to the OP!

but the OP is the one who's *paid* money already, & the breeder is the one *who has received* money already, & the breeder is trying to get the dog back without refunding the payment.

OP has given no indication that he *isn't* concerned that the dog have a good home;
he just asked what right of first refusal means, since that's evidently what the breeder is using to try to pry that dog out of OP's hands.

If the breeder wanted the dog so badly, they wouldn't have sold it in the first place. They generally keep the best dogs from the litter to strengthen their line. The rest are sold as pets. If they aren't going to use the dog for breeding, then keeping it is just a huge expense. They'll probably not take the dog back, anyway.

The enforceability of such clauses varies greatly among states. So OP may be able to dump the dog where ever they want instead of following the contract they signed.

Ricka23,

I'm glad that you recognized after ONE month that owning a dog is not for you. I knew people who "put up with a dog" for 5 years and then decided to give it away. Sad, but it happens.

Having said that, I am totally against "disposable dogs", and multiple placements.

Here is what I'm betting the breeder means:
You've had the dog for 1 month, not 1 day, so she is NOT planning on paying you. If you would have changed your mind in the first couple of days, you probably would have gotten your money back. Now the dog is older and possibly PSYCHOLOGICALLY affected.

First Refusal: Let me clear this one up. Good breeders DO NOT make money on breeding. The breeder wants to make sure that the dog is re-homed to a good owner. She wants that control. It's VERY TRAUMATIC for a dog to be changing homes. Those dogs many times end up in shelters. Too many homes makes a nervous dog, with personality, peeing and other issues. The good breeders know that, and try to give the puppy to a forever home the FIRST time.

Evidently, BOTH of you made an error in judgement. She misjudged your intentions, and your sense of responsibility (although I give you credit for recognizing early on that you are not a dog owner-type). You misjudged your WANT/need for a dog.

Let's be fair:

BOTH of you are at fault, and one of you needs to do the right thing- Give the dog a good, FOREVER home. The money should be secondary, puh-leeze.

Dogs have feelings and emotions like humans. I'm sure the dog knows that *something* is up. Not being a dog owner, how can you tell that your prospective people will be good, forever owners? Please, don't let the MONEY motivate you. Good luck.

Dabunch, I really liked your message -- makes a lot of sense.

I agree with Dabunch and olyagrove. Finding the dog the best home should be your top priority. I don't fault you for getting a dog and then finding out that it just isn't something you can do. How do you know if you've never gotten and lived with a new dog. We don't know your circumstances, so we shouldn't be such harsh judges. At least the welfare of the dog is your high priority and hopefully you can find a good home for him. Not everyone is cut out to have a dog and all the work that entails. I, too, am glad that you have come to this conclusion soon rather than later. Good luck. I would offer the dog back to the breeder as contracted, but if they don't want to take the dog back, find a breed rescue. With a dog that young, they should be able to find a home right away for him. While it can be difficult for a dog changing homes, just ask anyone who ever adopted an adult dog (I have 2 of them) how quickly they become used to your routine and love and kindness. They just want to know what the rules are. Again, good luck.

I think the real problem here is that "Right of first refusal" means different things to the buyer and seller. The breeder may know what she means but it wasn't spelled out plainly with the puppy purcheser. The details should have been in the contract as well as discussed at the time the contract was signed. That way the purchaser would have known exactly how this would be handled should he not want to keep the puppy . It's too bad this has happened and maybe next time both parties will take nothing for granted till they have every detail in writing.

I don't think the clause in question is vague. I don't think there is any doubt that it means the OP has to present offers to the breeder and let her match it. It does not mean she has to give the dog back (unless she is willing to just give the dog away). If the breeder intended something else then that is what she should have written.

I hope you (or the breeder, if you do return it to her) find a wonderful home for the dog. Cats are easier, I recommend Ragdolls. ;)