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Author
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Topic: Legal advice needed
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306Coupe
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Member # 4988
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My older brother bought his doberman bitch from an out of state breeder. http://amarisdobe.com/main.htm The Doberman is now 16months and they are having alot of issues with herincluding her biting 5 people in the past 2 weeks. The breeders contract is on line but they are making it really difficult for him to return her, even through it's in their contract. My brother has also spent $1500 on perfessional obiedience training and it hasn't help. So the breeder is trying to charge them $700 for shipping the dog back and telling them they are breeching the contact in an attempt to scare them. What should be done..... Oh yeah, this isn't my Dobernman.
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1987 Coupe- Not stock
Posts: 2039 | From: Rocklin | Registered: Oct 2004
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Venomized93
Founding Member
Member # 55
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Call/Email the Dog Whisperer. Seriously though, that sucks. My grandfather had two dobermanns one brown (female) and black (male). The male bit his thumbnail through the top to the bottom of the finger. My grandfater never abused it or anything. He was really close to giving it away because of that. I think the female was in heat and it snapped. Good Luck with it though.
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2018 Tesla Model 3 Performance
Posts: 2077 | From: San Francisco, California | Registered: Oct 2000
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91 5.0 5speed
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Member # 1867
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How do you figure the breeder is responsible for the dog being overly agressive? The dog is 16 months old. Nobody can predict the future concerning behavioral issues. If the dog is that much of a problem just have the mother fucker put to sleep and cut your losses. If the dog bites someone else and they sue your brother he is fucked
Posts: 1383 | From: Vallejo | Registered: Sep 2002
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306Coupe
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Member # 4988
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quote:
Originally posted by 91 5.0 5speed:
How do you figure the breeder is responsible for the dog being overly agressive? The dog is 16 months old. Nobody can predict the future concerning behavioral issues. If the dog is that much of a problem just have the mother fucker put to sleep and cut your losses. If the dog bites someone else and they sue your brother he is fucked
Dogs are breed on temperment. On their warranty continous misbehavior is a cause for returning the dog. I also have a doberman and he is very well behaved. I attempted to train my brother doberman but I had no luck since I have another full grown bitch around. Plus my brother has spent $1500 on training for this dog. Dobermans are the 5th smartest dog in the world but this one missed the mark.
My Dog Cassius, I posted pic before but oh well : 
[ August 07, 2006, 11:59 PM: Message edited by: 306Coupe ]
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1987 Coupe- Not stock
Posts: 2039 | From: Rocklin | Registered: Oct 2004
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hidnn.o.s.
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Member # 1219
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quote:
Originally posted by 91 5.0 5speed:
How do you figure the breeder is responsible for the dog being overly agressive? The dog is 16 months old. Nobody can predict the future concerning behavioral issues. If the dog is that much of a problem just have the mother fucker put to sleep and cut your losses. If the dog bites someone else and they sue your brother he is fucked
![[patriot]](graemlins/patriot.gif)
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R.I.P. Willie G. You are missed on this forum
Posts: 15950 | Registered: Apr 2002
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306Coupe
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Member # 4988
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From breeders website "LIFETIME TEMPERAMENT GUARANTEE
If at any time during the lifetime of an Amaris dog, he/she is found not to be compatible with the purpose he /she was intended for, notify the kennel, return the dog and the Registration papers to the kennel along with a written statement of "reason for return", and we will gladly replace the dog with another puppy at no charge. No refunds in whole or part"
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1987 Coupe- Not stock
Posts: 2039 | From: Rocklin | Registered: Oct 2004
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cummins
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Member # 5931
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Contracts Contracts Contracts!!! LOL! Well they are good if reasonably enforceable, however, lets cover a few things regarding enforceability in your situation. I'm going to assume that your bro is in CA. So, the breeder is in Missouri??? WTF! Hell you can't even take them to small claims unless you go to Missouri and if you do the cost of suing them alone will exceed the price of the dog. Yah the contract seems to protect you but how in the hell are you going to enforce that clause even if they are liable? Can you make them give accept the dog and make them give you a puppy inreturn? Maybe on Judge Judy! But really you can't enforce the contract unless its civil court and again its going to cost you more than the dog is worth even if both parties are in the same state. So, lesson learned is that just because you think a contract protects you it may very well be more difficult than its worth to enforce it. Make sure all clauses are enforceable!
As for what to do, well, all you can do is go through more training and that may or may not work. I've been aggression training Dobies, Rotties, Shepards, and Pit Bulls for over a decade and have been doing so on and off for the respective rescue organizations as well as other animal shelters. So I know the breed well and can train them. I would offer to help but I'm too swamped. Hell if I had time I'd even train you! LOL! What I can tell you is that if the dog is really whacked there is nothing you can do for it no matter how much traiing it has or will receive. Its just an accident waiting to happen. I'd suggest taking it to someome that specializes in AGGRESSION traiing NOT obedience traing. They are 2 different things. Get their opinion of the dog. It may be better for it to take an eternal nap. And it may be saveable. One good thing is that the dog is still relatively young so it does have that on its side.
More advice: Next time get the dog from an AKC registered breeder, one that is on their list and shows their dogs regularly at akc shows. All the registered breeders that are notable do in fact know each other very well and they can vouche for their own. They know who is bred with who, what temperments come from where, who is honest, who is not, etc. Also, don't buy a dog from the net! God dammit! Hell you don't even get to meet the dog and play with it before buying it so you dont' know its personality. Breeding for temperment is MUCH harder than breeding for looks.
All this legal advice would normally run someone in excess of $250/hr but for you, since you are such a cupcake, I'll just lay it out there for free. The bus driver is now leaving and taking his next students to school.
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Your definitely jealous of my strength and brains. - 68_427_Fastback
Cummins looks like the Wendy's girl......without the pig tails. - JT
Posts: 3441 | From: The Rice Fields | Registered: Aug 2005
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306Coupe
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Member # 4988
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For one, I train my dogs myself. Two I bought my Dobe from an AKC, local breeder with recent Championships. My brother spent over $6000 total on that dog. I know he got, got but too late for that. My brother is done with the breeder but wanted to know if I wanted a new Doberman puppy after he returns this one but I would probably have to pay the shipping costs.
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1987 Coupe- Not stock
Posts: 2039 | From: Rocklin | Registered: Oct 2004
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Hozr
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Member # 6196
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ANY dog biting 5 people in 2 weeks is not a temperment issue, it is a recent issue. What has changed, is she in heat, pregnant, scared, hungry, mistreated, neglected. Dogs mainly bite for 2 reasons, fear or agression and both are usually caused by poor socialization.
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$1500 on perfessional obiedience training
Where? Why so much? Was it a boarding school? Does your brother use the same commands as the trainer, did he go through the classes with the dog or just hope someone else would do it for him?
Sounds like he needs to spend more time with with her and get her around other people and animals. I would also reccomend a different type of trining.
Heinz Peters Dog Training 916(991-4764) North Sac
It is a commitment, but they are one of the best around. They train all the k9 dogs in the area as well as obedience, protection, search, you name it.
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For every winner, there are dozens of losers. Odds are you're one of them.
Posts: 290 | From: Chico | Registered: Nov 2005
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cummins
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Member # 5931
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quote:
Originally posted by 306Coupe:
For one, I train my dogs myself. Two I bought my Dobe from an AKC, local breeder with recent Championships. My brother spent over $6000 total on that dog. I know he got, got but too late for that. My brother is done with the breeder but wanted to know if I wanted a new Doberman puppy after he returns this one but I would probably have to pay the shipping costs.
Well if you train dogs yourself then why didn't you hook a brother up and train his dog for him instead of letting him getting raked over the coals?
[ August 08, 2006, 01:36 PM: Message edited by: cummins ]
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Your definitely jealous of my strength and brains. - 68_427_Fastback
Cummins looks like the Wendy's girl......without the pig tails. - JT
Posts: 3441 | From: The Rice Fields | Registered: Aug 2005
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