Breeder/Buyer agreement

RA'S Mom · 01-04-2011, 01:38 AM

OK everyone I need some help with the situation I find myself in

When I purchased my puppy this summer from a local breeder
I signed an agreement with this party.This agreement went missing we believe at a recent visit by said breeder. I have knowledge this party has retrieved two siblings from people who purchased them, claiming they were not cared for in the manner covered in the agreement and then resold to new homes.

I am told this agreement states we are also unable to give away, gift or sell our dog. Should this occur, the registration and animal immediately revert back to being owned by the breeder and must be returned immediately at our expense to the breeder for disposal as breeder sees fit.

After hearing about this situation myself and my SO are gravely concerned about our dog should we try any of the above. Or for some unseen reason be taken back like the other two without justification.
My question to any breeders on the board, would this be considered a normal clause and if not would you think it to be binding legally. Like does this person have the right to do something like this without doing it legally. Like you come home one day and your dog is gone or you let it out to potty and it disappears.
I shudder now each time I let him out and can't sleep at night over this.
Little one replaced a heart dog I lost unexpectedly this summer and I don't think I could handle the loss of another one.
I look forward to any feedback on this situation.
PS I am up in Canada if that helps any

selzer · 01-04-2011, 02:05 AM

I do not know anything about dog laws in Canada.

If you signed an agreement that said dog cannot be chained in the yard. If the breeder sees the dog chained in the yard, then they can sue for breach of contract and get the dog back.

I really doubt that most breeders would try this, but it is better to be safe than sorry. If you agreed to do certain things, do those things. To take you to court and take your dog, she has to prove that you did not fulfill your part of the deal. And it will cost her money.

Coming onto the property and removing the dog would be considered theft here, and possibly grand theft, depends on the value of the object stolen, the dog in this case.

Here is the thing. A breeder does not want to go through the process of selling you dog all over again. She wants the dogs in good homes and to stay in a good home. She will get a terrible reputation if she is taking dogs she sold back without good cause and reselling them for a profit.

Breeders care about the puppies they whelp. They raise them for a couple of months and care what happens to them, they may feel responsible for them long after they leave the nest. Some breeders add a clause, right to first refusal. That is, you cannot rehome the dog without first contacting the breeder and giving them an opportunity to buy back the dog. This is done to protect the dog. The breeder may be in a better position to find a suitable home for the dog, and to keep track of the dog.

If I signed a contract, I would abide by the terms in the contract, however unenforceable they seem to me. If I agreed not to rehome, sell, give away a dog, then I would not do it. But I would probably not sign such a contract.

If you pay x amount for a dog, and the breeder does not co-own the dog, then you should be able to sell the dog.

sit,stay · 01-04-2011, 02:10 PM

I am not a breeder, but I do rescue and always place my fosters with a contract. I do set out in the contract the required living conditions for the dog. The new owner(s) read and review and we go over every condition in detail before anyone signs anything.

What did the contract you signed say? As long as you're keeping the dog in compliance with the contract, why worry about the dog being taken from you? If the dog were to be taken from you by the breeder, as long as you are in compliance with the contract, wouldn't you be able to call the police and have the stolen dog returned to you? Without a signed contract to back the breeder up, wouldn't taking the dog be theft?

If you signed a contract where you agreed not to "give away, gift or sell" the dog, then you should abide by the terms of the contract you signed and you shouldn't do any of those things. If the contract that you signed doesn't say that, why worry about not being able to do it?
Sheilah

PaddyD · 01-04-2011, 02:20 PM

Can't the breeder send you another copy of your agreement? Or is the breeder any enemy combatant ?!

Caveat Emptor

**Cassidy's Mom** · 01-04-2011, 02:23 PM

Quote:

I am told this agreement states we are also unable to give away, gift or sell our dog. Should this occur, the registration and animal immediately revert back to being owned by the breeder and must be returned immediately at our expense to the breeder for disposal as breeder sees fit.

After hearing about this situation myself and my SO are gravely concerned about our dog should we try any of the above.

Are you planning on giving your dog away or selling it? If not, then you have nothing to worry about. It's very standard that breeders want the dog to be returned to them if you're unable or unwilling to keep it for any reason, and they find a more suitable home for it.

Do you have factual details about the circumstances where the two previous dogs were taken back by this breeder? If you truly have concerns about this breeder basically stealing your dog, then don't let it outside without supervision.

Jax08 · 01-04-2011, 02:35 PM

The way I'm taking this, you are concerned the breeder may have "stolen" your contract and may try to take your dog from you? For the specific purpose of gaining profit?

Your breeder should have retained a copy of the contract when it was signed by all parties. There should be no reason for them to take your. I would contact the breeder, explain you misplaced your contract and would like a copy of it.

I don't see how a breeder can just come in and take the dog without grounds, proven in court. As Sue stated, if the contract specifically stated the dog could not be kept in a certain circumstance and they found it was then that is grounds. But they would still have to prove it in court.

koda00 · 01-04-2011, 03:43 PM

I signed a contract pretty much like what your saying. I had no problem with it at all. In fact, the contract was a plus for me with our breeder. To me it showed how much they value the life of pups/dogs they breed and care for. If you've done nothing wrong, you have nothing to worry about

Lilie · 01-04-2011, 03:47 PM

If the buyer registers the dog in her name through AKC - and then the seller (breeder) takes the dog back, the dog remains registered in the buyers name, correct? The breeder can't request AKC to change the ownership of the dog with out the buyers consent, right?

arycrest · 01-04-2011, 06:55 PM

Quote:

Originally Posted by Lilie

If the buyer registers the dog in her name through AKC - and then the seller (breeder) takes the dog back, the dog remains registered in the buyers name, correct? The breeder can't request AKC to change the ownership of the dog with out the buyers consent, right?

This would be my guess but I don't know how CKC works in Canada where the OP lives!

angelas · 01-04-2011, 07:37 PM

That sounds like a standard clause in any good breeder's contract that I've read. One that I completely agree with.

As to how enforceable it is? I don't know. Dogs are property and once its sold the buyer owns it and may do with it as they please. Not many judges would rule in favor of the breeder unless there is over powering evidence of neglect/abuse.

01-04-2011, 01:38 AM	#1 (permalink)
RA'S Mom Junior Member Join Date: Sep 2010 Posts: 28	Breeder/Buyer agreement OK everyone I need some help with the situation I find myself in When I purchased my puppy this summer from a local breeder I signed an agreement with this party.This agreement went missing we believe at a recent visit by said breeder. I have knowledge this party has retrieved two siblings from people who purchased them, claiming they were not cared for in the manner covered in the agreement and then resold to new homes. I am told this agreement states we are also unable to give away, gift or sell our dog. Should this occur, the registration and animal immediately revert back to being owned by the breeder and must be returned immediately at our expense to the breeder for disposal as breeder sees fit. After hearing about this situation myself and my SO are gravely concerned about our dog should we try any of the above. Or for some unseen reason be taken back like the other two without justification. My question to any breeders on the board, would this be considered a normal clause and if not would you think it to be binding legally. Like does this person have the right to do something like this without doing it legally. Like you come home one day and your dog is gone or you let it out to potty and it disappears. I shudder now each time I let him out and can't sleep at night over this. Little one replaced a heart dog I lost unexpectedly this summer and I don't think I could handle the loss of another one. I look forward to any feedback on this situation. PS I am up in Canada if that helps any

01-04-2011, 02:05 AM	#2 (permalink)
selzer Crowned Member Join Date: May 2005 Location: Denmark, Ohio Posts: 17,499	I do not know anything about dog laws in Canada. If you signed an agreement that said dog cannot be chained in the yard. If the breeder sees the dog chained in the yard, then they can sue for breach of contract and get the dog back. I really doubt that most breeders would try this, but it is better to be safe than sorry. If you agreed to do certain things, do those things. To take you to court and take your dog, she has to prove that you did not fulfill your part of the deal. And it will cost her money. Coming onto the property and removing the dog would be considered theft here, and possibly grand theft, depends on the value of the object stolen, the dog in this case. Here is the thing. A breeder does not want to go through the process of selling you dog all over again. She wants the dogs in good homes and to stay in a good home. She will get a terrible reputation if she is taking dogs she sold back without good cause and reselling them for a profit. Breeders care about the puppies they whelp. They raise them for a couple of months and care what happens to them, they may feel responsible for them long after they leave the nest. Some breeders add a clause, right to first refusal. That is, you cannot rehome the dog without first contacting the breeder and giving them an opportunity to buy back the dog. This is done to protect the dog. The breeder may be in a better position to find a suitable home for the dog, and to keep track of the dog. If I signed a contract, I would abide by the terms in the contract, however unenforceable they seem to me. If I agreed not to rehome, sell, give away a dog, then I would not do it. But I would probably not sign such a contract. If you pay x amount for a dog, and the breeder does not co-own the dog, then you should be able to sell the dog. __________________ RIP Arwen, CD RN CGC RIP Whitney, RN CGC Jenna, RN CGC Babs, CD RA CGC Herding Instinct Certificate Heidi, RA CGC Tori, RN CGC SG3 Odessa, SchH1, Kkl1, AD Ninja, RN CGC Milla, RN CGC Joy, Star Puppy, RN CGC Dolly & Bear

01-04-2011, 02:10 PM	#3 (permalink)
sit,stay Knighted Member Join Date: Jan 2003 Location: Idaho Posts: 2,056	I am not a breeder, but I do rescue and always place my fosters with a contract. I do set out in the contract the required living conditions for the dog. The new owner(s) read and review and we go over every condition in detail before anyone signs anything. What did the contract you signed say? As long as you're keeping the dog in compliance with the contract, why worry about the dog being taken from you? If the dog were to be taken from you by the breeder, as long as you are in compliance with the contract, wouldn't you be able to call the police and have the stolen dog returned to you? Without a signed contract to back the breeder up, wouldn't taking the dog be theft? If you signed a contract where you agreed not to "give away, gift or sell" the dog, then you should abide by the terms of the contract you signed and you shouldn't do any of those things. If the contract that you signed doesn't say that, why worry about not being able to do it? Sheilah Last edited by sit,stay; 01-04-2011 at 02:14 PM.

01-04-2011, 02:20 PM	#4 (permalink)
PaddyD Banned Join Date: Jul 2010 Location: MassaCHEWsetts Posts: 5,222	Can't the breeder send you another copy of your agreement? Or is the breeder any enemy combatant ?! Caveat Emptor Last edited by PaddyD; 01-04-2011 at 02:22 PM.

01-04-2011, 03:43 PM	#7 (permalink)
koda00 Master Member Join Date: Apr 2009 Location: Hampstead, NH Posts: 523	I signed a contract pretty much like what your saying. I had no problem with it at all. In fact, the contract was a plus for me with our breeder. To me it showed how much they value the life of pups/dogs they breed and care for. If you've done nothing wrong, you have nothing to worry about __________________ Jo Kitty 10/1990-10/23/08 kitty rip Koda 1/20/00-10/03/09 gsd rip. Kassie 6/1/08 kitty Zorro VomTraumhof-1/3/11-gsd,Ob101,CGC,RN Ryker 2/20/10-gsd "Poseidon VomTraumhof" VP5 3-6 mo. conform.VP16-9 mo.confrm. AKC S.T.A.R pup,Obed.101, CGC.

01-04-2011, 02:35 PM	#6 (permalink)
Jax08 Crowned Member Join Date: Feb 2009 Location: NNE PA Posts: 14,321	The way I'm taking this, you are concerned the breeder may have "stolen" your contract and may try to take your dog from you? For the specific purpose of gaining profit? Your breeder should have retained a copy of the contract when it was signed by all parties. There should be no reason for them to take your. I would contact the breeder, explain you misplaced your contract and would like a copy of it. I don't see how a breeder can just come in and take the dog without grounds, proven in court. As Sue stated, if the contract specifically stated the dog could not be kept in a certain circumstance and they found it was then that is grounds. But they would still have to prove it in court.

01-04-2011, 03:47 PM	#8 (permalink)
Lilie Crowned Member Join Date: Feb 2010 Location: South Texas Posts: 6,273	If the buyer registers the dog in her name through AKC - and then the seller (breeder) takes the dog back, the dog remains registered in the buyers name, correct? The breeder can't request AKC to change the ownership of the dog with out the buyers consent, right? __________________ Hondo Von Dopplet L Bauernhof "Hondo"- GSD Lilie's Tug McGraw "Tug" - Golden Retriever Maggie - Mini Dachshund (Rescue) Lonestar - Texas Blue Lacy Funyon, Ashe, Soot - Barn Cats Scooter /1/2 Arabian, Shadow, Katie / APHA

01-04-2011, 07:37 PM	#10 (permalink)
angelas Elite Member Join Date: Aug 2003 Location: East Central SK Posts: 1,459	That sounds like a standard clause in any good breeder's contract that I've read. One that I completely agree with. As to how enforceable it is? I don't know. Dogs are property and once its sold the buyer owns it and may do with it as they please. Not many judges would rule in favor of the breeder unless there is over powering evidence of neglect/abuse.

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