Puppy Buyer Contract

[RA'S Mom]

As a breeder have you ever had to take a buyer to court for not fulfilling a clause with in your contract?Do you provide a copy of this contract to the person purchasing the puppy at time of purchase or when the registration papers are sent to the new owner? How enforcible or legally binding do you view your contract as being with regard to completion of health checks,
X-rays, and the non breeding clause? Thanks for any input or insight you might offer based on experience.
I hope to get some feedback especially from any Canadian Kennel breeders.

[JOSHUA SAMPSON]

you should have a contract that "protects both parties" in other words it protects the buyer, and the seller, and in my opinion i think it should protect the dog too. My contract is long and wordy, multiple pages, it has several sections about what my rights and responsibilities are in regards to health situations, and refunds etc. It also includes the buyer's rights and responsibilities showing what must be done on their end in order to receive a health guarantee / refund. I have not had my contract reviewed by an attorney but I do intend to have that done asap. I also put a clause in about arbitration to settle dispute. It basically states that we cannot sue each other and have to go through arbitration in order to get any issues settled because it will all be dictated by what is in the contract.

I would advise looking up several (6-7 or more) example new puppy contracts from different sites (and different breeds) on the internet. you can find plenty. I re-wrote the basic information of those contracts into one orderly flowing all inclusive contract as applied to my situation and in my own words so as not to plagiarize any copyrighted documents. If you have a buyer ask what the contract is for you can simply explain to them that it is to protect the both of you against radical activists, lawsuits, and otherwise bad situations. In my contract It also protects the dogs against being sold off to labs, kill shelters or any other situations that would lead to the dog being abused. Basically If the buyer decides they don't want the dog anymore It is their responsibility to call me and I will come take the dog off their hands for them, free of charge (no refunds, but no reclamation fees either, that would be stupid.) That way the dog doesn't get sold to a lab, Mexico, etc, placed in a kill shelter or just dropped off in a field. I offer them a good way out.

And remember that the BIG SCARY CONTRACT is not there to harm anyone in any way, It is there to protect the rights of all parties involved.

[wolfstraum]

Mine was originally done by a puppy buyer who was a lawyer! as Joshua says, it is there to protect the puppy. I have added to it through the years to incorporate new ideas and safeguards as I learn about stupid things happening to other people's puppies.

Prospective buyers get a contract via email to send back with a deposit when we agree that they are a match with my litter. There is ample time to discuss and made adjustments if needed before the pup is paid for and in the buyer's hands.

Joshua, I would be interested in seeing yours to incorporate the mediation clauses, if you would consider sharing those.

Thanks,

Lee

wolfstraum@att.net

[Liesje]

When I bought Pan I was given a contract before placing a deposit. I asked to have a few things clarified, then sent my deposit once the answers were satisfactory. When I picked him up, I paid the remainder and signed two contracts - one for me and one for the breeder. Pan's sire jumped up on the table and stamped my contract with a muddy paw.

In general (having studied contract law in college), the contract itself is simply a piece of paper. To me, the main purpose is to think everything through and work out all the kinks BEFORE purchasing the dog. I think the best contracts are ones that never actually end up in court, because the breeder and buyer have both been honest and thorough with their expectations and what is being provided. But a contract is like a waiver, the document alone does not determine what can or cannot be done. You can sign a contract saying you won't do this or that and still do it. The onus is on the other person to take it to court and have a judge determine whether it is enforceable. Similarly, a lot of dog training clubs have waivers that are an attempt to protect the dogs an owners in the event of a dog bite, but if one signs a waiver and is bit, they can still sue the owner, the trainer, the property owner, the club, etc. The reality is that most are only as good as the lengths to which a buyer or breeder will go to enforce them.