Main > Contract Discussion (2 replies)
by Rass on 05 July 2012 - 11:43
|When looking on the PDB about contracts and having read and been involved in a few puppy purchase contracts, I have found that a lot of contracts are home-brew and would be a nightmare in a court (even small claims). These include contracts I have been involved in and many many contracts I have read from various breeders I have not been involved in. |
Things lacking in MOST contracts are damages for both parties for non performance. What happens if either party does not perform? If the buyer does not provide proof of spay/neuter (if that is in the contract) what are the damages? Return the puppy? Pay more cash? This needs to be clear. I have two older contracts.. and both require the dog be spayed, one the dog was sold on a limited registration and the other the dog was sold on a full registration. Neither states what will happen to the buyer if they do not perform. In the one case I could have bred the dog and sold puppies (I did not do this) and really, other than the breeder getting mad, there were no damages if I had.
Another item to look at is what the breeder is selling. If the contract states the puppy is "show quality" or "breeding quality" what happens if the dog simply does not develop into that quality dog? Puppies are a crap shoot. What are the damages or what is required to mutually release the buyer AND seller from the contract?
If the breedeer wants to be on the papers as a co-owner, how is that stated in the contract? If it is not stated and the dog is co-owned, and there are issues later on you can end up in a legal mare's nest that neither breeder or puppy buyer intended.
I agree that mutual faith and trust between breeder and buyer is what we all strive for.. but things go wrong in relationships. A solidly written contract can take over if that should happen.
Another thing that should be investigated is the enforceability of any contract across State Lines if you sell out of State or buy out of State. Contract law varies between States and the court that would handle a contract dispute also varies between States.
On a personal level the contract clauses I would avoid are co-ownerships, return of the puppy to the breeder in the event of health issues and replacement puppies in the event of health issues. I believe in renumeration damages over most other damages simply because that is so very clean legally. If the either party does not perform, then they either return a clearly stated sum of money or pay a clearly stated sum of money depending on which side of the agreement they are on. I also like selling puppies on limited registration that is lifted when the dog is titled and proven free of genetic disease by testing per the contract (OFA and so forth).
Just my thoughts/opinion.
by mirasmom on 05 July 2012 - 15:11
Here is my puppy contract, please let me know what you think,
It is just something I have tweeked over and over, some things may be
repeated in different paragraphs, but so far I'm happy with this contract.
by Rass on 05 July 2012 - 17:55
Personal opinion would be that the amount be put in where it says half the purchase price to be paid for violation of the contract. Anyone can figure it out.. but an amount stated would be good to see.