Are Contracts for selling pups useless? - Page 4

Yellowrose - I'm not sure about where you live, but I would definately do the small claims thing. 

My contract has a little added bonus *evil grin*...not only can you not sell a animal you buy from me without my permisssion or concent...if you violate this, you own $5000.00 punitive damages!  In almost 20 yrs., I've only had to take back 2 pups for breach of contract, and won both times in small claims court! :-)  Good luck, and keep up posted.

Christine 

Well Christine , by the time I would try to sue in small claims court the pup would be long gone and try finding a pup in Texas among the 850 pups on puppyfind.com alone....he raised the price this afternoon to 700.00 on the www.puppyfind.com  but he emailed me to bring the $100.00 he paid on litter not born, and $600.00 in cash or dont waste his time.......I guess the next thing you will tell me is the email doesnt mean a hill of beans..

Thanks gsdlvr2 for your offer, but my social security check comes next weds. so Ill just suck up and pay the 600.00 for my pup and give him his nonrefundable deposit and I will get a written receipt...It will take most of my little check but I sold a pup yesterday and one last week, and after 10 bags of dog food and a tank of gas in my chevy vortec 8 cylinder truck I dont have much left....

I noticed AKC started the offer of registering the litter by breeders before you sell ,like Most germans do , and the you keep your alphabetical order good, and they discounted the price.....now....I am going to now do that.....I started to do that with this litter but go busy and boy the online is sure fast except if you co-own litters and I put my kids names on everything in case I fall in the creek or drop dead on the premises, worrying over my kids, I know they can go right on with things....they can anyway...but its easier if names are clearly printed then you dont havea to wait for a trust to be prooved or a will to get probated.. Thanks Christine   you are right.....But here in Texas , I discovered today , no dog contracts hold water, must be notorized at time of sale, and drawn up pretty tight...Mine is a long tight one, but was not notorized.....the cost of court outweights the get the pup back .

IMO you are doing the best thing for the puppy and for you.  Selling dogs is colossal pain in the ass.

Yeah, I'd be curious to hear that too, since the majority rule is that punitive damages are not available in contract claims.  The majority rule is also that liquidated damages provisions in contracts are unenforceable if the purpose is to punish the breaching party rather than reasonably compensate the non-breaching one for his damages.  So in most places, you'd never get your $5,000 "penalty."

And personally, I will never ever hand over money for a pup and permit the breeder any future interest in or control over the pup.  The whole idea is somewhat insulting. 

Wikipedia actually has a decent little section on contracts that covers most of the basics.  Remember that unless you're in Louisiana, the law you're looking for is "common law" and not "civil law." 

http://en.wikipedia.org/wiki/Contract

Spook

No, in neither case, that was necessary!  But my dogs were returned to me, and in both cases, the others lost because I also didn't have to pay them back anything either.