CONTRACT LAW - Page 3

Rob,

Count us in!  We'd definitely be interested. 

Chris

I'd like to help in what way I can, hosting documents or post links to this plan.  I've obliged several breeders who inquired for permission to use my own contract, which I carefully constructed, although having no legal background.  Also, we might consider a stud-service contract (I have one, but mine is removed from the website).

To: Two Moons

Your feelings and experience towards Lawers is exactly how I feel about unethical breeders.  Which by the way stemmed from the breeder Dakine K9 alluded to earlier.  I like the basis behind this thread of drawing up a "FAIR" contract with fair meaning to both seller & buyer.

To Dakine K9:  I would be more than willing to help in anyway possible.  I have the time to donate.  I will contact you.

I hope everyone has the tenacity to see this through as the intentions seem honest.

Kind Regards,

Ladida

I'm all for anything that assists BOTH dog buyers and sellers in conducting ethical, fair and equitable business. My contract is doubtless full of holes, with plenty of potential for my learning its weaknesses the hard way. One problem in drafting sales agreements concerning animals is that few attorneys are knowlegable (sp?) about the specifics of what I call  "normal" business practices specific to the "industry" ( I hate that  word in reference to my beloved animals, but can't think of a better one). Further complicating that unfamiliarity in general is the fact that every "industry" is dynamic in that what might be considered  "normal" business today can/does change over time (often rapidly!) according to the dynamics of market, economy, competition, etc.

Back to the subject: As much effort as I have made historically/continue to make to earn and maintain a reputation as and honest, ethical, empathetic businessperson, and as proud as I am of those efforts, I still worry that despite all my efforts and good intentions. "WHAT IF" might be right around the next bend. WHAT IF I'm next for an unpleasant experience with some impossible-to-please (unreasonable, unethical, dishonest) buyer who might wake up on the wrong side of the floor intent on blaming someone for some negative element of thier life, see the dog they shouldn't have bought in the first place, (can't afford to take care of, no longer want, now resent having spent the money for., whatever..)  then drag my ass to court on a weak, overlooked technicality in our agreement . (how's THAT for a run-on sentence?!) Will I be the next one TOMORROW,  to wake up, turn on my computer and find dirt spread across the planet accusing poor-but-honest little me of unfair, unethical business? Will I end up bankrupt a year from now from legal fees spent to defend myself? Welcome to life in a litigious society, Shelley. Sucks you have a conscience, not to mention an over-active, paranoid imagination.

I'm sure a lot of us would sleep a lot better having a better-written, more enforceable dog/puppy sales agreement! I for one would feel even better if my agreements were custom tailored, with specifics pertinent to intents/expectations/guarantees of both buyers and sellers for a few different types of sales. Ex's: Pups/dogs sold as competition/breeding prospects, dogs/pups sold/donated/placed with no money changing hands as "pets", dogs sold/donated to law enforcement agencies, etc.

I don't know what  I can do to help, clearly not well-versed in law, but I am very willing to assist Dakine and all the others offering assistance above in any way I can.

Thank you all! :-D

SS

FYI...

I am working with a forum member who has volunteered to host the working document.  I will post the link on this thread once we have it set up. 

Chris,

I have actually read your contract and it was memorable because when I asked the buyer if he even read it, his reply was, "No, I was too excited to be picking up my puppy that I just signed it."  =)

Anyone that would have a problem with a contract like the above mentioned would not be a person that I would want to deal with.  Dishonest people fear anything that attempts to MAKE them comply.  I think it's a great idea.  I have my doubts as to how judges or magistrates would interpret the verbiage or how laws vary from state to state or even county to county. The other issue would be proving or disproving cause.  How or why the hips were bad, the elbows, etc etc.  I am involved in animal nutrition and also a breeder so I have seen well bred dogs raised improperly and made defective by improper feeding practices as well as poor keeping.  I have also seen dogs physically injured by too much too soon or accidents that the owners tried to cover up.  I applaud anyone that could draft a document like this.

Mike

http://www.ehretgsd.com/testdoc.pdf

All,

Here is the link to where the working document will be hosted.  The document that pulls up now is just a test document that I used to show how we all can access the link.  I will work on the Uniform Contract's framework and post it later this week. 

Thank you Daryl for your help.

Any more discussions as to how this can coincide with Hodie's proposed arbitration panel?

 K9mommy,

The purpose of the arbitration panel will be to help mediate certain types of disputes where there appears to be evidence and not just he said, she said type situations. The panel of adjudicators except one (whom I have no yet contacted) has agreed in principle to serving and we will begin first with setting some boundaries on what we can and cannot or will not do. 

Another part of the web site will deal with FAQs about how to choose a breeder, a trainer, types of contracts, what kind of paperwork to ask for/expect when buying a dog, how to check whether dogs are OFAed, how to file complaints with organizations etc.

It will not be our purpose to dictate ANY specific contract to anyone. But in providing a document that helps explain responsibilities on both the part of the buyer and the seller, we may be able to shed light on the fact that, indeed, there are many provisions possible in contracts and people can decide for themselves what types of contractual agreements they wish to enter into. As well, we will point out that there are some people who do not have guarantees, contracts etc., and this is not necessarily bad IF one is dealing with an ethical individual.

So while Dakines' proposal is separate, I do think that it will be an important part of demonstrating some common and standardized issues between buyer and seller and with his permission, we will post it as an example contract, but not a REQUIRED contract.

I am one who believes that there is a "standard of care" or, if you prefer to refer to it as a "code of ethics", that all breeders should follow. It is not necessarily in the small details about replacement of dysplastic pups, as an example, that we are going to press, but rather that there ARE contract and that any contract should at least clarify certain aspects of the sale or engagement, whatever that may be.

One of our suggestions in bold will be that people actually READ a contract and understand what it does and does not say.