CONTRACT LAW - Page 1

I have made great friends over the years counseling them on "legal issues" as it relates to breeders, sellers, misrepresentation, warranties, etc.  As I sit back and read through some of these threads relating to the law, I am amazed at how many people do not actually understand legal theories, yet quote or give out advise that often times have no merit. 

I practice construction law and within that specialty we have what are called AIA Contract Documents that are uniform documents that Banks, Owners, Contractors, Subcontractors, etc. all execute in hopes that it levels the playing field for negotiations and it includes boilerplate language that is fair for all parties to the contract.

I am offering to help draft an "Uniform Dog Sales/Purchase" contract if anybody is interested in doing some leg work.  I have represented both sides to bad deals between Seller and Buyer of dogs and often times my success comes from representing buyers because the contracts that we sue upon are usually poorly drafted, cut and paste documents that have essential contract terms missing. 

My intention is to have a document that at least would allow people to reference as a "FAIR" contract.  Whether a breeder or buyer uses it or not, they at least can bring it to the table to help negotiate the terms of the actual contract they are asked to execute.  In my practice, when we come across a Private Contract that seems unfair to the party I am represent, I usually bring in the AIA Uniform Contract into play and argue how that contract addresses the unfair condition. This is a great leveraging tool when attempting to negotiate out a totally unfounded clause.

I agree with the person who wrote that a contract is only as good as the person who backs it, however, I would also argue that the contract is only as good as the lawyer suing on it.  Thus, having a tight uniform contract would allow parties to sue on the merits of the case and not get dismissed on technicalities of contract construction.  It happens more often than not!

 Let's see how many people are even interested before we go into details of how this would play out.

I would be interested in seeing such a suggested contract. There is a group of independent people here who are interested in forming a board of arbitration for breeder, buyer, trainer disputes. Breeders who would agree to arbitration, to minimal contract standards and others would be listed on the site as "reputable". Whether anyone will put their money where their mouth is remains to be seen. A group of 5 independent people, each with experience in the world of breeding, or training or simply a dog lover, will be represented. In a dispute, the "proof" of ones claim would be required and strict. The board would attempt initially to simply mediate between parties, but in the event someone refuses to participate, or in cases of gross misconduct, findings of improper conduct on the part of a buyer, trainer or breeder would be posted IF unanimous.

Many of the situations that come to light here are meritless. Others are unknown simply for the fact that the buyer, for example, failed to get a contract. In rare cases, breeders are not honoring the normal "standard of care" in their contracts or dealings. 

A contract that you think is viable would be interesting to see. A group has been formed and discussions are taking place as to how to conduct this board. Of course, it would be voluntary. There would be a fee and the fee would be either donated to a reputable organization or perhaps used as compensation of "victims". The idea is an attempt to help clean up what is rapidly becoming a cesspool of unethical business practices. It may go nowhere, but we will see. 

For the purposes of having all lines drawn in the sand, I would like to have such a contract even though I may never breed a litter. One should always want to improve what they already have and that includes knowledge. This would be a great tool for any breeder and I would pass it out to those breeders I know, for their and their own dogs safety and that of their buyers. The unfarness I have seen and heard about, regarding contracts not being abidded by is very disheartening.

I would be willing to help with whatever kind of leg work would need to be done in order to help get something like this accomplished. I think it is wonderful that you would offer your expertise, knowledge and time to help out. Just let me know what you would like help with

Sharon

Dakine K9-  I am VERY familiar with construction law, use the AIA documents on a daily basis with my business and I would be willing to assist in helping you put together something tangible that we may all find useful.  Even if it's something some of us may not need right now, it may be a valuable tool down the road.  Feel free to email or Pm me if I can help.

This sounds great, a good written contract is priceless.

Would this contract hold up in every state? Since every state has different laws.

I would like to have such contract.

Thank you for offering your expertise.

I'm interested too. I work with the AIA contract from time to time on the private sector projects. What leg work needs done. If you would like, I can send my contract to you to use bits and pieces from.

I would also be interested in some of the possible clauses that could be incorporated in reference to food and vet expenses.

I would love to hear more on this contract...I thought I had a good draft but in the world of Dogs and crossing county and state lines , the kind of contract I would need would be one, and all here could use to make some of the bad deals recently described here on this base......a case that need not ever get here..,,,because fo a contract backed by the proper tight uniform guidelines.

My question is the difference of different states...Like Im in Texas and we have some laws, for instance like the accompaning of a title app with the sale of a domestic animal ,,if a registration exists and a pedigree is in place...that must accompany any sale ,,,,,and delivery of such animal...the refusal to do such is against the law,,,but can it be enforced,, if there was a contract between buyer and seller, stateing the dog was akc  bred and the litter was registered,,,I understand the wording is important in all contract.s....

This is a very deep subject and we all need to be informed by someone who legally can tell all of us  where the wrongs are that we do...in our seeking the proper venues.....

Most of us are mediocre people , not wealthy and attorneys charge more than we can afford to spend .....this is the reason so many people wing it.........on paperwork.....

Thanks for your concern    and any help

hodie, what a great idea. any Breeder not interested, I would not wnat to buy from. Any Buyer not interested, would not want to sell to. Works for all parties. Issues come up in training/breeding, but an impartial board would be wonderful. As long as the animal was not hurt, I do not think the buyer , seller or trainer should be penilized in a community form if they financially make it right. (just my 2 cents). Good Luck..

I am glad to see so many positive responses.  I think we can move forward, but first let me explain what prompted me to start this thread.  A new club member of our schutzhund club is on the verge of a lawsuit because the breeder will not remedy an obvious dysplastic hip on an 8 month old puppy.  The owner is willing to hire me to fight this and most likely spend more than she actually did on the dog just so "justice" is served.  Oh by the way, the contract we will sue on is a lay written contract.  I know as well as anybody does that not every buyer has this luxury. 

With that said, this is my best attempt at a solution that hopefully many people can benefit from whether they are selling or buying a dog.  To address a few concerns relating to state specific enacted laws that deal with dog sales, we can handle it a few ways.  The "leg work" would require someone to do a little research or come forth with knowledge such as Yellowrose has regarding state specific laws. 

However, under the concept of  "Contract Severability" if one clause is found unenforceable in that specific state, it does not void the entire contract but just that clause.  Secondly, the standard legalese would be to include the following, "To the fullest extent permitted by law, Buyer and Seller...." so that we achieve uniformity. 

This is a deep subject and we are only scratching the surface with the possibilities this could lead into. I also agree with and applaud Hodie in attempting to form a mediation panel.  I use mediators and arbitrators more than I use the court system.  We can include a clause in the Contract to include a mediation clause that points to Hodie's panel and make it binding or non-binding.  The possibilities in drafting is limitless, but at least we have a forum going.

The next step would be to set up a FTP site or something similar where I can post documents for all to see so we can comment and suggest what would go into the document.  Can somebody make this happen?  Once this is set up I will load a document I have drafted in the past as a starting document and we can go from there.  Others who wish to participate can email me theirs and I can load it to the site as well.

Please remember that what we are trying to achieve is a FAIR document which protects both Buyers and Sellers, so just because you are not a Seller, doesn't mean your ideas do not matter!

Thanks to those who appreciated my analogy to the AIA documents.  They really are a