Would like to know what you think about this sellers contract.

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by A Von Fischer on 27 October 2009 - 23:10

Please let me know what you would do if you were the seller of this contract, or what to expect as the buyer... There was an 11 month old German Shepherd Dog purchased for $500.00. both parents were OFA with good hips, The rest of the pedigree shows Excellent or have "a" stamp hips. now read the sellers agreement. All the names were removed and replaced with with Dog, Buyer, Seller..

Sales contract Dog AKC# DN******** The buyer and seller agree that if DOG does not come back with a Penn-Hip scoring of .38 or less by December 31st 2009 the seller has the first option to purchase DOG back in the amount of $500.00. The Buyer must notify the seller with in 24 hours after completion of the Penn-Hip procedure to share the results. If the buyer chooses not to retain full AKC ownership of DOG before December 31st 2012, the seller will have the first option of purchasing him back for no more then $500.00. The buyer will keep in touch with the seller via email phone etc. to share DOG future endeavors. The full purchase amount of $515.00 will be sent through paypal. ..........END

The Dog came back with a Penn-hip score of ,55-.70 with in the contracted deadline. The Seller does not want to buy back the dog, and the Buyer does not want to sell the dog to anyone else but the Seller, and does not want to keep the dog. Or the Buyer expects a full refund and in turn will find placement for the DOG. Should the Seller buy back the dog, or refund the money in full and let the Buyer place the DOG. Or Should the Buyer sell the dog to another party?

by 4pack on 27 October 2009 - 23:10

Sneaky, they said first option to buy, giving them an out, they can opt not to (which they intended from the get go and did). A decent breeder would buy their dog back, give a full refund or replace the dog free of cost, with a new pup and let the owner keep the first. You will end up selling/giving the dog to someone else since neither party now wants the dog. Bummer for the dog. I hope you disclose the hip results with any future owner.

As a buyer, I personally would keep the dog if I liked him, regadless of hips or place him in a loving home for a small fee or gift him to a worthy owner. I have had one I do like, not pass, I kept. Had one I didn't like, not pass and I sent her back to the breeder, personal choice but at least my breeder gave me that choice and stood by their contact and dogs. I'd be royally peeved if I had a breeder wash their hands and not offer something in return, after suppossedly having a contract for such instances, but for $500 what do you expect? Not much you can do now, court fees would outway your losses.

by mking on 27 October 2009 - 23:10

So basically it seems as though the seller had the first opportunity to recieve the dog back, they have declined. The buyer now does not want the dog, since the seller has declined the buyer can sell the dog to someone else. The seller is not obligated to buy the dog back, or give a refund. Ethically should the seller/breeder take the dog back- yes, but on the other hand as the buyer I would not feel comfortable giving the dog back to someone not willing to stand behind the dog 100%. What I find to be very sad is this young puppy of 11mos. will now be shuffled to it's third home in it's short life. Why is the buyer not wanting to keep the puppy??

by A Von Fischer on 27 October 2009 - 23:10

Thank you 4pack..

The Seller is not a breeder. The dog was listed as for sale to be for a home that had time for him and be there to train the dog to his best of ability because of his outstanding pedigree. The buyer has outstanding handlers that would be perfect for his drive and pedigree but solely purchased the dog for a breeding program, which is now not going to happen because of the Penn hip score.

by A Von Fischer on 27 October 2009 - 23:10

The Buyer and Seller live close to 1000 miles apart, The Seller has offered to take the puppy back for only a partial refund. The Buyer would like the money in full and for the Seller be responsible for the cost of the DOGS shipping/transportation.

by 4pack on 27 October 2009 - 23:10

My question is what was the purpose of a contact if nothing comes of it? To make a buyer "feel" safe? No contract is worth the paper it is written on, unless the seller has a true heart and then a handshake is all that is needed.

by sueincc on 28 October 2009 - 02:10

4Pack said:

No contract is worth the paper it is written on, unless the seller has a true heart and then a handshake is all that is needed.
Words to live by!

by A Von Fischer on 28 October 2009 - 06:10

So what I have here is, if I someone selling puppies makes you sign a contract before buying a puppy, do not buy it because its most likely a scam?

by SchHBabe on 28 October 2009 - 14:10

Fischer, I don't get your last post. Many reputable breeders require contracts, albeit better ones that what what proposed in this situation. Nothing beats getting it "in writing". Handshakes are great but courts do not recognize that form of an agreement, if push comes to shove.

by SchHBabe on 28 October 2009 - 14:10

Assuming this snipet of text is all that we have for a "contract", then no, the Seller is neither obligated to give a refund nor buy back the dog. He/She merely had that option. So that's the end of that. A dog with those bad PennHIP scores should not be bred, and hopefully can be placed in a good pet home to enjoy a life of comfort for as many years as possible before the effects of DJD set in.

And yes, two "OFA Good" parents can produce bad hips, especially since neither the OFA nor a-stamp method tests for laxity in the hip joint. I hope that more breeders will use PennHIP in the future to screen their breeding stock, so that problems like this can be reduced or avoided!

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