Let's talk contract terms - Page 1

What are some terms that you expect buyers to adhere to in order to keep their contract valid?  What do you think is fair and what do you think is over the top? What parts are designed to protect you? Your buyer? Your dog? The breed?

What is the fairest contract you've ever seen?

What is the craziest thing you've ever heard of in a contract?

I have a pretty extensive contract. I think it protects the dog most of all. I'll be happy to email you a copy if you want to see it.

My biggest stipulations are:

I get first right of refusal to buy the dog back, but if a price cannot be agreed upon and they sell the dog to someone else, they must send me the new name and contact info of the owner.

I also have in my contract that breeding a dog before health clearances have been done voids the contract. Also, changing the registered name of the dog voids the contract.

feeding the dog inferior formulas / brands of food, maintaining the dog at an obese weight, breeding the dog prior to 2 years of age, changing the dogs registered name all invalidate my contract.

I have a question for the people who stipulate in the contract that changing of the name invalidates the contract - 

Do you specify the specific portions of the contract that is invalidated or is the contract as a whole invaldiated?  I would be concerned that invalidating the contract as a whole would be construed to mean invalidating first right of refusal etc. things that I as a breeder would want to remain in place.....

"feeding the dog inferior formulas / brands of food"

That is REALLY subjective.  Everyone has their own opinions on what is inferior formulas/brands of food.  And really, how do you seriously enforce that?

I've seen some pretty ridiculous contracts on web sites, bad enough that even if I had been looking, their contract would have sent me elsewhere.
Just an example. I know a lot of breeders recommend a certain brand supplement, I have no problem with this brand. I use to buy them myself. But, I have seen contracts that specify you HAVE to buy the supplements or else it voids your contract. If you are feeding a quality food, why should you HAVE to give these supplements daily for the remainder of the contract?
Same with specifying a certain brand of dog food that HAS to be fed. Suppose you cant get that food in your area?
I like contracts. I want to know up front what is covered and what would be expected of me to take advantage of any guarantee. Why wait until there is a problem, when both owner and breeder are stressed over the situation, and then try to figure out what is or isn't covered.
I agree a puppy should be checked within so many business days of bringing new puppy home. That in my eyes is protecting both you and the breeder. You know you received a healthy puppy.
I'll stop there or this post will end up way to long.

 I MUST know that the dog is about to be rehomed/sold, etc. I will ALWAYS buy dog back at full purchase price. If dog is worth considerably more due to titles, training, etc., then I'll be fair and if I can't afford the dog, please let me know where it's going.

Spaying or neutering prior to 24 mos. of age voids the health guarantee, unless I am notified of extenuating circumstances that would warrant it. But if you s/n them at 6 mos. then come to me at 23 mos. w/mild HD, too bad. I will still buy the dog back, but the replacement part is void.

I will replace defective dog w/out requiring return. I will of course take the dog if they don't want it, but it's not necessary. I just want papers back in order to send replacement. 

I do stipulate that I see the xrays before they are submitted to OFA or SV. I do this to prevent horrible positioning causing misdiagnosis. I was terrified of this after hearing of a dog being euth'd who had fine hips and a crappy vet. 

Last statement says basically to let me know anything and everything that could possibly be wrong and give me a chance to help you with it- this is never a bother or an inconvenience. 

wish you could get contracts like these before u get married.

"I MUST know that the dog is about to be rehomed/sold, etc. I will ALWAYS buy dog back at full purchase price. If dog is worth considerably more due to titles, training, etc., then I'll be fair and if I can't afford the dog, please let me know where it's going."

I think that is very honorable and decent. Kudos to you.

Mine is on my website if anyone wants to see/copy it - www.hokschhaus.com/guarantee.  I think that it actually favors the buyer but has worked well for me.  One big thing is that I don't require the return of the dog  (but will always take it back), if they want to keep it I give them 1/2 the purchase price as a credit toward a new dog.  I found that just giving them a free dog or money back encouraged people to try to take advantage of me and just see how much they could get.  This way, if the dog can still fulfill it's purpose (ex: borderline HD in a pet but no symptoms, still a good pet) people don't usually ask for a replacement.  But if they do ask, I fulfill and everyone's happy (only 2 replacements needed to date).

A big thing is I specify that my dogs will NEVER end up in a shelter or rescue, I will always take them back.  I also microchip them and pay for the registration myself.  Then I microchip with myself as a secondary contact so hopefully if they ever did find their way to a shelter for some reason, I'll still be contacted and can get them back.

I encourage my buyers to feed a high quality food and most do but I would never require it.  Everyone has their own view of how to do things and it's their dog, I screen my buyers so I feel that the dogs are going to good homes and the people will take good care of them without me writing it in a contract.