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Topic Dog Boards / General / help drawing up a 'what happens after owner's death'contract
- By gsdowner Date 26.02.16 09:32 UTC
Ok this may seem strange but I need to draw up a contract for a puppy I am homing. The person I have chosen has years of experience with my breed and did show many years ago. However, he is recently widowed and over a certain age. I have no issues in homing the puppy with him and am happy with my choice. My only concern is about the puppy out living the owner and I would like to add a short contract alongside my puppy paperwork that states we should be notified if the owner passes away, becomes too ill to care for her or end up in assisted living/residential home.

He has stated that one of his children would be willing to take on the puppy but I am still wanting to add this extra safety net should something happen as I really don't want to end up not knowing where she is. Situations change and the children may not want a dog at that particular time and I don't want her passed on, left in rescue etc.  He doesn't use social media but has stated he is willing to stay in touch. He isn't local and driving some distance to come see her.

Is there anything along these lines already available or can someone suggest a tactful way of putting this on paper please?
- By saxonjus Date 26.02.16 10:03 UTC Upvotes 1
It is a sensitive topic. You could just reiterate if the puppy needs a new home then you should be first contact? On most of the breeders forms it includes if puppy needs re homing then contact breeder first.
I guess if you were happy with the gentleman taking on the puppy at a later stage in life then you may be happy with the son taking ownership after? It's a tricky one yes unless you change mind about him homing this puppy or speak to his son too?
Wishing you the best
- By MamaBas [gb] Date 26.02.16 11:07 UTC Upvotes 1
I had a 'return to me' clause on our sale contract, which should cover the life of the puppy although all too often people don't want to admit they had to make a decision to let the puppy go, for whatever reason, so whether I'd have ever known, I don't know.   Happily having only a comparatively few number of litters and not often a big litter at that, I managed to keep in touch with most of my buyers, some becoming close friends over the years.  So I think I would have known.

This what happens afterwards always worried me, with those I'd bred myself especially.   Now I have two from other breeders, and both have said they'd always be there for them I feel slightly better coupled with while my sister was alive, she knew what my wishes for them were.   Sadly we lost her a couple of years, almost, now so yes, this situation is always back of my mind.   I just hope that by the time both of us has gone, we'd have no hounds to worry about.    I have registered them with Cinnamon Trust, but I'm not really convinced they'd do what I'd hope if needed.  I'd hoped, for eg. that they would have somebody local who I could get to know, and who would know my hounds before they might be needed.  Not so.

I think you can but put a return to you clause in your sale agreement, and keep in regular touch with this new owner and perhaps get him to write a clause in his Will which hopefully, will be upheld.   Stressing that you will be there in the event you are needed!!   I think most good dog owners are aware of what might happen in their event their pets outlive them.
- By Jodi Date 26.02.16 12:21 UTC Upvotes 1
It could be your prospective owner will find this something of a relief that you will be making more of a strong point of having the dog back if he should no longer be able to look after it. Although he has said his children will have the dog, having you as a certain backup will make any decision making far easier.

My dog has the usual clause in her contract about handing her back to the breeders if we are no longer able to care for her, not something I think we would have to do, but we are now older owners and anything could happen. Although my children would have her like a shot it might not be in her best interests to go to one of them. My daughter is a single career women and my son and in his wife both work full time, neither of them are showing any interest in having children and one or the other being around more. Whereas the breeders wife doesn't work and Isla would also have a number of canine companions.
- By Brainless [gb] Date 26.02.16 13:43 UTC Upvotes 1
to avoid being insensitive surely the standard statement of return can apply.

e.g. If for any reason you are unable to keep the dog at any time please advise me, and I will happily take the dog back and either keep it or find it the most suitable new home.
- By marisa [gb] Date 26.02.16 21:59 UTC Upvotes 1
I think I'd ask to speak to his son/daughter to clarify that you would wish the dog to be returned to you (or MUST be returned to you) if the new owner is unable to care for him for any reason. You will then get a feel for whether the son/daughter might be interested in offering to help/would make a suitable home when the time comes.
- By gsdowner Date 26.02.16 22:42 UTC
Thank you for your suggestions. My contract already states that the pup must be returned should circumstances change but I wanted to clarify the illness/death part. I shall simply add a clause to include incapability to care for the puppy due to ill health etc. I am hoping he will not be arriving on his own and shall ask the questions as tactfully as I can before we sit down to sign the contract.

He is a good, knowledgeable owner and as mentioned before, I would never refuse to home a puppy to an older person simply because of their age - if he looks frail however I shall voice my concerns.

Thank you all for your advice.
- By Brainless [gb] Date 27.02.16 08:17 UTC Upvotes 2
Age really is just a number. 

My Dad is 81 could easily pass for ten years younger, still crawling around under cars, and would be more able to look after and walk a dog than my husband (under 50) who can't walk more than 15 minutes at a boringly slow pace due to all the abuse his body has had over the years in the building trade and the damage a motorbike accident in his teens catching up with him.

You have perfectly fit adults with unforeseen deaths by 40 or in my son case early 20's.

Death or illness of a puppy owner can occur at any age.
- By corgilover [gb] Date 27.02.16 17:43 UTC
I have sold to older experienced corgi owners and everyone without fail where delighted that in the contract it stated to be returned to me at any age and for any reason, I have only had one returned, husband died she was terminally ill it was a weight off her mind she was safe and well, in fact everyone knew she was to be returned to breeder if the worst happened and more importantly they knew where all her documents where to find our details the point is most people love their pets and want peace of mind the pet if safe if they worst happens.

Someone in my breed even had it arranged in her will what happened to her dogs as she had no children and her husband had died leaving her with fifteen dogs, money was not an issue they were all going to a good friend in the breed with her estate providing money for their care
- By gsdowner Date 28.02.16 15:13 UTC Upvotes 1
Thank you.

We had a long discussion when they came and he was very happy to know that we needed to be involved in whatever the family decided should anything happen to him. They have arranged for the daughter to have the pup should the worse happen with the granddaughter taking most responsibility. They were great with my big dogs and didn't bat an eyelid when they youngest barked at them. When I get a chance, I will email him and find out more about his lines. They would be further back in today's pedigrees - as far a 6 or 7 generations back. Puppy looked a bit confused when she got in the car and I didn't but I am confident she will be very happy in her new home.

Death comes to us all - sometimes after a long fruitful life and sometimes cut brutally short. We cannot predict the future and taking on the responsibility of the puppy or any other living being comes with this in mind - even with having children (hopefully). He has obviously thought it all through and I am happy with that.

Thanks Barbara - I know that feeling. My son would have been 4 today had he lived. It will always be difficult but I live with the belief that he is in the care of my parents and healthy and happy wherever he may be :)
Topic Dog Boards / General / help drawing up a 'what happens after owner's death'contract

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