Does anyone have any experience in trying to enforce a Puppy Sales Contract. Thanks to The Breed Club advising them to contact me a puppy purchaser from 2 years ago contacted me as they wished to re-home him. I was initially annoyed that they had gone direct to Club welfare but at-least grateful that they had not just re-homed him to anyone. That said I do have some suspicion as to them possibly attempting to re-home him before contacting welfare. Following our conversations via E-mail they were very grateful that I wished him to be returned to myself and said that they felt relieved that I would have him home with his mum. However, a week later they asked for me to allow them to re-home him with a so-called friend of the owners mother whom has three of her own (but small) Dogs. One of the reasons that they gave was that they would be able to see him on a regular basis but I advised that could have a negative effect on the Dog as he would not understand why they would keep leaving him behind each time that they may have visited. I find it hard to believe that this option would not have been looked at prior to them contacting welfare. I also just have that niggley feeling that "The Friend" is not perhaps "A Friend" and possibly just someone that has said that they would re-home him.I expressed that I did not feel comfortable with that and wished for him to be returned to me which they appear to have accepted and the intention is for us to meet half way from our homes between Bristol and Newcastle next week. However,   I cannot help but wonder if they may actually go back on what has been agreed and therefore wonder if anyone has had to attempt to enforce a Sales Contract and how likely is it to be successful.

Sadly there is no way you can enforce the return to breeder clause as the dog is no longer your property. We all put it into our contracts but in reality that's just hoping for the best outcome, hoping that most buyers will be grateful for it and even not know that it can't be enforced.

As Goldmali says, in law dogs are property, just like a sofa or car, and the owners are free to do as they please.

We al hope that they will take up our offer of help.

I had a return to me for the life-time of the dog clause in my Sale Contract, but as suggested, most of the time these Sale Contracts 'aren't worth the paper they are written on'.    But at least it shows Intent!!

I homed one, an older bitch that wasn't up to breeding/showing standards.  She went on a return to me agreement and unfortunately it wasn't a good home, once their Squaddie son returned and started kicking a football around, apparently AT her and she spooked.  They contacted me, thank goodness, and we went and got her back.   I told them I'd refund the small charge I'd made for her (as she was an older bitch) once I had a new home for her, so minus a minimal boarding fee.  They seemed ok with that but later came back and told me they wished they'd rehomed her as 'they would have got a lot more for her'!!   Clearly they'd been talking to somebody.   Thank goodness I got her out of there, and quickly into a super new home.

I hope you can get your puppy back if you can, and sort out the details later would be my advice.  And you are right re the being able to see him on a regular basis not being a good idea.    We homed another hound, a male, after he started fighting with his uncle - and left him to settle in for about a month before we went to his new home to check all was ok with him.   It would be very hard on any dog for the original owner to keep turning up, and going again.

Are you giving them a refund?  Usually an adult dog will sell for much less than a puppy, so offering a full refund is a pretty surefire way to get a dog back rather than sold on to another person.  Because another person wouldn't pay that price. 

It sucks and grates a bit to pay it, but keeping in mind the welfare of the dog and the priority of getting the dog back, it is still the best option.

Many thanks for your reply's and I will keep you all advised. Sadly I am not in the position to offer a refund but I agree with your logic and it may be something I would at least suggest that I would do if it was needed. Hopefully my original assessment of them as puppy buyers was partly correct as I still believe that they are a nice couple. That said I was obviously incorrect overall as I most certainly did not expect they would ever wish to re-home him. I am hoping that the fact they originally or eventually went to Club Rescue suggests that they are not attempting to "sell" him. I do try to understand when people need to re-home for one reason or another but for me then it needs to be a really good reason like a Death in the family or perhaps an aggression issue, but I can never envisage myself giving one of mine up. In-fact I have even got a Basset of my Daughters (due to her cancer operation) as I could not bear the thought of what may or may not happen to him. I will be honest with you all that it is not an ideal situation as he does have a few aggression issues (well more than a few if I'm honest) but he can be so so loving.

As we stand we have arranged a meeting place for Saturday and I am keeping everything crossed that they do not change their minds as they have mentioned a few times that they would prefer him to be re-homed near them. Worse case scenario! I would at-least attempt to enforce our agreement and hopefully that would push them in to releasing him to myself.

> As we stand we have arranged a meeting place for Saturday and I am keeping everything crossed that they do not change their minds as they have mentioned a few times that they would prefer him to be re-homed near them.

Fingers crossed they don't but If they do change their minds would they maybe be open to a compromise where you speak to and vet the new owner they have in mind? That way you will know where he has ended up.

UPDATE

I am pleased to report the Dog is back with me and his Mum and is slowly settling in. Introductions with the gang went very well with no real issues at all. The poor boy still looks somewhat lost but is getting all the attention that he needs. He is a big lad and measures in at 31" to the shoulder. The change-over was all a little emotional and I thought for a moment that it would not go through but thankfully it did.

Whilst I accept that the Puppy Contract is not legally binding I do believe that it paid a major role in getting him back. They either were not aware or they perhaps felt obliged but whatever, he is now safe and sound.

Thank goodness!!  Hopefully, unlike my situation, they won't be speaking to some bright spark who tells them they should have sold rather than give back.  I can't remember, but did you make a refund?

Even if not 'worth the paper it's written on', return clauses still show intent.  So I'd continue to keep that clause in the Contract.

No I was not asked for any refund but I would have most probably argued the case if one was requested. I would however like to praise the former owners for honouring our agreement and whilst they did continue to add a little pressure on their request to allow him to be re-homed in their area, my insistence won through.  I am sure that it was the Puppy Contract that secured his safe return and would also recommend that everyone continues to use them