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Topic Dog Boards / Breeding / Puppy breeding contact
- By Newfiegirl [gb] Date 27.10.20 18:26 UTC
I have a puppy which I want to hold back, my friend is going to take her on the basis providing all health checks clear etc and fit for purpose etc that I can take her back for a litter myself to continue my lines.  I’ve been friends for 25 years but feel I have to have something in writing to outline everything clearly? Does anyone know if there is anything online I could use as a example contract
- By Hoggie [gb] Date 27.10.20 18:56 UTC
Newfiefirl:  Too complicated a situation to rely on website downloads IMO.  Been there, done that, got the T Shirt.  I would approach a Solicitor to draw up a Contract (maybe cost you £100 or so) but you would then have something legally binding. Friends or not, look out for your own interests would be my advice.
- By Ann R Smith Date 27.10.20 19:04 UTC Edited 27.10.20 19:12 UTC Upvotes 2
You need a Breeding Terms contract which you could incorporate in the Puppy Sales Contract, there's an example of a puppy sales contract on the KC site Assured Breeders Pages.

You have to set out the exact terms for health testing results, choice of stud dog, whose name the bitch is to be registered in etc

If you employ a solicitor you need to find one with experience of dog laws & KC regulations

I have found this
- By Hoggie [gb] Date 27.10.20 19:39 UTC
Ann R Smith:  I would happily find a Dog Law - KC Knowledgable Solicitor who would cover all these inclusions.  I believe you mistrusted the Assured Breeeder Scheme's practices previously. Confused:eek:
- By onetwothreefour Date 27.10.20 19:49 UTC Upvotes 3
It's a very difficult thing. What happens if your friend changes her mind and decides she doesn't want to breed from her? Or she does, but she wants to have the pups and choose the stud dog? What happens if the pups die, due to some action on your part (ie waiting too long to seek help during labour or something) are you liable? What if the bitch herself dies during whelping? And so on... I wouldn't do it, frankly.
- By Ann R Smith Date 27.10.20 19:57 UTC
That's why a Breeding Terms contract is required. The Breeder sets out an agreement which is legally binding & the "owner" knows in advance the terms & conditions.
- By JoStockbridge [gb] Date 27.10.20 20:05 UTC
Defernatly get it in writing.

It should cover anything you can think of things like
who is responsible for what costs (such as who pays for pet/non breeding related costs, who pays for health testing and any other breeding costs.)
What happens if you decide not to breed
Who does the litter belong to (if they are having a pup who gets first pic)
Who will handle the maiting and choose the stud, who whelps and raises the litter
What happens if there is any profit after breeding expenses
Now many litters can she have with you
- By Hoggie [gb] Date 27.10.20 20:34 UTC
JoStockbridge:  Get a Legal Contract in Writing:  Couldn't agree more.  Haven't experienced this situation myself but a minefield waiting to explode!  Cover every eventuality!
Don't think I would even enter into such an agreement personally???
- By Newfiegirl [gb] Date 27.10.20 22:06 UTC
Fab thanks guys :-). I spoke to my solicitor who asked me to look for some examples and they would try and do a water tight one, he was saying the list could go on and one but if we could try and get a base line it would help.  Thanks for all your help.  We have been friends for years but who knows in future and things change so need to be secure
- By Hoggie [gb] Date 27.10.20 22:30 UTC
Newfiegirl: :cool::cool::cool: Friends or not - cover your back as intended...
- By onetwothreefour Date 28.10.20 09:03 UTC
I would give Trevor Cooper at DogLaw a call and pay £50 for a phone consult. They might have a template they can give you for your solicitor or at least a list of things to include...
- By furriefriends Date 28.10.20 09:21 UTC
https://www.doglaw.co.uk/how-we-can-help/
- By MamaBas [gb] Date 28.10.20 09:59 UTC Upvotes 1
I can't provide you with a sample Contract as I've never entertained doing this,  but as this could so easily get messy (friends or not at the moment), get anything you can think of that could go wrong covered in writing, and then think again!!  Is she going to remain in your name because if so, as I imagine would be the case, the paperwork alone needs to be covered re getting her puppies KC registered.

She'd have to live up to expectations and then tested (who pays for that?).
Who keeps the litter, or which puppy (pick or otherwise)?
What if the worst happens and she dies in the attempt?
Who whelps and rears the puppies - where?
Who pays for any vet costs involved?
Who chooses the stud dog?
What happens if she fails any tests - if she's not transferred into your friend's name, will you do that so she remains a pet?

Using a Solicitor could become unnecessarily complicated (and you must use one who knows about dogs and breeding).   Without an officially drawn up Contract (who pays for that), most Contracts drawn up between two non-qualified people are usually 'not worth the paper they are written on' I'm afraid.   But it would show 'intent'.

I happen to think it might be less complicated if you kept your best bitch until she's of an age to be mated (and had all the tests necessary) and then once she's whelped and reared the litter, sell her to your friend.
- By MamaBas [gb] Date 28.10.20 12:47 UTC

> What happens if she fails any tests - if she's not transferred into your friend's name, will you do that so she remains a pet?<br />


Sorry, that doesn't read quite right - I mean what happens if she's gone to your friend on loan, and then fails her tests.  Would you be able to make sure she's spayed, and remains as your friend's pet?   If it all goes to plan for the first litter, will she be bred again?  How often and the puppies still be registered in your name/affix?

And so on.   I stand by my opinion that it would be way less messy, if you keep and breed this b itch provided she passes all her testing and is of good enough quality to be used at all, and then sell her to your friend outright.
Topic Dog Boards / Breeding / Puppy breeding contact

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