Are puppy contracts enforceable? Surely once the puppy passes into the new owners hands and money exchanges the new owner has full rights to that puppy to do as they wish with it? Surely contracts are only a guideline?

Its interesting because horse folk often loan rather than sell because they have no way of protecting what happens to the animal if they sell...

Hi Chloe :)   the short answer is no - they're not :(   The only real strength is in the placement of KC endorsements and of course that only works if the breeder has ensured that the purchasers signed agreement to same prior to the puppy leaving for it's new home.  Even so, this only means that the dog if bred from will not have it's progeny registered with the KC - not that the dog is prohibited from being bred from at all.

I've known several people who have had lawyers draw up their contracts but at the end of the day it's not really that straightforward.  I think it's important that breeders do use them so as to make clear they've done their best to raise a healthy, well socialised and typically bred puppy and importantly that they intend to be around for it's lifetime with support and advice.  By signing the contract, hopefully most (but not all) purchasers will be agreeing to their commitment in ensuring the breeder's wishes are met and all being well a good friendship will develop so there will be less likliehood of problems springing up out of the blue.  But it's down to mutual trust at the end of the day.
regards, Teri 

If someone is willing to spend the money going to court then I have heard of at least one contract that was enforced!

It comes down to conditions of sale and the contract lays down those conditions, so for example if your contract clearly says that the puppy is sold as a pet only then that is a condition of sale, if they subsequently breed from the dog then you can take them to court.
What the judgement will be is another matter for example the judge may determine that they have breached their contract and award you damages...not really what a responsible breeder is after.

All contracts are enforcable including verbal contracts, it really depend if you have the finances to go to court.

Sharon

I seriously doubt you could prevent a purchaser breeding their dog. The law would see that dog as entirely the property of the owner.  The KC may say they are not willing to register the offspring but that is a different matter as they are a club and can establish their own rules.
Parts of a contract may be useful in law but generally they would always be on the side of the purchasers for instance it may contain in writing that the dog will be registered and that could be used against the breeder if it subsequently wasn't.
I would always use a contract to spell out what I expect from the buyer and what they can expect from my but I am under no illusions as to its limits and consequently see vetting as absolutely vital and not to be substituted in anyway by relying on the contract protecting your puppies interests.

As far as I am concerned the contract I give ensures that shoudl there be a dispute what was agreed is in writing.  so if a puppy buyer wanted to seek compensation for a do not haveing two testes etc, or loss of breeding potential it is clear from the contract that the pups was sold as a Companion.

Isn't that more of a receipt than a "contract"?

Surely the title of the those goods - the puppy - changes hands when the puppy is sold. I cannot see how a contract stating what the new legal owners can and can't do in the future can possibly stand up in court!

No - and although I understand and sympathise as to why breeders put these clauses in, they are, none the less, just selling something. Money changes hands and that is it really. It is good if there is a continuing relationship between breeder and owner, but it doesn't always happen - sometime it's the breeder who isn't there to honour the contract should the owner not be able to keep the pup etc. Obviously the problems can be minimised if potential breeders and owners carefully check each other out - but it doesn't always happen and there is not a lot that can be done IMO

Daisy

No really.  My contract gies the details of the pup (Regstered name, KC reg no date of birth etc).

At the start I point out that the pups PARENTS are typical specimins who have been health tested, the pup is healthy and reared wi5th care but pointing out that as a living creature it cannot be guaranteed as to how the pups will continue to develop.

I add that it should be examined by a vet in first few days, and if any health problem found that make it unsuitable as a companion (other than a bit of looseness due to change of home and water) then I would have pup back and a full refund would be given on production of vet report.

I ask them to take pup to trainign classes and avoid bad habits developing and that I can be contacted anytime.

I tell them that if the pups needs rehoming I will help with this but would not normally refund any money as pups are not normally resold, but found a suitable home.

With this they cannot claim that they ahd never heard of Health problems (I always supply the BVA leaflets on Hips and eyes), or that there was anything implied other than a companion pup.

The fact that there are endorsements is explained in writing and under which circumstances these would be removed.

I would still say that is more of a receipt and a guideline - to protect you more than anything? I am talking of contracts that try to force a puppy owner to return the pup to the breeder, when actually they are quite within their rights to sell it on if they choose!

Hi Brainless,
I see where you're coming from and covered all those points in my own contracts - but at the end of the day if their owners breed from them there is nothing I can do except hope the KC will back me up re non-registration of progeny.  If the owners decide to sell the puppy on - again, nothing I can do about it.  My contract advises that I will have the dog back at any time in it's life should the need arise but of course if the owners feel they can make a bit more cash by selling it on behind my back what can I do?  They OWN the dog :( 

>At the start I point out that the pups PARENTS are typical specimins who have been health tested, the pup is healthy and reared wi5th care but pointing out that as a living creature it cannot be guaranteed as to how the pups will continue to develop<

BUT if the puppy develops a *perceived* inherited health problem such as testes that disappear after 3 months or so (have heard about that one!) and requires later surgical removal / epilepsy / OCD / dentition problem requiring professional treatment, etc etc....  We're all open in those circumstances to what a court *may* regard as "goods being unfit for their purpose"  :(  regards, Teri 

Agree entirely that is the risk we run when breeding.

We are then left with what a court might deem reasonable.  I think that I tell people of the risks theya re taking and therefore by buying they are accepting them.

I feel that they then could not reasonably argue ignorance.

>so for example if your contract clearly says that the puppy is sold as a pet only then that is a condition of sale, if they subsequently breed from the dog then you can take them to court.<

Take them to court for what?  There's no legal precedent I'm aware of that says a pet can't be bred from   Worded as you have above a breeder may have some recourse if the purchaser wished to show the dog for example and it was found to have some disqualifying fault (and of course the only one of them we have is repeated agression as determined by three strikes and they are out if each is reported and proven before the KC) - even then that is arguably nature or nurture.

>All contracts are enforcable including verbal contracts, it really depend if you have the finances to go to court<

Sounds good in theory but while there may be a rare legal victory for a breeder (& few disputes over such contracts will ever see a court) there have been several reported over the years where breeders have been fined for selling "goods unfit for their purpose" - such as dogs developing HD despite the breeder having used tested stock dogs in their breeding that have scores which are considered good :(   Teri

Surely a contract is only enforceable if it is compiled under the relevant law? If there is no law for that contract to refer to - it can't be a contract? So making someone sign to say they will do this or that with a pup can't be a contract because there's no law to enforce it under - once the goods change ownership?

Hi Chloe,

I agree - sad and frustrating for genuinely caring breeders, but nontheless IME true.

Teri

Clearly the contract must define what is deemed a 'pet' and what conditions the dog is sold as...
For example i charge a differnt price for 'pet puppies' and show/potential breeding stock,it is clearly defined in the contract what the purchaser is buying.  All of my 'pets' are sold strictly as 'not for breeding' with endorsements, as they pay a reduced fee for this then i can and would take anyone to court who breached this agreement.  Often i retain the registration of these puppies, just giving the owners a copy of the document but the pup stays in my name and has endorsements - genuine 'pet' buyers are more than happy with this.

Interestingly in the States their contracts have spay/neuter agreements, and they can and have enforced these agreements when pups are sold in this manner.  Just as in both this country and overseas you can enforce in court a pre sale breeding terms agreement which is in writing - no problem.

Sharon

I don't think you could take them to court Sharon - same as you couldn't take someone to court for showing their dog when it was only sold as a pet. The court could rule it unfair and unreasonable - assuming it got to court. Does anyone have any evidence of a successful court case concerning a puppy contract?

I might get a solicitors view on this out of interest :)

Hi Sharon,

I'm not disputing your best intentions of covering every angle :) BUT for eg. there's nothing to stop a pet purchaser selling on your puppy without any restrictions on the next owner - then they can do what they want :(   Or the original purchaser could "gift" the puppy to a relative, ditto, except they still actually have control over what happens to their own pet :(

I agree with you saying that genuine pet buyers will be more than happy with the conditions that a good breeder has put in place and if anything will hopefully see them as being further evidence that their new puppy has been "bred in the purple" - but when things go awry there are countless loopholes that our legal system cannot cover  :(  

That things may be different in the US is no surprise - (no offence to US posters intended ;) ) but they are renouned for suing the pants off each other - and to be honest, I hope that state of affairs never reaches our shores.

Regards, Teri :)    

One condition of sale is that the dog has a home with them for life and if they cannot keep the dog for any reason it is returned to me for rehoming - they sign to agree to this without exception - they are prohibited from passing the pup onto a third party, also as i said my pet puppies go with registration but in my name ie they are not allowed to transfer the puppy.

Everything in my contract is a 'condition of sale' and is legally binding should i choose to persue it in court.  The fact that they have paid a 'reduced' fee for a pet/companion only puppy makes the court ruling much easier, i cannot emphasise enough to people if you add restrictions to puppies - either do it uniformly to the whole litter or ask a reduced fee for acepting the conditions imposed, if it went to court, the judge would ask why the purchaser did not make thier intentions clear at the time of purchase and pay the standard price and not the reduced price.

Sharon

>One condition of sale is that the dog has a home with them for life and if they cannot keep the dog for any reason it is returned to me for rehoming - they sign to agree to this without exception - they are prohibited from passing the pup onto a third party<

Reduced price or not, there is nothing you can do to ensure a purchaser returns a puppy that they PAID for to you.  Some breeders have been pushed to have dogs returned to them where no fee changed hands.

>Everything in my contract is a 'condition of sale' and is legally binding should i choose to persue it in court<

I honestly can't count the amount of people who I've met and/or read about over the years who have sought legal assistance in drawing up these type of contracts but it's easy to count how many of same have been told they will definitely stand up in court - none :(   Some conditions, fair enough, but the majority we've been discussing under this thread - precious few  (excluding properly endorsed registrations here as they after all are a matter for the Kennel Club, a private body, not the UK legal system)   Teri. 

Frustrating though it is for those of us who only want the best for the pups we have bred, Teri is absolutely right.  We just have to do our level best to vet the buyers and by all means use contracts to clarify to each side what is expected but beyond that its just a matter of prayer that you have judged them right :).

Yep, a big prayer goes with each pup as they leave :D

I sell all my pups as companions, as at that age it would be impssible to say any pup is more than promising.  If it then turns out to be a successful showdog and worth breeding from then that is a bonus, and I wouldn't charge anyone extra for that.  After all I know full well that I and others have bred lovely dogs who if shown would probably make champions, but the owners choose not to take part in any canine competition and just enjoy the dogs companionship. :D

I am very proud of the champion male I bred who for two years was purely a pet (and thankful they didn't ahve him neutered) whether he will be bred from is another matter, but he has a good hip score and is eye tested.  If his owners wish then his endorsements will be removed.

Another male went to a home who primarily wished to do competitive Obedience, in this arena he has been plugging away and managed an occasional place in Novice (so she could argue that he is not succeeding at the purpose she wanted him for), but he was sold as a companion. 

He is shown also and has 2CCs.  Hip Scored at 4 years of age has a hip score hafl the breed average.  He has had his endorsemetns lifted and has just been used at stud, hoping his owner will have a pup from him as he is 6 1/2 years old.

Brainless
In response to you
i have everything im writing as i said above but if any 'pet' owner showed genuine interest in showing and did well, and i felt they had the breed and thier dog's interests at heart i would not hesitate allowing them to breed, but it is my decision and not thiers.

Sharon