# Puppy sales contracts and breeding contracts



## swarthy (Apr 24, 2010)

I am NOT a lawyer - however, it is with increasing concern that I am seeing PF members dismissing puppy sales and breeding contracts as "they are not worth the paper they are written on" (or similar).

I am really concerned that advice given to a PF member, or picked up by a non-member visito, however well intentioned, could potentially could land someone in serious hot water.

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A contract is

_an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration_

i.e. paying a sum of money in return for a puppy or a breeding bitch.

_The existence of a contract requires finding the following factual elements:


a) an offer - i.e, Payment of the price of a pup
b) an acceptance of that offer which results in a meeting of the minds - i.e. the breeder accepting the price offered. 
c) a promise to perform - 
e.g. returning the dog to the breeder as opposed to reseeling
d) a valuable consideration (which can be a promise or payment in some form); - 
i.e. the puppy (or dog) 
e) a time or event when performance must be made (meet commitments); - in this case could be open ended - 
e.g. for the life of the dog - 
e.g. the breeder taking the pup back / assisting with rehoming.
f) terms and conditions for performance, including fulfilling promises - e.g. breeding endorsements - taking a litter etc
g) performance - 
caring for the pup, training it and possibly neutering.
_


The price asked for a puppy is NOT part of the contract, it is known as "Invitation to Treat" - it only becomes a contract when the buyer agrees to pay the sum requested - technically, there is nothing to stop a breeder changing their price for new puppy buyers.

*The remedy at law for breach of contract is usually "damages" or monetary compensation. In equity, the remedy can be specific performance of the contract or an injunction. B

Both remedies award the damaged party the "benefit of the bargain" or expectation damages, which are greater than mere reliance damages, as in promissory estoppel.*
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A contract - whether written by a solicitor or your mum's sister (unless the person is declared not responsible by reason of insanity or age) if it contains the above factual elements is legally binding in law.

It can even be an agreement between two people shaking hands in a pub, or written on the back of a postage stamp - it is STILL legally binding in law.

*ENFORCABILITY*

There is a key difference between a contract being legally binding and being enforceable (and to enforce a contract inevitably costs money).

A solicitor can advise on the terms of a contract in the event of a breach (or it's potential validity before signing)

If they don't have legal precedent, ultimately, only the courts can determine whether the terms of the contract are reasonable (and hence legally binding) and therefore enforceable.

There probably isn't a precedent for most dog sales / breeding contracts because they seldom get that far - it doesn't however mean that one won't.

If a puppy buyer or breeder decided to pursue a breach through the legal process.

This is why breeders who use the full complement of health tests can't and shouldn't guarantee that any pups will be free from affectation by certain conditions, because there are so many factors over which they have no control.

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Breeding endorsements for me are a very real concern having seen the hell a friend has gone through

The breeder changed the terms of the contract for lifting the endorsements, and therefore has breached the contract - unfortunately - that agreement was verbal, and therefore, the onus is on the buyer to prove this - very difficult with nothing in writing 

If you buy a dog with breeding endorsements, you must ensure that you sign the requirements for lifting those endorsements and both you and the breeder retain a copy signed by both parties, that way there is no doubt.

If you are not happy to sign, or don't understand the requirements then you MUST research if before you sign the contract.

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If a breeder sells you a puppy, and within the terms of the contract sale it states "you must walk this puppy for an hour a day wearing a green hat" - and you sign it - you have AGREED to do what the contract says.

I fully acknowledge this is a stupid and unlikely to ever happen condition of buying a puppy, (and probably virtually impossible to monitor unless you live next door to the breeder) nevertheless, if both parties agree to it, it is technically legally binding under "performance".

IF such a case got to a solicitor, the response would probably be (once they have stopped laughing at its stupidity) that the condition of the contract is unreasonable, and therefore likely to be enforceable in law

But if there is no precedent in law, it doesn't guarantee it would be deemed unreasonable by the courts if the breeder wanted to spend their money going down that route.

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Remember also, if someone takes a court case out against you and wins, YOU could well become liable for their costs as well as your own.

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Remember also, that just because something hasn't happened before, doesn't mean it won't happen in the future - only then would we have a precedent in law to which people can work to.


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## dexter (Nov 29, 2008)

if anyone gets the chance to go to one of theses seminars do so

Doglaw


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## Blondie (Feb 27, 2011)

dexter said:


> if anyone gets the chance to go to one of theses seminars do so
> 
> Doglaw


I can recommend those too! :thumbup:


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## swarthy (Apr 24, 2010)

dexter said:


> if anyone gets the chance to go to one of theses seminars do so
> 
> Doglaw


Thanks for that - would definitely be worth doing one.

I just get a little nervous when I see people dismissing them so easily  there is no guarantee that any contract would hold up under scrutiny by the courts - but nevertheless, it could - and until it happens, one has to assume that the contract is enforceable in law.

"Caveat Emptor" applies when buying anything second hand, which is technically what a puppy is (sounds horrible when you actually say it  ) - but that is what they are 

And of course, if no paperwork changes hands and no conditions attached, then there is nothing to challenge - but it seems increasingly these days contracts are issued and people are falling out over endorsements / breeding contracts / rehoming - and sooner or later someone will use the full force of the law to get their point across


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## kodakkuki (Aug 8, 2011)

Thankyou so do much for this posting! 
Just today I began one of the final drafts of my contract (not needed for over a year though), but didn't know if I had covered all points needed in it- and that was perfect clarification!

Once I get it finished however, is there anyone who could read it over, or send me a skeleton copy of a puppy contract so I can make sure mine is complete and worded right!? Or even post one here?


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## natty01 (Sep 4, 2011)

swarthy. can you tell me is it common for a breeder to put on the puppy contract that a dog must be fed a certain food ?


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## chyna05 (Oct 3, 2011)

natty01 said:


> swarthy. can you tell me is it common for a breeder to put on the puppy contract that a dog must be fed a certain food ?


my mom always wrote on the contract what she fed them so there was no upset bellys but unless the pup has spiecal dietry needs cant see why they would want to force a brand on you.


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## DoodlesRule (Jul 7, 2011)

How I read it when people say not worth the paper written on is simply that other than endorsements not to breed, which would be picked up if owner tried to register a litter, anything else how will the breeder know?


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## swarthy (Apr 24, 2010)

DoodlesRule said:


> How I read it when people say not worth the paper written on is simply that other than endorsements not to breed, which would be picked up if owner tried to register a litter, anything else how will the breeder know?


Most of the comments have been around endorsements and breeding terms.

It depends what the terms of the contract are - puppies advertised in Free ads from established breeders where the breeder has specified notifying them or returning the pup / assistance with rehoming etc - often tend to get flagged quickly by others - enabling those in the know to direct people back to breeders / breed clubs etc.

One of my show bred girls litter mates was only on the free-ads for a couple of hours if that - the breeder was notified and one of the breed clubs assisted with rehoming.

There could be all sorts of things someone may, or may not put in a contract - and yes, if you read ALL my post, I made it clear that certain stipulations (albeit a silly extreme example) would be highly unlikely to get back to the breeder - although even there, I have known of certain situations that have prompted a breeder to park up outside an owners home every night !!!!!! 

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Endorsements, export pedigrees and breeding terms are probably the three main areas where contracts really come into play -

Comments such as "not worth the paper they are written on" could land someone in very hot water through no fault of thier own -

There isn't one of us on this forums who could ultimately say whether a contract would stand up or not - Solicitors can advise and guide - but ultimately, even they can't make a final judgement, only the courts can do that.



natty01 said:


> swarthy. can you tell me is it common for a breeder to put on the puppy contract that a dog must be fed a certain food ?


 technically yes of course, they could - would they know? unlikely

Would it stand up in court? who knows? I would think it highly unlikely it would be deemed reasonable - but that's just me.

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I didn't start this thread as any sort of expert or legal boffin, because I am neither - I can't say whether any condition of a contract would be valid - not for my own or anyone elses - all any of us can do is try and make our contracts as reasonable as possible so they carry a high likelihood of being enforceable. should the need arise.

I have seen things along the lines of "will be a good show dog"", "guaranteed free from joint problems" - all things you don't want to say and can't guarantee.


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