Puppy contracts.

[Black GSD]

I have a question. If a breeder sells a puppy with your basic, "Buyer will not sell the said puppy/dog to a third party without notifying the breeder and getting their approval, blah, blah blah, contract, and later finds out that the buyer has sold said dog, does the breeder have and LEGAL steps they can take against the buyer? Sure, you could try to sue them for breech(sp) of contract, but would you win? Or would you just be spending a ton of money on a lawyer for nothing? I am NOT looking for peoples opinions, I am looking for LEGAL facts.
The reason I ask this is that I have had this discussion with horse breeders (Like myself) in the past.

Ideally, all puppy buyers would be honest people with the dogs best interest at heart, but that is not always the case as we all know. There are tons of folks out there that buy a puppy for say $1000, decide it isn't working out (usualy the OWNERS fault, not the dogs) and then want to get rid of the dog. Do they want to GIVE it back to the breeder like they said they would? NO, they want their money back. So they sell it off to someone else. Because, afterall to THIS person, the money is far more inportant than the well being of the dog.
To me, having a contract that tells a buyer what they can and cannot do with a dog (horse, cat, whatever) is like selling a car with a contract that says you canot sell, paint or do any major mechanical work on it. If someone BUYS something from you, whether it is a dog, horse, car or whatever, they are BUYING it, this means that it is THEIRS to do with what they see fit. I don't see how the seller can LEGALLY tell someone that they can and cannot do with something they SOLD. My feeling is that if you wanted to have so much controll, you should NOT have sold said item.
I am NOT talking about neglect or abuse, this is a WHOLE different can of worms. Nor am I talking about co-ownerships.

Keep in mind here folks, I am NOT saying I think dogs are just property like car, I am a "dog fanatic", mine are members of my family and I keep them no matter what. I am also NOT a breeder, I have had GSDs since 1979 and have never had a litter. I am just a curious person that wonders if a contract is REALLY worth the paper it is written on.

[Poofy]

Unless it is drawn up by a contract lawyer and you have the money to back it up...a contract is usually too full of loop holes. There are things you can do, to try and maintain first right to refuse. Microchip your puppies, keep the chip in your name, put a penalty fee, that they agree to pay, in your contract, if they breech it...(make the money go to local rescue and such), lastly, you can keep your name as "co-owner" on AKC papers (but just make sure you are aware of the possible legal responsibilities with that)

[Hobbit]

GSD, every state is different concerning civil law. Even if a contract attorney drew up an iron clad contract, another attorney could find a loop hole.

There are several Border Collie breeders that have in their puppy contract that if the new owners dual register the ABCA (American Border Collie Association) registered pup into the AKC that they will automatically pay the breeder a fee of $10,000.00. So far, no one has been able to collect on that, yet.

You could always take the buyer to small claims court if you think the contract has been broken. Again, it just depends on your state's civil laws.

[Guest Anonymous]

Hummmm what about using a Notary on a contract and filing it with the Clerk of Court. :-? .. I mean if you are that serious about pups (and you should be if you are for the breed).

[Black GSD]

Kiwi,

Does your guarantee last for the life of the dog? Or is there a time limit for a refund?

[alicat613]

I'd check out the state laws. I'm wondering, say the dog was bred in state A, sold to someone in state B, then sold to someone in state C...which states' laws apply? Hmm...

Anyways, I know at least here in Washington a verbal contract even is pretty binding. Any contract written and signed by both parties is darn hard to get out of, no matter what the loopholes are here.