We do not give legal advice and therefore do not include sample contracts, as each transaction may be unique. However, Karen Fore, member of our Breeder Education Committee has written about the elements of a contract that all breeders and buyers should be aware of.
Preparing Contracts
by Karen Fore
Members of the French Bull Dog Club of America have signed a Code of Ethics that includes completing all transactions with written contracts. These contracts should cover selling a puppy, an older dog, or agreeing to provide stud dog service.
While the Breed Club itself does not require members to use the same terms of agreement with clients, it is important to include certain information in the contracts to avoid disputes between parties, fulfill breeder recordkeeping requirements of the American Kennel Club, and to stay within the other guidelines in the FBDCA Code of Ethics.
In preparing a sales agreement, it is recommended that the Seller/Breeder
Identify the dog(s) involved commensurate with AKC Dog Record requirements so contract information and the AKC Dog Records of the Breeder match.
After naming parties of the agreement, this data would identify the dog(s) involved in the agreement:
IDENTIFICATION:
- Breed
- Registered Name and AKC Registration No. (or litter no. if not registered)
- Sex, Color, Markings
- Date of Birth
- Names and Registration Nos. of the sire and dam
- Name of the Breeder
After the identification of dog(s) involved, I make a statement to indicate ownership of the sire and dam at the time of mating, whelping, and date of the contract so the RIGHT TO TRANSFER the dog(s) is established. This may be important legally if the sire and dam were co-owned, an outside stud dog was used in the breeding, or the dog was a getback between two breeders.
TERMS OF SALE:
Legal agreements must designate an amount or terms to bind and complete the contract between parties. If the purchase price or stud fee is separate from expenses, such as shipping, delivery costs of semen shipped, lab work or other vet expenses involved, it is best to clarify that these costs are in addition to purchase price of the dog or services rendered in a stud agreement for a mating. This would prevent misunderstandings concerning each party’s responsibilities.
PURPOSE OF SALE:
A separate style of contract is often used for a puppy bought to be a show prospect versus one that is to be a companion/pet. A statement concerning purpose is an appropriate paragraph to indicate if the Breeder’s contingencies are based upon mutual agreement between Breeder and buyer(s). Many breeders require a pet/companion to be spayed or neutered. Some Breeders will guarantee that the dog purchased will be able to complete its purpose (achievement of a title) while others make no declarations except that the dog is a “show prospect” and appears to meet the AKC standard for conformation or have the temperament to achieve obedience or agility accomplishments.
HEALTH WARRANTY:
Although breeders have health guarantees that vary in length of time and the issues covered by their contracts, reputable Breeders give buyers some type of guarantee in today’s marketplace. Even some commercial breeders and pet stores have written guarantees concerning health issues. To protect both the Breeder and the buyer(s), I am very specific although broad in outlining the terms of my health warranty.
Prior to signing an agreement, I have ascertained that the buyer is thoroughly aware that this breed has specific needs, inherent tendencies in structure and anatomy and that the buyer(s) know what these are. My guarantee is not intended to cover cosmetic faults but genetic weaknesses so this is clarified. The length of time, enumerated health issues, and the process for parties to work through in requesting a replacement puppy or refund are clearly stated. This area in the contract should be defined so that if a problem later occurs, the parties can refer to the agreement and on a friendly basis apply the guarantee.
It is my thinking that Breeders should carefully consider what they are willing to do in “making it right” with a disappointing situation that occurs if a puppy develops a problem. It is a disappointing situation for both Breeder and new owners. A Breeder can always GO BEYOND the terms of the agreement in making settlement. However, to overstate one’s intentions as a Breeder may lead to increased disappointment, hostility, disputes or even legal action by the owners of the dog. Careful thought and reviewing this guarantee with a prospective buyer is important to prevent a disappointing development from turning into a volatile relationship. My agreement includes my vet and the new owner’s vet in intervention if such becomes necessary to make important decisions concerning the dog’s welfare.
ADDITIONAL RESPONSIBILITIES:
A contract is not a one-way commitment on the part of the Breeder. To fulfill my policies and my commitment to follow the Code of Ethics of our national breed club, I have added several requirements for owning one of my dogs.
As an example, I want to clarify the type of environment and care that I expect an owner to provide, just as I am committed to high standards of “canine health, cleanliness and care” as stated in the Code of Ethics.
I want the buyer of a dog to agree that my dog will not be sold to “a commercial facility, puppy brokers, pet shop, puppy mill, or agent thereof” as stated in the Code of Ethics.
I prohibit the sale of frozen semen at auction or to any commercial kennel, broker, etc.
BILL OF SALE:
Since making agreements, signing agreements, transfer of the puppy, and the buyer’s acceptance of the puppy as meeting their expectations after a vet visit are a continual and all important facets of the sales/transfer process, I have included this statement at the end of my contracts:
“During the process of transfer as outlined herein, this Purchase Agreement is considered a Bill of Sale to satisfy American Kennel Club policies/procedures.”
On my AKC Litter Record, I note the date my Purchase Agreement is signed and bound by buyer’s deposit as well as the official date of transfer. As a footnote to the agreement, I note date deposit is received, balance is received, acceptance by buyer’s vet is given and date noted on AKC Transfer Application.
For signature lines, the names of parties, addresses, phone nos., and email addresses are placed. It’s easier to pull contracts out of a file if contact is necessary later than to leaf through my AKC recordkeeping notebook.
