How many breeders out there really have contracts that are worth the paper they are written on. Just how enforceable are they?

What most people don't realize is that once you sell a puppy (or use your male to stud a bitch to produce puppies) those puppies become PROPERTY. Unfortunately, the law still sees animals as property and you can NOT tell someone what to do with their own property. So no matter what they do with the dog/pups, you can NOT sue for damages, or return of the dogs/pups, because the dogs/pups become the property of the owner or breeder.

So how do you enforce your contracts then? How do you protect those pups?
Well, what you have to do is sue not for the dog/pups (PROPERTY), but you can sue for "BREACH OF CONTRACT".
When writing contracts it is not enough to just stipulate terms and conditions. You must also stipulate what will result should the terms and conditions (contract) be breached. Therefore, you will legally be able to ask for damages if (heaven forbid) you ever have to sue. If you don't stipulate this in the contract, then its not worth the paper its written on. When you stipulate "breach of contract", make sure the damages will far outweigh any compensation the breeder/owner or other party, could possibly gain from breaching your contract.

Example:
Someone buys your puppy for $1000 then turns around and resells it for $2000 to a known puppy mill. (And this has happened to a well respected MCOA member. They never could get the dog back and it was producing puppies for a puppymill).

The party knowingly breached your contract that stipulates puppy can not be resold to a third party or known petshop or puppymill. If your contract has no stipulating terms saying what will result if contract is breached, there is little you can do about recovering your puppy or damages.

BUT!
If your contract stipulates that in the result of "breach of contract", the other party agrees to pay you $5000 in liquidated damages (or whatever you decide), then the owner/breeder of the dog/pup has more to loose by reselling the dog, than he has to gain when he sells it. They are going to think twice before selling the dog and gaining a thousand dollars if they may loose five thousand in the end.

Make your contracts enforceable. And ALWAYS get it in writing. Be sure to give a copy of the contract to the buyer/breeder, even if breeding or selling to a friend. This way BOTH of you know exactly what to expect from each other. In the end, it could save a friendship. In the end, it could save those puppies! And if the puppies are protected, you will have piece of mind.

Twice I've had to reposses dogs. Both occasions the owners forfeited the dogs and AKC papers before we went to court.

Remember, no matter how hard you try, how many referances you check, or how well you think you know someone, there's always a chance that you may have to have a puppy come home. Be sure your contracts are well written and enforceable. Spend a few dollars and seek the advice of an attorney to be sure your contracts are enforceable.

Make sure that puppy gets to come home if it needs you!

Please do not write me asking legal questions. I am not an attorney. I strongly advise you to check with an attorney in your state to make sure your contracts are legally binding.

© 1997 dondick@iswt.com