| Pet sale contracts are the written
agreement between a breeder and purchaser that creates an understanding
between all parties regarding the life long well being of the dog. It ensures that both
parties have some legal recourse if the other individuals do not
fulfill their end of the bargain.
A good
contract will describe the responsibilities of each party, anticipate
any significant changes that might occur in the future that could
affect the status of the dog, and describes what will happen in the
event that one or more parties violate the terms. The document needs to
be
comprehensive, while at the same time, relatively simple so that each
party clearly understands their rights and responsibilities. Some
items to look for in a well written contract include:
BILL OF SALE
A Bill of Sale documents the
transaction between buyer and
seller. It should contain the name of the seller and the buyer and
their contact information, a
description of the dog, including litter or individual registration
number, name of
sire and his registration number, and the name of dam and her
registration number. Other stipulations may be included, such as health
records,
terms of ownership and the price paid for the dog.
TERMS OF USE OR OWNERSHIP
This section should describe the purpose for which the dog is being
purchased, for example a companion, show prospect, performance prospect
or working dog. Any restrictions to the registration status such as
limited registration or open registration should be noted and agreed
upon by both the buyer and seller. If the dog is to be co-owned between
the breeder and purchaser, the terms of such an arrangement should be
described in detail. This section should also describe how the breeder
and purchaser agree the dog will be maintained, the sort of vet care
and housing it will receive and what will happen if the owner can no
longer keep the dog.
CO-OWNERSHIP AGREEMENT
An arrangement between parties
stating that a dog is owned by more than
one individual. Any litter whelped by a dog that is co-owned is
considered to be the property of both the owner and co-owner, unless
there is a written agreement that stipulates otherwise. A litter cannot
be registered with out the signatures of both individuals on the litter
registration application form.
A co-ownership means that each
person retains the right to have a say in all matters concerning the
dogs. Many breeders require this because they want to ensure that the
owners take good care of their dogs and can offer guidance and
supervision. They may require a puppy or litter back in return or that
the purchaser acquire a certain number of titles or health clearances
as part of their agreement. Some co-ownership agreements are for life
and some are limited until a time when specific terms are met.
SPAY/NEUTER AGREEMENT
Spay/Neuter
Contracts are a written
agreement between buyer and seller that state the dog must be neutered
or spayed. If a dog is sold under such
conditions, it is often also sold with Limited Registration papers that
restrict registration to that dog and will not allow any offspring to
be registered.
WARRANTIES
A warranty is an agreement or
undertaking by the breeder to be
responsible for any inheritable or congenital defects that may occur in
the pet. Warranties should include
disclosure of any congenital defect or “common hereditary disorder in
the dog or the lineage of the dog of which the breeder is aware as well
as a record of inoculations and deworming treatments. A warranty should
describe what action(s) will occur between the breeder and purchaser
should a hereditary disorder or congenital defect occur and specify a
time limit on the warranty and any actions taken under that agreement.
Buyers would be entitled to exercise rights under the warranty if
a dog acquires a congenital defect or common hereditary disorder,
as certified by a veterinarian. In such a case, the warranty may state
that the purchaser may recover all or part of the original
price or receive a healthy dog or puppy of similar quality.
Since
the parties signing a contract are legally bound to the terms within,
it is important that every individual fully understand each section and
their rights. If you have any questions or feel confused by the
contract, do not sign it until you have a chance to review it and have
it clarified to your satisfaction. A well written contract can make a
tremendous difference in the relationships between the breeder and
purchasers future.
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