I recently asked on Facebook what a typical dog purchase contract looks like. I asked from the breeder’s and also from the buyer’s point of view.
The good news is that most people were able to find a breeder with a contract that worked for them and everyone lived happily ever after. The bad news is that there were exceptions ranging from the very mild to the over the top bizarre.
After reading a few hundred comments, I came up with the following list of possible considerations when you are purchasing or selling a dog with a contract. Here’s my list:
- Be aware that most contracts in the dog world are not legally enforceable, especially the ones that are micromanaging. Legally, dogs are property. As a result, do not rely on contracts to “force” the behavior that you want. Instead….
- Do not buy or sell an animal if you are not comfortable with the other person! No contract in the world will make an irresponsible buyer responsible, and no amount of pleading after the fact is going to soften a breeder who does not see things your way. Walk away!
- If you are a buyer, do not put down a deposit until you have seen the written contract. Verbal discussions are good, but at the end of the day it’s what is in writing that you need to agree to. First discuss and then write it down.
- If you want to communicate to the buyer how you “hope” they will raise, train, exercise, etc their new puppy, then consider having two separate documents – A contract that is simple (and more likely legally binding) and a second document that explains your preferences. Discuss both in depth! And if you think the buyer isn’t on board with your way of thinking? See number 2….Are you sure you should be selling this person a dog?
- Look for a person to work with who is a good “match” for your temperament. If you are a highly controlling breeder, look for buyers who welcome this as a sign of support and long-term caring. On the other hand, if you’re an opinionated buyer who is inclined to resent any and all efforts at control, look for a seller who is comfortable with a more hands off approach. This isn’t a matter of right or wrong! Some people want a ton of interaction with the breeder and others do not. Match yourself wisely.
- If you are the buyer and there are specific things in the contract that make you uncomfortable, talk to the breeder. They may be more than willing to make changes for you. If they have no flexibility at all, consider if this is someone you can get along with for the next ten or fifteen years. Conversely, if you are the breeder and the seller is asking for changes that make you uncomfortable, do you really want to rely on your contract if you are not able to find an acceptable resolution? Remember, dog contracts often fail as legally binding documents, so a compatible buyer is much more likely to result in success.
- Be aware that contracts that create long-term relationships such as co-ownership, breeding arrangements, show requirements, etc. can turn sour. Even the most comfortable friendship can fall apart. Are you willing to take the risk?
- If you smell crazy, RUN RUN AWAY!!!! Think about it for a second. Is it worth it? You’ve already seen signs that the person you’re working with is irrational, unstable, unpredictable, irritable, or shows some other aspect of unusual behavior that makes you look twice. Are you sure you want to take a chance?
Beyond that, note that while a contract can get you financial compensation for specific issues, it will not take your unhealthy dog and make it well, or your behaviorally unsound dog and make him stable. There is an animal to be considered here, and contracts do not influence that one way or the other. Do your research! Personally, I don’t care if an animal that I buy comes with a contract or not; my number one priority is an honest and ethical breeder who tells me what I need to know. At that point, I willingly take my chances and accept full responsibility for the welfare of that dog. For every “but the contract must have this!” statement that I’ve seen, I have easily come up with reasons why that statement might not be in the best interest of the dog under various circumstances.
Before anyone freaks out, it’s also worth noting that many puppy buyers and breeders end up becoming lifelong friends, so you shouldn’t be afraid to buy a dog! But going in with eyes open, both as the buyer and seller, can make the chances of success much higher for both of you.
On another note, come check out what we’re doing over at Fenzi Dog Sports Academy (FDSA) and the Pet Professionals Program (PPP)! With well over 100 offerings (webinars, FDSA and PPP workshops, self study and regular classes) during each two month term, there is definitely going to be something there for you.
Great article from both perspectives. My breed club requires written contracts for all transactions. Makes people think a bit – again from both perspectives.
Awesome information. Am a dog owner and am looking to breed. Like your honest views for both sides
We purchased a Labrador retriever for $1800.00. Vet checked upon getting. One year old puppy lame, Vet checked waiting for results. What would my recourse be if diagnosed with orthopedic problems other than returning puppy. Which is not in the equation. Thank you
check your contract. The reality is, there are no guarantees, no matter how careful the breeder is. So your contract dictates your recourse.
I entered into a contract with a breeder August of 2018. I still have not received a puppy. Contract states no refund on deposits. Breeder has had 3 litters since the contract was negotiated, but still no puppy. Should I contact an attorney?
Well I do not know because I am not an attorney. But I’m sorry you’re going through that!
I recently inquired about purchasing aN AKC Dalmatian pup. I wanted to consider all possibilities with my new pup, ability to show or to breed or to spay/neuter etc. I
was shocked after the breeder projected on to me and shouted every negative thought she apparently ever had about people breeding Dals, I’m not such a person.
I was sent a contract To consider that required me to send my pup back to her at maturity for her to breed and she would have the litter then send the pup back. I rejected her contract and her as a breeder. I learned from others she sent out an alarm for all breeders to be alerted they should not sell me a puppy. This breeder is crazy to think she can scare me from showing her contract I guessing or damage me by blacklist because my goals and needs were different than hers. She was dominant, and controlling, and emotionally she seemed at her limit. It really too the joy out of looking for a pup. Now what do I do? She Urged every breeder she could to specifically not sell a Dal to me. Another breeder her friend apparently said I said outrageous things. If saying I didn’t feel her contract is enforceable translates outrageous then so be it. I didn’t deserve this , I did nothing wrong except not like the control the domination or the breeder. no one deserves this. How can I ask other breeders she blacklisted me to turn her in?
II’ve considered a private investigator to assist with her slander And damage she inflicted on me. We simply have a different opinion about purchasing a puppy.
Hi I have a contact with a breeder one short page dog is 3 I payed 1,500
Registration in both names
Wants to keep showing till May
Takes him away for hand stripping weekly
Could have 16 shows
This groomer/ breeder is under question of bad handling has been in process of been deregistered lots of complaints abuse
I’m am now fretful of him handling my wee dog who is timid and taking him away for weekends to shows
Surely this ask wouldn’t stand up in a contract especially after his reputation?
Great information. Thank you. I have a question about seller(hobby breeder) sold her 7 week 2 day puppy to me in a CA jack in the box parking lot after finding her on Craigslist with a contract. She is unreasonable, calling weekly for pictures, updates on vaccination and neutering, telling me what to do with dog and I can’t communicate with her anymore, she tries to intimidate me and I feel bullied. She is asking after 2 month to do a home check because puppy is biting my kids and she says it’s our fault. I have arranged for training for our puppy and we will do everything to have him properly trained not to bite. It is an Australian Shepard 3 months of age. Nothing in the contract states that and it is Covid I don’t want a stranger in my home. Any advise?
I purchased a 8 week old Rottweiler puppy and 5 days later it was diagnosed with parvo. 4 days at the vet and it passed away. Talked to breeder about refund and he refused
Great article from both perspectives. My breed club requires written contracts for all transactions. Makes people think a bit – again from both perspectives.
Great article from both perspectives. My breed club requires written contracts for all transactions. Makes people think a bit – again from both perspectives.
I adopted a dog from a rescue and he had behavior problems. He was a great dog in many ways and I still love him but he had doggy ptsd. We tried our best to make it work but he bit our daughter unprovoked so we had to decide fairly quickly what to do with him. I tried contacting the rescue where I got him from and they were a nightmare to deal with. At one point I just decided to let them know of my desire to not work with them and find the best solution on our own and they flipped. They referred to the pet contract which I told them was not legally enforceable. They, not giving me any indication that they were taking my daughters bite seriously, made me feel like they weren’t going to do right by my dog so I get I needed to find some other way of dealing with what just happened. They threatened to come to my home and take him against my will. This caused me lots of grief and I decided (after speaking with someone more reasonable) to give him up to them. Now they are giving people on their fb page false information about the situation and about my dogs behavior issues. They’ll most likely sugarcoat/ignore his issues and try to rehome him again. I wish I had gone with my gut and not have turned him in to them.
I am truly sorry you are going through that and hope you are able to move on soon.
My father n law recently passed away. The breeder within a week is telling my mother n law that she is coming to take the dog and can forcibly enter the house with no problems. My mother n law wants to give the dog to friends who dog sit for them and is a good home. Breeder said she can’t do that. I read the contract and it said they can forcibly enter the house and that when my father n law passed she has a right to the dog. Can this possibly be true? It’s ridiculous. They payed a lot of money for this dog and he has a loving home. Breeder wants him for Breeding and says she doesn’t have to pay my mother a cent. How can this be. I’ve been around dogs all my life, but not a purebred. But this just seems absurd. I can understand not breeding him but to take any decisions out of the owners hand. It’s like leasing a car. This contract can’t be legal.
I’m so sorry you’re going through this. I think your mother-in-law should keep the dog and use the dog sitter – full time. Like…365 days a year. But…still her dog. And no, I find it extremely unlikely that a contract of that type would be enforceable but there are contracts that give the breeder first right of refusal. Which is why I’m suggesting that she not give the dog away. Just use the dog sitter FOREVER.
I didn’t realize my contract states I have to neuter my puppy. I want to buy a female later and have just one litter. My breeder refuses sell me rights. Most just ask for a fee. She said she won’t budge. What can I do. I even offered to let her know who I was going to breed with.
I questioned the amount of liquidated damages in my contract, and my breeder told me not to make him think I was not a responsible dog owner.
That still sticks in my craw.
I signed a contract to neuter my dog before he turns 1 year. I don’t want to neuter him until he is finished growing. Can you enforce the contract? Or is just scare tactics. I am not going to breed him, I just don’t want to neuter him until 18-24 months
I am not an attorney so will absolutely not give you legal advice. I will, however, speak from the perspective of a breeder and buyer who has signed contracts.
For me, the purpose of a contract is to create an understanding – this is what I want and expect and then the other has a chance to know these things and to respond with a “yes that works for me” or a “no – can we talk this through a bit more?”
I suppose if you have had a change of perspective since you signed the contract, then the logical starting point would be an open conversation with the breeder where you ask for an exception with an explanation of why you’ve changed your point of view. Why worry about the legal points when you can simply discuss it?
Honorable behavior is not a matter of what is legally enforceable – it is what you and another party agreed to. And if the value of your word has integrity, then the legal side is not relevant.
I placed a deposit for 1000k for a bullie from a well known breeder. 2weeks after I mad the deposit any correspondence sent to breeder about the pups went unanswered. (txt, email, ig). I requested photos and just updates nothing. they would make post but not respond to me personally. in the 7th week when I was expecting to get the pup 2 weeks later after again requesting status I was told I was being issued a refund without a why. I was sent a screenshot of the pending refund and after a week still no refund. it was only when I spoke of an attorney did they respond angrily. they then blocked all communication and replied I was annoying, they couldn’t deal with my requesting an update on my refund status and to have my attorney send them a demand letter. they already acknowledge I was getting a refund but was upset when I was inquiring the status. the contract shows there is a non disclosure against any 3rd parties that include details of the contract. does this mean I can’t sue for my refund since I didn’t get a puppy and wasn’t given an option to defer to another liter. the chose not to sell to me I didn’t forfeit.
I was given 2 dogs for free but came with a written contract that they were pet only and the female got pregnant can they sue me and for what if the dog was given to me for free also in the contract it states she is downsizing and cannot take the dogs back so what would she sue for
So how do you find a good contract lawyer for dogs? Most contract lawyers I talk to DO NOT WANT ANYTHING TO DO WITH DOG CONTRACTS, since they deal with Dog issues they know nothing about. Is there a website or directory of contract lawyers that handle dog contracts for each state?
I need a contract lawyer now. I found that “Crazy Breeder”. One that did not give me my dog papers, lied to me, and skipped the state without telling me. She has financial problems, mental problems, and I need to kill the contract legally NOW.
Great article thanx! Recently got a puppy from a nightmare agency with a “contract”. Entered in good faith and then the nightmare micro-managing began. Threatened with lawsuits for breach of contract, wanted us to return the puppy, etc. Finally had to just stop communicating with the agency and hope for the best. Talked with an attorney who explained the whole pet as property angle which made perfect sense. Using the analogy of a candy bar purchased at a store, the ‘agency” was basically telling us how to eat the candy bar we just purchased which is ridiculous to say the least. The law of sales is quite clear for the most part. Monetary exchange means ownership exchange. Bringing a puppy into your home should be a wonderful experience. Ours has been nightmarish to say the least.
I think a contract for a dog is insanity. Like the writer said they are considered property by the law. (even though they are loved and are family)
It’s like breeders feel they still own the dog even though you pay for the dog. Once the dog is sold it’s not their dog anymore. That’s what sell means.
The dog contract is basically a sleezy and immoral way to keep control and part ownership on a dog that THEY ARE SELLING at full price. They want you to buy the food and pay the vet bills and provide the space and love for THEIR dog that they loaned you. (that you paid full price for)
They basically want someone to pay all the bills for THEIR dog.