Contracts and Guarantees

Am I too young for junior handling? W242xH218


CONTRACTS AND GUARANTEES
   By Pam Bethurum ASCA Educational Coordinator
(reprinted here with Pam's permission)


Time and time again calls come in to ASCA from individuals that are unhappy with the way they have been treated by a breeder or dog purchaser. Some of them are novices that have never purchased a dog before, some are not. Most of the time, the grief they are experiencing could have been avoided if a contract or written guarantee had been discussed and signed prior to the transaction (sale, lease, co-ownership, etc.). To avoid some of the "he-said, she-said" scenarios down the road, a contract or guarantee is vital, even with family members and close friends. Remember that ASCA is basically a club and a registry. ASCA cannot intervene in most breeder disputes. Terry Martin has an excellent article in the Education Coordinator's column in the July/August 1998 issue, page 14, of the Aussie Times regarding ASCA's position on breeder disputes.

Many breeders have a written contract for the sale of a dog, lease of a dog, and stud service. Take the time to ask to see a contract in advance. Read the contract thoroughly and ask questions. Try to think of all of the worst case scenarios and problems that could come up and ask "what if..." . Remember, never assume anything. If it is not written in your contract or guarantee, then there is probably no guarantee given. Not every breeder guarantees their pups, dogs or services in the same way.
So what sort of questions should you ask? Especially for the novice person, it is hard to know where to begin. A lot depends on what you plan to do with the dog. For the single dog pet owner, many of the questions are not necessary, but for the person seriously looking for a show/working and breeding prospect, or thinking about breeding their male/female, or possibly to lease a male or female, here are some questions and thoughts to ponder.

•   Is the dog registered and with what registries? Will you receive the papers at the time of purchase along with a complete pedigree?

•   What is the policy on naming the dog. Will the breeder choose the name, or the purchaser. What kennel name is to be used, if any, and should it go before or after the dog's name.

•   What is the full price of the dog? If payments are to be made, what is the amount of the payment and when is it due?

•   If you reserve a puppy from a litter and give a deposit, is it refundable? If you pay in full in advance for a puppy and the puppy dies before it is received, or a puppy is not born of the sex, color, etc., you wanted, will your money be refunded?

•   If a puppy back or breeding back is part of the sales price, what is the value of it, and if something should happen to the dog before the puppy or breeding is received, will that extra amount be due and payable?

•   What sort of health guarantee is given? If the dog becomes ill, say in the first 24 hours, what should you do and what will the breeder do? Be sure that you receive a copy of the dog's immunization and worming records when you take it home.

•   What guarantee is given for hereditary defects or disqualifying faults, and will the dog be replaced or money refunded if the dog develops one? What, then, is to be done with the dog itself? Is there an age limit on how long the dog is guaranteed for hereditary defects, or a breeding restriction? (I.e.: if the dog is bred, guarantee is void.)

•   If you cannot keep the dog for any reason, will the breeder be able take the dog back and resell it or place it for you?

•   If you purchase a dog, show or trial it, gain different titles and decide to sell it, does the breeder or seller have the first right of purchase and for what amount of money?

•   Is this a show/working prospect or a pet quality dog and why? If it is pet quality, will the papers be restricted to "not for breeding."

•   In the case of a stud service, how much is the fee and when is it due and payable? When will the owner of the stud sign the litter registration.

•   Will the owner of the stud provide you with a photo, complete pedigree and copies of OFA and eye certifications?

•   Many stud owners guarantee a certain number of pups will be produced in the litter. How many pups are considered a litter? If no pups survive in the litter or fewer survive than is guaranteed, is the fee still due and when? If a puppy is to be taken instead of a fee, at what age will the pup be chosen, how will it be named and who is responsible to guarantee it to the new owner if it is sold? Also, who will have first choice of the litter, the owner of the stud or the owner of the female? Remember in the case of a pup in lieu of a fee, many stud owners require that no pups be sold until they have made their choice from the litter.

•   Does the owner of the stud dog require to see the puppies or photos of the puppies before the litter registration will be signed?

•   What is the daily rate of board for your female if she has to stay at the stud owner's home and when is it payable? Will there be a charge for mileage if the owner of the stud has to travel a great distance to an airport to pick up your female if she is shipped?

•   Will the owner of the stud have culling rights on the litter or ask that certain pups be sold as "not for breeding?"

•   What health requirements are necessary before the female is bred? (i.e.: a brucellosis test, stool sample, etc.)

•   If, after the litter is born, the owner of the stud decides to take a pup from the litter instead of a fee, it would be wise to fill out and sign a new contract.

•   In the case of a lease, how much will the lease cost and how long will the lease last? (i.e.: 1 year, 1 litter, etc.)

•   If the leased dog should become sick or injured in the home of the lessee, who is responsible for the bills? If the dog should be killed or die, what repayment, if any, will be required of the lease?

•   In the case of a leased stud dog, will the lease receive all stud fees for litters sired while the dog is in their care, or will part of the fee go to the owner?

•   Will the lease be required to show train or trial the dog as part of the lease?

•   If it will be necessary to ship the dog to and from the lesee's home, who is responsible for the shipping?

•   In the case of a leased female, if she is bred and does not conceive or none of the puppies survive, will the lease be allowed to keep her for another season or litter?


You will probably never be able to make everyone happy every time, but discussing it in advance and getting it in writing will hopefully help you avoid some of the hassles! Keep in mind that if either party should breach the terms of the contract, you will need to contact an attorney or go to small claims court to settle the dispute. If you have a contract, at least neither party can say they didn't know what was agreed upon!

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