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  #11 (permalink)  
Old 03-02-2008, 12:23 AM
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Re: Puppy contracts

Quote:
Originally Posted by sallyanne View Post
Taken from Trevor Coopers website,

However…

If a written or verbal contract is entered into that has additional terms included (like a no breeding clause) or either party makes a specific claim (e.g. the dog is KC registered) then that becomes part of the contract of sale and is legally binding

this only applies btw to those who don't sell dogs "as a business".


All I could find on TC's website is this
Quote:
There are no special laws that apply to a contract for the buying and selling of a dog.
Which reads to me exactly what it say's! No special laws regarding the enforcement of puppy sales contracts!

Quote:
So by the New Owners signing and us as the Breeders signing it therefore makes the contract legally binding.


Sorry, but it wouldn't without being witnessed, and even then you could be left severely out of pocket and still less your pup should you ever find yourself in the position of taking puppy buyers to court, there are no hard and fast rules where puppy sales contracts are concerned, and, even as a breeder there is no safe guarantee that should you ever have to petition a puppy buyer to court that anyones puppy sales agreement would stand up within that court of law!

Last edited by Nicci; 03-02-2008 at 12:29 AM.
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Old 03-02-2008, 09:46 AM
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Re: Puppy contracts

I'm not going to argue over it,but a contract is a contract,if it is signed by both parties it makes it a legally binding contract.
These have been used in court with sucessful outcomes,more are going to court nowadays with sucessful outcomes also.

Like everything in life,some will win,some will lose,personally I would take my chances and go to court if my contract was breached.
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Old 03-02-2008, 10:08 AM
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Re: Puppy contracts

Three of my four dogs i have had to sign a contract for !
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Old 03-02-2008, 10:21 AM
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Re: Puppy contracts

I signed contracts for all of mine, one being from a rescue hme and the other two from a breeder.

Now whether they are legally binding or not (and i really think they should be) i would adhere to that contract as a matter of principle. I knew the contract rules beforehand and if i didn't agree wouldn't sign.

I know there are people who pretend to want a dog for one reason but really it's another more dubious one, which is why these contracts should be made legal as a matter of urgency.
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Old 03-02-2008, 10:30 AM
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Re: Puppy contracts

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Originally Posted by dh.dti View Post
No offence sally...

like i said in my previous post, 2 peoples signatures on a piece of paper does not make it legally binding. (it has to be legally approved prior to any signing & as already said by "Nicci" it must be witnessed & signed by an independent 3rd party)

Although of a different nature, i deal with contracts every day at work & every thing i sign has been approved by a legal representative first.

I'm not against contracts for pet sales, however like i said, too many loop holes.

hth

None taken.....

So why are these so called non legally binding holding up in court then?
What about adoption contracts that come with rescues,they are roughly the same as puppy contracts,signed by new owner and a rep of the rescue,are they not legally binding either?
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Old 03-02-2008, 10:42 AM
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Re: Puppy contracts

As I said previously, I have never signed a contract for a pup, but if it was legally binding, I would want a solicitor to look at it first, this would obviously add expence. I had a solicitor check a contract 6 years ago for a building I was going to lease, that cost me £450.00, I know it was more complicated than these, but i doubt they will do it for free.
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Old 03-02-2008, 12:27 PM
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Re: Puppy contracts

Quote:
Originally Posted by sallyanne View Post
None taken.....

So why are these so called non legally binding holding up in court then?
What about adoption contracts that come with rescues,they are roughly the same as puppy contracts,signed by new owner and a rep of the rescue,are they not legally binding either?
Rescues would say that their contracts will hold up in court because you don't technically 'buy' a dog from rescue, you give a donation
Although, I'm not sure that the courts would see it in the same way, most rescues have a set donation, no donation, no dog, so I fail to see how that isn't a purchase!

I love reading these kinds of contracts as they can usually be pulled apart by most people within seconds.

Last edited by Nicci; 03-02-2008 at 12:35 PM.
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Old 03-02-2008, 12:35 PM
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Re: Puppy contracts

Quote:
Originally Posted by dh.dti View Post
No offence sally...

like i said in my previous post, 2 peoples signatures on a piece of paper does not make it legally binding. (it has to be legally approved prior to any signing & as already said by "Nicci" it must be witnessed & signed by an independent 3rd party)

Although of a different nature, i deal with contracts every day at work & every thing i sign has been approved by a legal representative first.

I'm not against contracts for pet sales, however like i said, too many loop holes.

hth
I agree with you darren ,i wouldnt think they could hold you to much with one of these contracts,or vias versa !
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Old 03-02-2008, 02:27 PM
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Post Re: Puppy contracts

So if this is all true how can people be taken to court over, spoken agreements???? I have done A level contract law, with precidents on all such cases with contracts signed with paper and spoken agreements. But to be sure that your contracts can be covered for ambiguity and other such things you are best to take the contract to a solicitor to check over terms.

If a contract is signed it is deemed to have been read and understood. Breaking any of these terms, can lead to court precedings. As what would be the point in a contract if not?? As yet there are no precidents is such cases of dog sales there is nothing to take information from, but as to rules of statutory interpretation, if all situations are covered in terms and exclusion clauses. You should be covered and it is upto the court to decide wether the other party has infact broken the terms.

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Old 03-02-2008, 05:31 PM
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Re: Puppy contracts

I agree that puppy contracts are a good idea that show responsible breeding and love for the puppies you have reared, I tend to think now generally they are not a good idea. Either you are selling a dog or you are not..

All you end up with, with most contracts I have read is a half clause of something that is reassuring...Well so our solicitor says!
I signed a contract for my one of the dogs I own now which is something that I cannot talk too much about right now as this is being persued through the very avenue's that we are debating basically the gist of the story is, we had a bitch on terms and she hasn't turned out to be show or brood quality we are being persued because we haven't (and would never dream of) meeting our end of the bargain with a bitch that has health problems, which have been medically proven by our own vet, and also an independant vet because her breeder wanted a second opinion!
I have no intention of handing our dog back over because we've loved her as part of the family for almost two years! The problems that she has were picked up by us the very day we brought her home and should have been easily spotted by her breeder. Things are looking quite good for us, we're back in court end of this month which hopefully will be an end to it.
The last couple of months or so I have learned that these contracts are not worth the paper they are written on and have no real legality if you get yourself a good solicitor to pick them apart.
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