I have read in some of the threads that some breeders give out puppy contracts. I have never purchased a pup with a contract, are they legally binding ? So if either party defaults on the contract they can be taken to court, or are they just an agreement between purchaser and breeder. What sort of things does it cover ?

Any contract is legally binding and more are going to court now,

This is my contract,

RUARDEAN STAFFORDSHIRE BULL TERRIERS.

Puppy Sale Agreement


Name
Date of Birth
Purchase Price
Date of Sale
Sex
Colour
KC Reg Number
Dam
Sire

Please read this very carefully.

Your new puppy has been bred and reared with the utmost love and care to every detail.These points have been drawn up to maintain the quality both in your puppy and in the Staffordshire Bull Terrier Breed.

Your puppy has been raised in a busy household environment and is therefore used to the doorbell,hoover,telephone,people laughing and everyday noise.He/She has been handled and socialised since the moment of birth.He/She has within the last 48 hours been health checked by our vet.

You have 48 hours to have your vet health check the puppy at your expense.If your vet finds any problem which,in their opinion,renders the puppy unfit for sale,We will take the puppy back and refund the full purchase price on condition that the puppy is returned within seven days of purchase and is in the same state of health as when it was sold.

Before purchase,I recommend that you consult your veterinary surgeon about this breed and any possible diseases,genetic or otherwise to which it is prone and you accept that we the breeders can not be held responsible if such a disease develops later in life,after a satisfactory preliminary examination by your veterinary surgeon.

You confirm that We will not be held responsible for any distress caused by the return of the puppy.You are solely liable for any costs associated with the return of the puppy to us.You must provide a written statement from your vet setting out the problem.

You guarantee that the puppy will not be transferred to a third party without our permission in writing.

You will make sure your garden is secure and your fencing is sufficient to keep an active Stafford within your grounds and this puppy will not be kept permanently in a kennel or crate,or tied up and will not be regularly left unattended for periods longer than 4 hours.

You will properly house,feed,water and exercise this dog and will arrange for appropriate veterinary care if and when required.You will not allow the dog to roam at large or to cause a nuisance to neighbours,when away from home you will ensure that the dog wears a properly tagged collar and shall be kept on a lead or under control.

The Kennel Club Registration Form states that this puppy cannot have an Export Certificate.Should you decide to permanently reside abroad and provide me with proof of this intent this restriction may be lifted at our descretion.

The Kennel Club Registration Form states that progency from this Staffordshire Bull Terrier may not be registered.This means that should you breed from this dog you cannot register it’s offspring.This restriction may be lifted at our discretion after all health checks and tests have been carried out,subject to receiving copies of the certificates,if the dog has been shown and deemed by breed specialist judges to be a good specimen of the breed and if a bitch over the age of two years.

You guarantee that if for any reason you are unwilling to keep the puppy/dog at any time,we will ALWAYS take the dog back.We bred him/her and as the breeders are committed to the dogs welfare and well being.Please keep in contact and let us know how the pup is doing,we love them as much as you do.

If there is anything in this contract that you are not happy with and do not wish to sign,we are sorry but we will be unable to sell you one of our puppies.

We are ALWAYS at the end of a telephone for you,24 hrs a day,if you are worried or concerned call us!
This puppy is sold as a pet.
And Finally Enjoy Your New Pup!

Name and Address (new owner) Breeders Name & Address

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ruardeanstaffords

Thanks Sallyanne, thats interesting, when you've never seen one you really have no idea what they contain.

Your welcome,
we also give articles on toilet training and crate training as well as all the other bits and bobs included in our puppy packs.

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ruardeanstaffords

Puppy contracts are not legally binding!! Once a puppy is sold it becomes the property of the new owner and they can unfortunately dispose of said puppies how they wish.
I have heard of one breeder that got their dog back (just make sure that every page on that statement is signed it may then stand up in court as this is what happened with the person I knew) but don't automatically think that all puppy sales contracts would be legally binding, most are not.

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".

rule of thumb here is if more than three litters a year it could be seen as " a business"

and this is crossposted,

"Briefing Note - Legal Binding Agreements and Verbal Contracts

In order to form a contract, the parties must agree on what either party will do under the terms of the contract; they must have the intention to form contractual relations; and there must be consideration. It is immaterial whether the contract is verbal, in writing, or partially verbal and partially written, although common sense says that recording the agreement in writing creates a document that may be referred to for its terms in the event of a dispute between the parties. Obviously, this is particularly important when disputes arise in respect of the agreement, whether the dispute arises in respect to the work to be performed or sums to be paid under the agreement. Both verbal contracts and written contracts are equally legally binding contracts, subject to the existence of the usual requirements for formation of a contract.

Certainty and Completeness of Agreement

Agreement is reached between contracting parties when an offer is made by one party which is clearly and unequivocally accepted by the other party. The offer must be sufficiently certain so as the parties know what is to be performed, and the agreement must be complete. An agreement is incomplete when an essential term has not been agreed or there are further matters to be agreed. Agreements in principle are usually considered not to be complete, as are contracts expressly stated to be ‘subject to contract’. In deciding whether a contract is complete, a court will consider a contract to be formed when, from the viewpoint of an officious bystander, the parties have agreed in the same terms on the same subject matter.


Verbal Contracts

There is no legal impediment to the parties entering into a contract based on their conduct and verbal statements or representations. When parties agree the terms of the contract by verbal statements, the binding terms of the contract are more difficult to ascertain. Usually a court will look to the history of the statements made by the parties and the performance of the parties to obtain assistance in determining what was actually agreed by the parties. Where one person however has not performed their part of the bargain, and court is left to more uncertain means in reaching a decision. Draft contract documents, emails, letters and order forms may lend assistance to deciding the terms of a verbal agreement, and courts have used similar agreements with third parties to apply a standard of reasonableness in determining the terms of the contract in the absence of writing.

In the event that a party refuses to sign a contract, it is essential to write to the person and confirm the terms of the contract as they are understood, to provide a evidence at a later date as to the terms of the agreement reached. In the absence of any other evidence these communications are may be key in assisting the resolution of disputes relating to the terms of the contract. It may be useful to know that where an verbal agreement has been reached, which is later confirmed in writing but the written document does not properly record the terms, that it may be rectified using the doctrine of rectification.

Exceptions

There are exceptions to the general rule that contracts may be verbal, for instance in respect to employment contracts, tenacy agreements and contracts for consumer credit. In some instances where writing is required, a note or memorandum will be required. In the absence of such evidence of the contract, the agreement may be void, unenforceable, or unenforceable by only one party, or on the order of a court."


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

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ruardeanstaffords

I don't really give a hoot what is written on TC's website, there are more cases lost than there are won where the sale of dogs are concerned, it's a VERY grey area!

Maybe but its get more common now,for cases going to court with sucessful outcomes....

TC certainly played his part in the merseyside fiasco though....along with others.

__________________




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ruardeanstaffords

It just got me thinking reading about Louise's DDB pup, which she bred, so if she sold it with a contract saying no sale to third party, she may have some comeback with the people she sold it to.

Like I say, selling puppies & dogs is a VERY grey area, once the puppy/dog has been sold it becomes the property of the new owners whether there are contracts involved or not, afterall a dog is considered to be someones property a seller cannot dictate what you do or don't do with it once money for the dog or puppy has exchanged hands. Dogs and puppies sold, are just that sold, sold with all the rights of full ownership, and even though quite possibly there are more cases going to court and being won, I wouldn't believe naively that EVERY case would be won, most are not worth the paper they are written on.