Puppy sales contract

P

Perrycombova

Active Member
I have a very well bred 20mth old HWV, I had intended to sell him and just concentrate on my spaniel. Nothing wrong with the HWV at all, just felt that he may be better suited with someone who can devote more time to him rather than have to split things between the two dogs.
I contacted the breeder and advised her of my situation and asked her did she know of anyone who might want him. I paid alot of money for the dog and said I would be looking for approx 1/2 the purchase fee only to be told, that re my "Puppy sales contract" which i signed, I am not allowed to loan, gift or sell the dog and that if I really wanted to place him elsewhere, I would have to deliver him back to them, expect no fee for the dog, but they would look to rehome him.
My question is: How legal are these sales contracts?
ATB.
 
That is some condition of the contract but as far as I know these "puppy contracts" are legally binding documents and having signed it you are bound by the contract of you having bought and them having sold the pup to you. But if you were to breach the contract by selling the dog would this breeder really take you to court.

I see it as the breeder attempting to have total control over the ownership of any dog bred by them so that they can vet the prospective owner.

I would have a quick word with your solicitor for advice over this unreasonable condition (especially that they would not refund even a partial value of the dog) all be it one that you agreed to at time of purchase.
 
Do you have the KC Papers if so sell the dog can you tell me who the breeder was please.
 
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I have heard this happens with show dogs many years ago [over 20 ] a friends mum bought a king charles cavalier bitch pup and the breeder held all the rights. She even had to breed the bitch when the breeder told her to but the owner did not want the bitch to have any pups but was to frightened to stand up to the breeder because one of the clauses was she could take the bitch back if she failed to meet the conditions. Put it in the legal section theres got to be a lot of solicitors on here
 
Perrycombova said:
I have a very well bred 20mth old HWV, I had intended to sell him and just concentrate on my spaniel. Nothing wrong with the HWV at all, just felt that he may be better suited with someone who can devote more time to him rather than have to split things between the two dogs.
I contacted the breeder and advised her of my situation and asked her did she know of anyone who might want him. I paid alot of money for the dog and said I would be looking for approx 1/2 the purchase fee only to be told, that re my "Puppy sales contract" which i signed, I am not allowed to loan, gift or sell the dog and that if I really wanted to place him elsewhere, I would have to deliver him back to them, expect no fee for the dog, but they would look to rehome him.
My question is: How legal are these sales contracts?
ATB.
Click to expand...

Any chance you could post a copy of your contract please
 
I have all these restrictions placed on my HWV but its mainly to ensure he is suitable for breeding and this is very important especially with breeds like this because the breed varies so much. But at the end of the day like all contracts they can be broken just depends on how much your willing to pay for a solicitor. But is the breeder really going to chase you down for it ? And to be honest if I were you I would not go posting contracts and naming breeders because you never know who is looking at this forum.
 
my mate had the same problem,and in the end he went to seek legal advice and was told that the contract was between the 2 party's,however the contract holds NO legality and if the breeder wanted to pursue it in a small claims court then they could but at there own expense.

in my view "what ye eye dont see the heart dont grieve"
 
I breed GSPs very infrequently but always insist that if the new owner who i have vetted before the sale/transfer has any issue with the Pup during its life time i am the first point of contact to allow me to try and rehome the dog with a suitable home.

The reason i do this is to ensure that the responsibility that i took in breeding my Dogs does not end up with any of my Dogs ending up in unsuitable homes. I can understand people being unhappy with this but if you want any of my Dogs then thats the rules.

I have never had any Back and keep in touch with as many as possible. I am confident that the homes chosen were the right homes.

Breeding Dogs should never be a money spinner as to many people seem to think its easy money, But should only be entered into to improve or sustain a breed/line with Health and temprement being the priority.

Dalkur
 
For me i would name the breeder it is important that every one knows what can happen. Most breeders dont have clue about were there dogs go and this vetting a new buyer really how far can it go. I was the first ever to use a WHV for deer work and one of the forst ever owner and the biggest ruination of the breed is the breeders with money and ties on the dogs that are truly unreasnable. Any thing can happen and the dog should be rehomed with out any fuss not set back to the puppy fecklers.:eek:
 
dalkur said:
I breed GSPs very infrequently but always insist that if the new owner who i have vetted before the sale/transfer has any issue with the Pup during its life time i am the first point of contact to allow me to try and rehome the dog with a suitable home.

The reason i do this is to ensure that the responsibility that i took in breeding my Dogs does not end up with any of my Dogs ending up in unsuitable homes. I can understand people being unhappy with this but if you want any of my Dogs then thats the rules.

I have never had any Back and keep in touch with as many as possible. I am confident that the homes chosen were the right homes.

Breeding Dogs should never be a money spinner as to many people seem to think its easy money, But should only be entered into to improve or sustain a breed/line with Health and temprement being the priority.

Dalkur
Click to expand...

I see no problem whatsoever in the above principles but if a breeder writes into a contract that they must rehome a dog of their breeding, the breeder should be willing to pay a fair price for it's return. If they are not willing to do so it becomes obvious that money is more important than the welfare of the dog and breed line.
 
Perrycombova said:
I have a very well bred 20mth old HWV, I had intended to sell him and just concentrate on my spaniel. Nothing wrong with the HWV at all, just felt that he may be better suited with someone who can devote more time to him rather than have to split things between the two dogs.
I contacted the breeder and advised her of my situation and asked her did she know of anyone who might want him. I paid alot of money for the dog and said I would be looking for approx 1/2 the purchase fee only to be told, that re my "Puppy sales contract" which i signed, I am not allowed to loan, gift or sell the dog and that if I really wanted to place him elsewhere, I would have to deliver him back to them, expect no fee for the dog, but they would look to rehome him.
My question is: How legal are these sales contracts?
ATB.
Click to expand...

In those 20 months, how many times has the breeder been in touch to ask how you were getting on?

Its a shame that you are not going to persevere with his training but its only fair that you get one dog right rather than have two half trained ones, I doubt that its a decision that you have taken lightly so good on you for doing what you think is best.

I understand the breeders desire to retain control of their bloodlines but they can't, in my opinion, have it both ways, if they need total control then don't sell dogs or only sell neutered ones?

I bet it would be a different kettle of fish if you said that he had been neutered for veterinary reasons, then you flush out the people who were genuinely interested in the individual dog and not just the breeding potential.

My last three dogs (inc the two I have now) have either been rescued or rehomed (I was just going to say that they are perfect but one is laying on the floor trying to chew my girlfriends slipper!) and they are great. My most recent one has been rehomed four times in four years yet there is nothing wrong with him that I can see.

I'm afraid that I am coming a bit disalousioned with the 'Gundog world'

I suppose you can't really say that he has died or been stolen as it would become complicated if his name shows up in future pedigrees and, I presume, you may be too honest to do this anyway. I have no idea about how binding the contract is but this topic has been a bit of an eye opener for me.

Hope that you find a solution that works for everyone but, most importantly, for the dog.

JC
 
Personally I would find a suitable home to which re-home the said dog to
I don't agree with breeders clauses that much, but I do respect the fact that this is an attempt to protect the pups and breeders linage once the pup has been sold

I also would not waste my time going to a legal representitive if I was intending to get rid of the dog
If the breeder was unhappy about your decision then let them chase you at their expense
Personally unless we are talking £1000's about the worth of the dog I can't even see the breeder chasing a lost cause
unless they hav more money than sense and their breed line could be damaged by your actions
which I can't see that it would be ,
If still concerned let the dog go to a suitable home and retain the pedigree yourself
just incase there was ever any come back
 
Guys,

The "I've bought it, I can do what I like with it" principle is great so long as you are in a retail environment.

If you have purchased on a contract basis, to which you have entered, then you have unlimited liabilities unless defined by the contract. Reasonable, in the case of return of product with no refund is most certainly not unreasonable.

Caveat Emptor.

Stan
 
Many thanks to everyone for thier input, some very interesting points raised.
I have no intention of naming the breeder on an open forum. I have no problem with the breeder having breeding restrictions untill the dog has been hip-scored, eye tested etc but it from my point of view, after paying best part of £900 for him he becomes my property and if I decide to sell, gift or loan the dog, then that should be my decision.
JC275, not once since I have had the dog has she been in touch, the guy that own the sire (Iram) has been very helpfull in all fairness to him.
Again, many thanks to all that have replied.

ATB.
 
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