Writing your own contract

[rottweiler_fancier]

Do any buyers on this board have experience writing their own contract?

Which would be better - Writing your Own (on your own terms) or using the standard agreement? If you write your own contract and both parties sign (breeder & buyer), will it hold up in court should it be needed?

[Burnsway]

I do know that their are standard contracts of just about anything where you can add your own terms in. I think you can actually buy a CD full of these sorta contracts. I almost did that for my divorce. If I was breeding I would most deffinently want my own terms added. And for everyone of those terms your lawyer will charge...

[Lora Lee]

Originally posted by Burnsway:
<STRONG> And for everyone of those terms your lawyer will charge... </STRONG>

Not true...mine is a charge per hour/s. 260.00 per hour to be exact, not cheap...but the well worth it.

I thought I had a great elaborate, in depth contract, but when viewed by my attorney he found many loop holes that I had no idea even existed.

My best advice is write up your own and have it reviewed by an attorney that specializes in contracts. State what you want and have him write it.

The best thing you can ever do is co-own a dog, which gives you many rights (or leverage) for that dog. Secure an INTEREST in that dog for a lifetime, which seems to be the key.

[Koenig]

Originally posted by rottweiler_fancier:

<STRONG>Which would be better - Writing your Own (on your own terms) or using the standard agreement? If you write your own contract and both parties sign (breeder & buyer), will it hold up in court should it be needed?</STRONG>

Since contracts are highly complex, creating your own could be actually damaging to you in court, creating a situation where it is harder to have hold up in court.

It would be safer to use the pre-formed AKC contract, if a term/condition is not listed that you want and space is not provided write it on the back haveing both parties sign off on it.

If you still want to write your own contract without the aid of a lawyer have it notarized by one, doing so will greatly increase the chance of the contract holding up in court.To increase the strength have the other party choose the notary (sp?)

[ May 30, 2001: Message edited by: Koenig ]

[godfreyc]

Are you talking about being the buyer and writing your own contract? If so I would say that any breeder who cares at all will have one of their own and will insist on you signing theirs. Also from the breeder point of view if your contract tries to bind me to something I can't or won't hold myself to I wouldn't sign it. You may just be better off asking to add stipulations to the breeders contract and if the breeder doesn't have a contract I would be looking for a new breeder.

[Judi W]

Most breeders have their own contract with items in it that they have found to be important over years of experience. What the contract does for the most part is to educate and to outline expectations. Yes, occasionally, one goes to court, but not often. If you are fortunate enough to find a good breeder with a breeding you want a pup from, the breeder will have their own contract and is not likely to accept one you have made up. If there is something you would like to see different, you can attempt to negotiate it. A good breeder has covered things for the welfare of the pup and the breed. If you don't find their contract acceptable, your choice is usually to go elsewhere.

[rottweiler_fancier]

The breeder does not have a contract (for different reasons) but said that since its important, I could write my own and he would sign it.

[Judi W]

Find another breeder with more experience and one who has a history of caring what happens to the pups s/he sales and stands behind them.

[Lora Lee]

Originally posted by Judi W:
<STRONG>Find another breeder with more experience and one who has a history of caring what happens to the pups s/he sales and stands behind them.</STRONG>

I second that!!

Don't do it....and what are his reasons?

You check that person out real good--well, I mean the dogs out real good, if something seems out of place then it probably is.

[rottweiler_fancier]

I've done a lot of research - I still am doing research. I've got into contact with people with dogs out of him who are very happy with the dog they got. So I'm not going in completely blindfolded (this is also a repeat breeding with no health problems in the parents or in the first litter).

The no-contract did send up a red flag, but I asked around. The few responses I got were that, because I was importing from a different country, you don't always get a contract. Which makes sense because I know other breeders in different countries that are just as reputable, but don't have contracts. I think maybe the use of contracts is just more common in America.

[Lora Lee]

Don't be fooled sweetie. I've seen many contracts shopping around for imports.

Keep this in mind. A contract is only as good as the person. I tell ya, attorney fee's, court fee's, travel exp. etc. can far exceed the worth of a dog.

So make sure this is the dog for you, and the breeder is someone youtrust. Good luck, stay aware ;)

[RottnKid1]

A few years ago, TRQ printed a contract that had been checked over and approved by lawyers. I used that contract as the basis, then added everything else I wanted. I also made a statement in the contract that if any portions of were found to be upholdable in court or illegal, the rest of the contract would remain in effect. I did this so that they couldn't throw the whole thing out on the basis of one item.

[Burnsway]

You check that person out real good--well, I mean the dogs out real good, if something
seems out of place then it probably is.

I agree, Im not into breeding and nor will I ever be but I have lots of friends that are and they wouldnt think twice about honoring a contract they have or the buyer has. With the amount of money you put into these high quality Dogs you have the right to have a contract also. And I do believe done properly with both signatures it would hold in court. If they are hesitant about any contract..move on.... :D

[Koenig]

Even if you both sign a written out contact designed by a lawyer it may not hold up in court. The biggest problem with doing your own, especially as the purchaser is you loose your biggest advantage in court, being taken advantage of as a laymen by the proffesional seller. Contract law in its roots, was designed to protect uneducted farm workers, against wealthy educated land owners, today although it is more modern still has its main purpose in leveling the playing field.

If you write your own contract without aid of a lawyer, the best protection you can have is makeing it very clear that the contract is fully understood by both parties, hence why you should have it notarized by a lawyer for a small fee. The preferance would to have this service done by a lawyer of the other party, so if you take them to court you have evidence that they had proffessional advice when signing, so therefore they understood the full scope and intention of the contract.

I would not purchase a dog from a breeder that does not have a written contract, so many variables that could go wrong. Kinda like " Can I be honest with you" after someone say's that you know a lie is comeing up, time to walk away.

The biggest mistake Americans make, is thinking that US law and rights follow with them outside the boundaries of the border, wrong. A US court might rule in your favor, but try getting it enforced in another country

Depending on the country, the root and goals of contract law are usely very simular, so haveing no contract should have no excuse. Actually not haveing one in most country's outside should be considered a double red flag, run don't walk away.

Koenig

P.S

Wich country is this breeder in?

[RottnKid1]

Sorry, I didn't have time to finish this morning because I had to leave for work. When I was breeding, I never would've accepted a buyer writing their own contract. I caused the pups to come into this world and, though I no longer breed, I'm still ultimately responsible for them for the rest of their lives - and rightly so. People will treat my pups as I set forth in my contract or I'll take them to court to get the dog back. On the basis of my contract, I did take back one pup - no matter how much investigating you do, it seems there's always someone who isn't what they seem. Anyway, we would go over the contract point by point - if there was something the potential buyer didn't like, they could go elsewhere.