Puppy Contracts

[laurlitt]

My 3.5 year old has a guarantee on his hips and I'd get a replacement puppy. Well I haven't x-rayed his hips since he was 7 months and haven't had a need to. Now if I was to find out he had HD 1. I wouldn't want another puppy from this breeder and 2. I wouldn't want to trade in Blaise.

How often are contracts like extended warranties on household products (never used even though something goes wrong under warranty?)

Also, how willing are breeders to alter a contract based on the buyers individual needs. For instance if I bought a show puppy that ended up w/ a disqualifying pup I wouldn't necessarily want a replacement pup, but maybe the monetary difference between a show and companion pup.

I'm still a couple years from my next pup, but just was thinking about this topic.

[Carol Burke]

In my opinion a contract is only a starting point. I believe you have to have the best interest of the puppy or dog in your heart, from both ends, breeder and buyer. No one can guarantee that your puppy won't have HD, all a breeder can do is offer some compensation depending on whether the puppy was bought as a show/breeding animal or a pet and the severity of the HD. In my contracts I offer to replace/refund on any dog I sell, forever, for any reason. But, I only sell to people whom I believe are sincere and want the best for the puppy as I do.

If I were to sell a show prospect who turned up with a disqualifying fault, I would be willing to replace with another show prospect, adjust the price to pet quality, refund the purchase price and place the dog in a pet home. I think, along with a contract, there must be a willingness to work with the buyer regardless of what happens so that the puppy ends up the winner.

I believe that many problems arise when a breeder is producing so many litters that they become less careful about who they sell to because they need to sell the puppies they have to make room for the next litter in that search for the perfect dog or the dog that will win and bring them fame and fortune or the money they can make.

[laurlitt]

Thanks Carol, I hope I can find a breeder (when the time comes) who has the same philosophies as you.

I wonder how the contract works with working dogs. Chances are I will buy my next puppy for his/her working potential first, conformation second. It's probably harder to determine if the puppy doesn't have the potential to work as it is to see a conformation DQ. Hmmm, perhaps a question for the working forum???

[laurlitt]

Since we are talking about contracts. If a contract said that a female must be spayed after 2 heat cycles is there reason to withold the AKC papers until the spaying is complete? The contract did not stipulate holding back of the papers until this was met.

[WorkinDogz]

With bitches; I own (buyer co-owns) the dog with me..I hold the papers and sign over full ownership only after the bitch titles and OFA's.

It's written in my contract that unless and until a dog or bitch that I produce succesfully titles (not a BH....a SchH1) in sport and OFA's good or excellent; they should not/will not be considered suitable for breeding and I hold the AKC, WUSV..whatever..paperwork until such time that all requirements are met according to the contract.

If the owner wants to spay/neuter then after I receive conformation of the spay/neuter; I release the paperwork.

Burned once.....never, ever twice. ;)

[laurlitt]

Unfortunately with the situation I mentioned (the breeder held papers til spayed) this was never the agreement. She kept telling the new owner that the papers were still being processed AKC (the sire was German), and then she kept saying the papers would be mailed, and then she wouldn't return calls, and then her final excuse was "I'll get you the papers once she's spayed." So this was one of those not good situations (from a reputable breeder).

[WorkinDogz]

Was the dog purchased as a working dog that didn't make it? Was she a pet purchase?

Is the dog faulty in some way that the breeder feels the dog shouldn't be reproduced and the owner hell bent that it's the most awesome specimen known to mankind?

Lots of variables...but if there was a contract; the contract should be lived up to by both the seller and the buyer..

Most contracts however leave a grey area that normally benefits the seller and not the buyer... :(

[laurlitt]

Originally posted by WorkinDogz:
<STRONG>Was the dog purchased as a working dog that didn't make it? Was she a pet purchase?
Is the dog faulty in some way that the breeder feels the dog shouldn't be reproduced and the owner hell bent that it's the most awesome specimen known to mankind?
</STRONG>

The dog was purchased as a working dog (AKC obedience) although she would probably do well in Schutzhund. The original contract I believe was to have her spayed. There were no faults at time of purchase but she did end up w/ two missing teeth and the new owner definetly knows of her other faults... in fact she is more critical about her then need be.

I think this was more of a situation of conflicting personalities and the seller had the papers to hold over her... She has the papers now and will be showing her in AKC in the next year or so... so all's well that ends well-- or something like that!

[rottweiler_fancier]

I've read a lot of contracts, but one thing that was left as a "grey area" was temperament. Is a breeder responsible if the puppy ends up with a bad temperament/temperament not correct for Working? Or are working dogs just sold as having "potential"?

[Judi W]

I believe the reason for the "gray" area regarding temperament is that it is too darn easy for a pup to be mishandled and ruined (or worse yet, un-handled).

That is not to say that there is not bad temperament, however I believe poor character is usually seen very early on. (One reason for insisting on a PAT test and for knowing the family, not just the parents, of the puppy being considered). What is a breeder to think when they hear at about 18 months or so that the dog has terrible temperament? I have a friend who recently acquired a very high drive pup and she was at a loss in how to deal with it. We worked together and this is a fine pup, but mishandled she would be a monster. It is important that the buyer have clear goals before acquiring a puppy and share those honestly with the breeder as well as be honest about their experience. I believe breeders honestly want to match the pup to the owner as they want it to have a home for life. It requires clear and honest communication on both sides.