Key Points About Dog Breeder Contracts
Contracts are often used by dog breeders when it comes to purchasing or adopting dogs. Several different types of dog breeder contracts are commonly offered, including spay/neuter contracts, health guarantees and show or breeding contracts. The purpose of these dog breeder contracts is generally to specify the rights and responsibilities of each party in relation to the transaction or relationship of the dog.
Commonly, if your new dog must be spayed, your dog breeder will require you to sign a spay contract, which provides that you will have your dog spayed. Your dog breeder may either require a copy of the certificate or return of the collar and/or registration papers upon completion of the procedure . A spay contract may also be worded as a neuter contract, when the dog is male.
Dog breeders may also offer health guarantee contracts, sometimes referred as warranties. A health warranty typically is intended to provide assurances about the dog’s health and the conditions under which the dog is returned, if he or she becomes ill.
Another type of dog breeder contract that is often used is a show contract. Show contracts are commonly put in place with a breeder when you intend to exhibit or breed a specific dog. Show contracts often address the contractual owner’s right to develop or otherwise enhance the dog’s characteristics via training or breeding. Many show contracts prohibit exporting a dog out of the country.
Elements of a Legally Enforceable Contract
In order for a contract to be legally binding, it must be composed of certain recognized elements. An offer, acceptance of that offer, consideration (typically money), and mutual intent are the basic components of an enforceable contract. Offers are exactly what they sound like. One party makes an offer to another party. For example, if the dog breeder offers to sell you a puppy for $1,000, that is their initial offer to you. Offers must be clear, unambiguous and communicated effectively. When a breeder posts a contract on its website, they are making an offer to you and all consumers who visit that website. Acceptance of the offer is the second element. You indicate assurance of your acceptance by agreeing to the terms of the offer, agreeing to the consideration and then signing the contract. Of course, the easiest way to accept an offer to buy a puppy is to pay for the puppy. That payment of money is the consideration. So if you pay the money the breeder is asking, you have made an offer to buy the puppy and they have accepted the offer through your payment. Mutual intent means that both parties (the breeder and buyer) agree to the terms of the restraint the contract imposes on the buyer after the sale.
Common Problems with Dog Breeder Contracts
Many dog breeders will execute a written contract with the purchaser of a puppy, which may include promises or representations such as length of guarantee or warranties, vaccinations provided, screening and health clearances obtained, costs of care for the dog/breeding, a return/re-home policy, and/or restrictions on breeding. In some situations, even if the client/purchaser does not read the entire contract, he or she may be bound by the agreement. A dog breeder may represent that the dog will be healthy and of a certain breed type and/or breed standard, but if the dog is misrepresented as to breed, type, size, and/or health (through no fault of the purchaser), the dog breeder may be deemed to have breached the contract in some manner giving rise to a cause of action by the purchaser against the dog breeder.
Some of the more common issues that may exist are as follows: (a) the guarantee or warranty may be void if the purchaser does not properly care for the dog, expose the dog to other animals, or keep the dog away from water; (b) the dog may not be covered by the guarantee or warranty if the dog is taken to a veterinarian that was not approved by the dog breeder or one associated with the dog breeder; (c) the dog may not be covered by the guarantee or warranty if the dog is not regularly vaccinated or exposed to internal or external parasites; (d) while the dog may be covered by the guarantee or warranty, the guarantees/warranties may be of finite duration; (e) the dog may not be covered by the guarantee or warranty if the purchaser fails to comply with certain training protocols; (f) the dog may not be covered by the guarantee or warranty if the purchaser allows the dog to become overweight or underweight; (g) the dog may not be covered by the guarantee or warranty if the purchaser fails to provide adequate food or shelter; (h) the dog may not be covered by the guarantee or warranty if the dog is used for breeding; (i) the dog may not be covered under the guarantee or warranty if the dog is used in any illegal activity or manner; (j) the dog may not be covered under the guarantee or warranty if it dies within the finite period by reason of an Owner’s negligence, which includes attacks by another animal, accidents, and injuries, etc.; and (k) the dog may not be covered under the guarantee or warranty by reason of its neglect and/or failure to obtain proper veterinary care, regular vaccinations, and/or regular heartworm preventative.
If a dispute arises and litigation becomes necessary, statutory law may apply which could further complicate matters. The dog breeders may be members of the American Kennel Club (AKC), United Kennel Club (UKC), American Coonhound Association (ACA), or some comparable organization and their respective codes of ethics may be applicable by law. If the dog breeder purchased the dog from someone else, the dog breeder may have acquired a certain amount of liability, risk, and obligations that were incurred by the prior owner. The issues can be complicated if there are other owners or if there are other persons involved with the acquisition, training, care, health, etc. of the dog.
Case Studies and Court Decisions
Court cases typically involve the facts and circumstances of each situation, and much of the time, contract law is not primary. However, the outcomes of previous trials often provide context for the outcome of a future case. A 1995 case found that a buyer had little interest in the dog despite spending hours at a breeder’s house; a subsequent trial discounted days spent driving to the breeder, stating "[t]he fact that the plaintiff was willing to drive 10 hours round trip to pick up his dog did not establish either monetary damages or other damages from the delay."
In another precedent, a dog buyer successfully sued a dog breeder for violating the breach of contract for failing to provide a holistic vet examination report. The verdict awarded full price plus additional fees and costs, but the buyer did not provide evidence to support a claim for emotional damages.
A third case involved a buyer who ordered a dog for $1,200, but later rescinded her order. The seller had the dog transported at her own expense, but had the buyer cancel her check. Despite this change of heart, the seller was within her rights to keep the dog and require the buyer to pay the $1,200 after the buyer failed to come to pick it up. The buyer was required by the court to pay the plaintiff $900 plus interest in connection with the sale of the dog.
There are multiple lawyer websites with sample dog breeder contracts. One lawyer wrote that "[w]hile we love all pets and would wish that no one would take any pet and then want to return it for any reason, there are most unfortunately situations where this is necessary," further adding that "breeders are not doing anyone any favors to offer added promises, services and/or discounts to help the person who may have failed once the new pet was in their home."
Dog breeder contracts are also readily available online for breeders to look at, download and use as guides to make their own. Undoubtedly, some dog breeders write complicated contractual agreements in an attempt to protect themselves to the best of their ability. Ultimately, these contracts may be held in court as enforceable to an extent, but cannot replace a personal relationship between a dog breeder and the consumer.
How to Make Sure Your Dog Breeder Contract is Enforceable
Dog breeder contracts should first and foremost be written with enough clarity as to define the rights and obligations of the parties to the sale, whether the purchase is for a pet or show-quality dog. Multiple developmental issues can arise with care, feeding, and training, as can conflicts over whether particular dog traits or defects are covered by the contract. Disputes may also arise about the jurisdiction, venue or forum selection clauses. Contracts should be precise and unambiguous so that misunderstandings may be avoided. Nonetheless, what happens when such a dispute arises? The ultimate question will be whether such a contract will be enforceable in a court of law.
Even the most clear-cut of dog breeder contracts are only enforceable if reasonable , and comply with various laws governing contracts in general. In any state, to be enforceable, a contract must not only be fair, but not against public policy. Elements include the following: Under these standards, dog breeder contracts that include no representation of the dog’s health status should be scrutinized, as well as those that seek to limit obligations as to necessary care, and those that restrict the means by which either party can address disputes. They probably would not be enforceable if the court finds the contract to be unconscionable or against public policy.
State Laws and Regulations
State-specific laws and regulations may influence the enforceability of dog breeder contracts. Each state may have different laws and regulations addressing the rights and obligations of dog breeders and people who buy from them, including contracts. Examples of state-specific laws include those concerning:
Whether these types of state laws affect the enforceability of dog breeder contracts is a question that must be answered on a state-specific basis. This means that both dog breeders and prospective dog buyers should be aware of how state laws apply to dog sale contracts in their state.
The Role of Arbitration and Mediation
Disputes over issues arising from the sale of dogs are common in this industry. If they cannot be resolved by discussion, they may turn into full-blown legal matters between a buyer and a seller of a dog. However, litigation does not need to be the only possibility. Usually, the terms of a dog breeder’s contract will include a provision that calls on the parties to engage in some form of alternative dispute resolution (ADR) before taking the matter any further. See Standard Terms and Conditions for Dog Breeder Purchase and Sale Agreements, The American Kennel Club (AKC).
Parties looking to resolve conflict in the dog world through mediation or arbitration should first evaluate whether their contract requires mediation. A mediation clause may require the parties to discuss the matter for a specific period of time in the first instance and may also require mediation to occur in the county or state in which one of the parties resides. If so, then, under those circumstances, a party should engage in mediation before filing a lawsuit.
Mediation can be a favorable alternative dispute resolution mechanism that can help the parties settle the matter prior to any further action being taken, allowing them to save time and resources if possible. Mediation skills , however, are not generally a "natural" talent. For those who have not had any prior experience as mediators, getting the right training is critical to success. Experienced practitioners can help you navigate that process. Mediators also can help you decide whether it’s necessary to mediate the matter based on the requirement of the contract or whether you will be best served by filing suit.
In some situations, the dog breeder contract may also call for binding arbitration between the parties. In that case, the matter would be submitted to an arbitrator or panel of arbitrators who will make a decision that both parties must abide by. If a dog-breeder contract requires the parties to arbitrate, then they should consider utilizing that option before they decide to litigate. Arbitration, like mediation, usually provides a private forum for the parties to resolve their disputes.
Sometimes, however, the contract terms are unclear and the language that the parties have inserted into their contract does not meet their current intent. In that case, the parties need to consult with an attorney to determine whether the contract contains a valid "forced arbitration" clause that is consistent with state or federal law.