Puppy Contract enforceability question

• Puppy Contract enforceability question R_Ann Posted : 7/19/2006 5:56:23 PM Hi all, We sold a puppy in return for stud fee (i.e. stud puppy) about a year ago. There were only 2 puppies in the litter and we did not keep the other puppy. Though the owner loves the dog she has not been happy with the dog because he is not "show quality" and she feels he will not perform in the field as she wants. So she notified us today that she wanted to find a good home for him. (A family where he would be the only pet not just 1 of many to get all of the attention. If she kept him he would get loving but not the attention or training needed). We told her we wanted to take him back. Her email response : "he was a stud fee pup and I would like to place him, do you know someone that would want him, other wise I'll keep him until a good home comes avail." She doesn't want us to have the dog back- either because he would be 1 of 4 or she is afraid we will properly train him and he might out perform her other dogs. This is what out contract states: -If at any time in its life the Buyer is unable to keep this dog, he/she will not sell, give away, or otherwise dispose of this dog without first contacting the Seller, who will either accept the dog on a return basis or assist the Buyer in finding a suitable alternative home for the dog. This does not imply a financial commitment on the part of the Seller. So-can I enforce the contract to make her return him to us? He would be neutered not matter what so that is not an issue. (In 20 yrs of breeding we've never had this happen before) thanks RA LIKE 27 REPLIES 1415 VIEWS LAST POST NOBLEWOMAN Like Share You have posted to a forum that requires a moderator to approve posts before they are publicly available. Hey, it's way more fun when you sign up or log in Connect With Connect With Sign Up Login
• Katie M. Posted : 7/19/2006 6:15:24 PM It's a legally binding contract and you could probably enforce it in small claims court.   0 LIKE Like Share You have posted to a forum that requires a moderator to approve posts before they are publicly available. Hey, it's way more fun when you sign up or log in Connect With Connect With Sign Up Login
• schleide Posted : 7/19/2006 6:54:45 PM I am not sure how it would come out - but I would think that if both parties signed the contract and they paid you in exchange for the dog, and there are no state or local laws superceeding the contract - you have a very good case.  0 LIKE Like Share You have posted to a forum that requires a moderator to approve posts before they are publicly available. Hey, it's way more fun when you sign up or log in Connect With Connect With Sign Up Login
• rwbeagles Posted : 7/19/2006 7:20:02 PM your contract states you must be notified/contacted...and that you have the option of taking the dog back....not that she MUST give you the dog back, two different things.   "If at any time in its life the Buyer is unable to keep this dog, he/she will not sell, give away, or otherwise dispose of this dog without first contacting the Seller, who will either accept the dog on a return basis or assist the Buyer in finding a suitable alternative home for the dog."   There is nothing here to stiputlate that she MUST return the dog to you, that I see...only that she must contact you, and you MUST take it back or assist in rehoming it, which she has asked you to do (rehome), as you say she wanted to know if you guys knew anyone who might want the dog. Wording that would indicate she cannot...NOT give the dog back would leave little doubt..."seller must be offered right of first refusal," "seller must be given the option to repurchase the dog at a fair price", "buyer must return the dog to the seller if at anytime they are unable to keep it" These are all things I have seen in contracts and they are quite plain.   The fact that you put something about rehoming, indicates that rehoming is acceptable to you so long as you have input...meaning she need not return the dog for you to be satisfied. By what I read...returning the dog to you is her choice, but she must get your input and blessing on the new home.   that's my interpretation on your contract. 0 LIKE Like Share You have posted to a forum that requires a moderator to approve posts before they are publicly available. Hey, it's way more fun when you sign up or log in Connect With Connect With Sign Up Login
• Katie M. Posted : 7/19/2006 8:15:20 PM Gina makes a good point regarding semantics - legal interpretation could easily show that they are compliant with the requirement of contract. 0 LIKE Like Share You have posted to a forum that requires a moderator to approve posts before they are publicly available. Hey, it's way more fun when you sign up or log in Connect With Connect With Sign Up Login
• smilee1079 Posted : 7/19/2006 8:37:48 PM My interpretation was that either you will take it or if you are unwilling, then you'd help find a home.  Since you are willing, I think the pup should be yours. 0 LIKE Like Share You have posted to a forum that requires a moderator to approve posts before they are publicly available. Hey, it's way more fun when you sign up or log in Connect With Connect With Sign Up Login
• loveukaykay Posted : 7/19/2006 8:49:22 PM Gina I have to disagree.  Its doesnt state that they MUST return it in those words but it does imply that the seller has the option.  "If at any time in its life the Buyer is unable to keep this dog, he/she will not sell, give away, or otherwise dispose of this dog without first contacting the Seller, who will either accept the dog on a return basis or assist the Buyer in finding a suitable alternative home for the dog." These words :  "the Seller, who will either accept the dog on a return basis or assist the Buyer"   This implies that she is to contact the seller "who will either accept the dog or help the buyer find a home"... IMO, that means she has the choice of keeping it OR helping her.  It even means that even if she didnt want it she is still to be involved in rehoming.  She has right of first refusal so to speak... I would say you have every right to that dog and would legally get him back.  [sm=2cents.gif]   0 LIKE Like Share You have posted to a forum that requires a moderator to approve posts before they are publicly available. Hey, it's way more fun when you sign up or log in Connect With Connect With Sign Up Login
• loveukaykay Posted : 7/19/2006 8:50:19 PM I have no idea why my text is so many sizes... the more I try to fix it the worse it gets... 0 LIKE Like Share You have posted to a forum that requires a moderator to approve posts before they are publicly available. Hey, it's way more fun when you sign up or log in Connect With Connect With Sign Up Login
• amstaffy Posted : 7/19/2006 9:40:31 PM I must have put on my duh cap when I started reading this thread.   Did you "Sell" this pup and expect a stud service back from this pup including a sale price OR was this pup the product of a stud service owed back to this person for the stud service?   If the later is in fact how they got this pup your really don't have rights to this dog as he is payment for a stud service...free and clear to the new owner.   If you in fact did sell this pup for a monetary fee then you do have first option to buy back the dog or help this person find a suitable home.   Contracts are only as good as the people they are entered into with..you live and learn how easy it is to twist one 0 LIKE Like Share You have posted to a forum that requires a moderator to approve posts before they are publicly available. Hey, it's way more fun when you sign up or log in Connect With Connect With Sign Up Login
• lisa baker Posted : 7/19/2006 9:48:02 PM here is what i can tell you that happened with a first buy back contract on a horse i sold.  the judge said if you wanted to keep the horse you should have kept it.  when you sold the horse you no longer have a say in what happens to the horse.  imo she is the owner of the dog and you can not tell what you want done with it. sorry... 0 LIKE Like Share You have posted to a forum that requires a moderator to approve posts before they are publicly available. Hey, it's way more fun when you sign up or log in Connect With Connect With Sign Up Login
• Xerxes Posted : 7/19/2006 10:03:58 PM I think that the better option would be to help her find a home for this pup.  She does not have, according to the phrasing of the contract, the obligation of returning the pup to you, only the obligation to notify you.  You might want to ask if you could sit in on the interview of potential new homes. 0 LIKE Like Share You have posted to a forum that requires a moderator to approve posts before they are publicly available. Hey, it's way more fun when you sign up or log in Connect With Connect With Sign Up Login
• Sandy Gardner Posted : 7/19/2006 10:21:42 PM Did SHE sign a contract or was it an exchange for service?  Now would be the time to contact a contract atty.  Sounds like she is committed to finding a good home for him...what is the problem with that? 0 LIKE Like Share You have posted to a forum that requires a moderator to approve posts before they are publicly available. Hey, it's way more fun when you sign up or log in Connect With Connect With Sign Up Login
• R_Ann Posted : 7/20/2006 6:40:46 AM Thanks all for your responses. In answer to some of the questions: -He was the product of stud service owed back to the person. We actually did a surgical IUI using frozen semen in which we incurred all of the costs and travel to her vet for this-a 3 hr drive each way. This was a breeding that she had begged us to do for 3 yrs because she wanted a puppy. I know we made mistake #1 when we didn't quantify the number of puppies for a litter (there were only 2)-we always used 2 for a natural breeding but I've read alot of people are upping the number to 3-4 for the surgical IUI's because of the costs involved. -But why wouldn't we be good enough to "rehome" him if we were good enough to breed to? We want to be able to let him mature, train him and compete which she is unwilling to waste her time doing since he is not "breedable". It's not that she wouldn't find a good home for him-she is extremely particular and has been involved in rescue for many yrs. We're just offering what a good breeder is supposed to. (He just wouldn't be a couch potato at our house)[8|] RA 0 LIKE Like Share You have posted to a forum that requires a moderator to approve posts before they are publicly available. Hey, it's way more fun when you sign up or log in Connect With Connect With Sign Up Login
• rwbeagles Posted : 7/20/2006 6:59:01 AM Lovekay I see why you'd disagree but contracts are not about what is IMPLIED...they are about what's stated plainly. the more esoteric and non specific the language the more open to interpretation it is and the more likely a judge is to throw the case out...and any lawyer worth their salt is to find "outs" for their client. This is why any contract, if a breeder truly wants it to be legally binding and not just an agreement full of loopholes...should have it looked over by a lawyer.   Fact is, if the dog were REQUIRED to be returned or rehomed only with the sellers assistance...then it should have stated such. The ONLY thing plain in the contract was that if the person wanted to return the puppy, the seller would HAVE to take it back...or help rehome it. The seller does not want to return the puppy...they want to rehome it...it's their choice.   Add to that that it sounds as if the OP is NOT on the papers and they do not now possess the dog (9/10th's), have born no expense for it's upkeep, veterinary requirements, etc IMO they cannot REQUIRE she return the dog.   I am still not clear on the situation, OP, YOU own the stud dog? or the bitch? Why on Earth would you agree to incur those costs if you own the stud? I have to assume that if you paid all the costs, you own the bitch....meaning she owns the stud...meaning any issues or problem or lacking in the puppy...will go back on HER stud, not your bitch because that's how it is in dogs. Maybe thinking of it from that perspective can help you out....maybe if you consider that even in a field or performance event conformational faults and movement faults will be readily apparent and perhaps THAT is what the issue is...reflection upon her stud dog. It sounds like you have no problem with her ethics or placement procedure...and she wasn't the only one who was 'good enough to breed to' it takes two...you both considered one another trustworthy enough to enter into a contract and do a breeding....why is she now, not good enough to make decisions as to placing the dog?   0 LIKE Like Share You have posted to a forum that requires a moderator to approve posts before they are publicly available. Hey, it's way more fun when you sign up or log in Connect With Connect With Sign Up Login
• probe1957 Posted : 7/20/2006 9:03:35 AM Your contract is vague, at best. What about finding a friend or relative of yours, who would be acceptable for rehoming with the current owner, then just get the dog from that person?   IOW, pull a fast one.   I am not a lawyer, but I doubt the contract, as written, would be enforceable.  I would try to find a way to resolve this outside of the legal system.  Litigation costs money and the outcome is far from certain. 0 LIKE Like Share You have posted to a forum that requires a moderator to approve posts before they are publicly available. Hey, it's way more fun when you sign up or log in Connect With Connect With Sign Up Login