I am getting a puppy from a breeder who appears to be a good breeder, but there is a statement in her sales contract that is giving me troubles. Here it is: "if at anytime the buyer can not keep his/her puppy, the puppy is not to be put into a rescue, but given back to the breeder at no charge".
I know a good breeder would never let their puupy end up in a rescue but giving the puppy back the the breeder at no charge seems kind of cheap. A lot of breeder at least buys back the dog for the price it was sold. Would you sign this?
2007-10-26 02:49:41 · 23 answers · asked by Kat I 1 in Pets ➔ Dogs
If you don't like it, don't sign it and get a puppy from someone else.
This breeder is a good one. If she gets back a pup that's 3 years old from you, she may have it for the rest of it's life. That's her promise to the dog.
Are you planning to give the dog back?
I signed the exact same contract with my lab from a breeder. I also signed the same contract with both of mine from rescue. Never batted and eyelash. From the day they entered my home they were staying. No matter what. I'll make it work. Kinda like having a baby. Once you bring them into the world, they are yours.
If you are worried about it, don't do it. It's a good solid contract, from what sounds like a good reputable breeder.
Please don't take this as me being critical, but you sound like you may not be planning to keep the pup forever - even now.
BTW, many rescues ask for a donation to TAKE the dog to help offset the care.
2007-10-26 04:40:07 · answer #1 · answered by Anonymous · 3⤊ 1⤋
In most places those contract clauses are invalid, so they are not relevant if they are signed or not. In civil contracts once property is transfered for a just and agreed upon amount, the property belongs to the owner to do with as they see fit. Lets say you buy the dog. And for some reason in three years you end up selling the dog to your brother. If the breeder doesn't like it, all they can do is sue you for damages because you breached the original contract. In court, there would be no damages to the breeder. The were already paid. They could prove no further realistic right to the property (dog), so they would get nothing. The original contract is invalid in that clause although other parts may be valid. Just sign it and ignore the invalid parts.
If I sign a contract promising to be an indentured servant to another person, then fail to do that, could I be in trouble? No. The original contract was and is invalid. Same here. The original contract is invalid. And in civil law the only recourse is to sue for damages. The dog is already paid for. There are no damages. That clause of the contract is invalid. Ignore it.
2007-10-26 16:08:11 · answer #2 · answered by mama woof 7 · 0⤊ 0⤋
This was on our pups contract and we signed it. If it goes back to the breeder, then it will either be kept or rehomed. If it goes to a shelter it could be either put down or go to a home where it does not get enough attention etc.
A rescue would not buy the dog, so why would the breeder? No decent breeder i have ever known has paid for one of their dogs back because the old owner didn't want it or couldn't keep it anymore.
2007-10-26 05:49:10 · answer #3 · answered by Andia 4 · 2⤊ 0⤋
Well.. It can depend too.. You might end up keeping that puppy for several months before you find a good home for him. You might know someone immediately, but if the previous owners did nothing with the dog, you are obligated as breeder to housetrain or work with the dog and teach him basic obedience, so that he can get along in a new home and increase the odds that he will stay there.. If he has worse issues cause the previous owner did nothing or allowed inappropriate behavior to continue or get worse.. Then you got more work to do.. You need to feed him and care for him, take him to the vet..
If they come back in mint condition well trained etc, then thats one thing, you can easily find them a home fairly quickly. If they come back and have not been taught a thing, then you might have that puppy for several months working with him.
Not only that, but it saves you from trying to find a new home for the dog.. Spending money on newspaper ads, having to talk to all the idiots out there and everything else.. Not everyone wants an older dog or puppy.. Most people want to screw up a puppy on their own rather than taking on an older one..
If you quibble about that and the money in advance like that, I would tell you that the puppy is no longer available.. It suggest to me that you don't think it's going to work out, or you wouldn't even be worrying about it at all.. You should be buying a puppy, positive that things will be great.. Not buying a puppy worrying that you might not get your money back when you need to return him.. Don't sign it, and you don't get a puppy.. Your choice..
2007-10-26 03:05:54 · answer #4 · answered by DP 7 · 0⤊ 0⤋
It is totally reasonable... If you ever had to give up the puppy, it is NOT the breeders fault. You can't just expect to keep a dog as long as you want then get your money back. This is not renting a puppy. When the owners no longer want the dog, it is protocol for reputable breeders to take the dog back. She is not going to be able to turn around and sell it for a profit or anything. People pay a lot of money for puppies but adults they don't get anything for. She has to provide for the dog and go through the whole suitable home process all over again.
I have had to re-home 2 and the owners did not get a dime. I did not charge the new owners either. I just want whats best for my dogs and I want to be the one who decides where they are going to live.
Not being able to keep a dog is your burden, not the breeders.
2007-10-26 03:33:31 · answer #5 · answered by Freedom 6 · 5⤊ 0⤋
Yes. Go ahead and sign it. Your alternative is to give the dog to a rescue group (at no charge), give it away (no charge), or take it to Animal Services (no charge, and there may even be a fee) if you don't work out together. If you try and sell the dog, say, through Craig's List, Someone will know breeders of that breed, and will start asking questions.
You have a very responsible breeder here, who will take back the dog if you need them to. You might ask for a 'codacil' that allows you to choose another of her dogs if you return the puppy within a certain time-frame, and for 'good cause' (not he no longer matches my furniture, for example).
2007-10-26 03:11:26 · answer #6 · answered by stormdancer75028 2 · 4⤊ 0⤋
This is pretty standard in a breeders contract. It is not the breeders fault if you are unable to keep your dog, it is yours and thus your responsibility. Now, I would imagine that some breeders might be flexible and work with you on this. Like if you have made arrangements for the care of your dog in the event you died, you could probably discuss this with the breeder about who you would take responsibility of your dog. I imagine if it is a good home, the breeder would likely be okay with it, but must be approved by the breeder.
This is a good breeder. This breeder is making sure that their lines are not going to become part of the rescue/shelter problem. I would question any breeder who doesn't require this in their contract.
ADDED: I will be signing the very same type of contract with this stipulation in it this spring/summer, when my next puppy is ready to come home. IMO, no better place than to go back to the breeder, who likely has a list of potential owners who are interested in one of their dogs, but maybe not a puppy.
2007-10-26 03:00:29 · answer #7 · answered by Shadow's Melon 6 · 7⤊ 1⤋
Breeders don't buy puppies back. Unless you have purchased a breeding quality dog, then the breeder should have also included a spay/neuter contract. In such a situation, the breeder would be getting a puppy back who couldn't be used for breeding anyway so it's a considerate move on the breeder's part to have the door always open to previously sold puppies. The breeder is just looking out for the puppy's best interest.
2007-10-26 02:59:27 · answer #8 · answered by Boss 6 · 8⤊ 0⤋
Some breeders will refund some of your money, some won't.
The fact is, once the puppy has gotten past the "cute puppy" stage it is harder to find a new home for it. During the time they have it, the breeder may have to deal with extra vet and grooming expenses, extra food etc. and deal with behavior problems since the dog was likely NOT trained or socialized properly (or it wouldn't be coming back, in most cases).
Frankly, every dog I've taken back has COST me. Two I ended up keeping, due to health or behavior issues that made them unplaceable. The other two were placed (not sold) in good homes with people I know. All of them cost me money in upkeep during the time I had them.
I DID refund the money to the people who brought the pup back within days, when they realized that a puppy was too much for them to cope with at that time. They later adopted an adult basset from rescue.
People don't realize that an ADULT dog, even a purebred, has very little monetary value unless it is a top winning/producing animal. There's just not the demand for them.
2007-10-26 03:10:22 · answer #9 · answered by hello 4 · 8⤊ 0⤋
She will have to feed the dog until it's placed. Possibly update vaccinations, vet visits, grooming, etc. Depending on how the dog is behaving after it's been brought back for who-knows-why, she may have to seek a dog psychologist for assistance.
Heck, if the owner lapsed on training she may be taking back a dog with a bite history, which is a liability and cannot be placed and she'll be paying out of her pocket to put him down.
My contract reads the same way, IF I do sell the dog, the previous owner get's 1/3, the national club's rescue committee get's 1/3 and the national club's health/genetics committee get's 1/3. It's a win win for all.
Sounds like a good breeder, is she a member of the national or regional club? Does all the health clearances?
Good luck with your puppy!
2007-10-26 03:53:21 · answer #10 · answered by Wyandotte Hen 3 · 3⤊ 1⤋