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As usual, this contract is meant to provide you with some ideas for you to use in drawing up a Puppy Sales Contract for your own kennel. The authors and ShowDogSuperSite.com make no claims as to the legality of this contract. You should take any contract you develop to your attorney for their input if you wish to make a contract you know will be legally enforceable.
This rather extreme contract reflects several undesirable outcomes of puppy agreements that have lately been experienced by reputable breeders. They reflect the changes in our society and its ever increasingly litigious nature, and the venality of humans, who, unfortunately, are not dogs.
Date of Sale:____________________ Date of Delivery____________________________
Terms: Outright purchase _________________ Co-ownership______________________
Registration: Full________________________ Limited_________________________
Balance paid:__________________ Date:_________________ (Balance due on delivery).
Breed – (Your Breed) Sex______ (Preference: M F Either ) Color:
DOB:______________ Puppies must be 8 weeks or older before delivery.
Litter/Registration Number ____________________
Call Name:___________________________ OFA#_______________________________
Call Name: ___________________________ OFA#______________________________
§ See pedigree attached.
- This puppy/dog is a purebred (Breed). This puppy/dog is of typical temperament and structure, and embodies the basic standards of the (Your Breed) breed.
- The pedigree furnished is correct.
- The puppy/dog is: registered _________ registerable ________ with the AKC.
- The registered name is / will be __________________________________ OR
- The kennel prefix “Your Kennel Name” must (be used as the first word of the registered name) or (be used in the name).
- AKC Registration papers will be filled out after the sale is complete, and will be forwarded to the Buyer when they have been returned by the AKC.
- The registration is full _______ or limited________. Puppies sold on limited registration may not be shown in AKC conformation shows or bred. The Buyer’s understanding and acceptance of this condition is signified here by his/her initials:____________________ Date:________________
- The purchase price of this puppy/dog will be refunded if the Buyer furnishes the Seller with a veterinary certificate indicating that the puppy/dog is unwell or unsound, and returns the puppy/dog to the Seller within 72 of delivery. No veterinary or shipping costs will be reimbursed by the Seller.
- If the Buyer has paid by check, the purchase price will be refunded only if or when the Buyer’s check has cleared and been credited to the Seller’s account.
- The puppy/dog’s sire and dam are both OFA certified as free of hip dysplasia, and comes from many generations of puppy/dogs also free of hip dysplasia. The puppy/dog is expected to be free of hereditary crippling hip dysplasia, however, no guarantee of such is or can be made, or intended herein.
- The puppy/dog is healthy at the time of sale and has had the immunizations enumerated in the § attached health record.
- If at any time the Buyer is unable to keep or care for the puppy/dog, it must be returned to the Seller. The puppy/dog may not be transferred or sold by the Buyer. The Buyer’s understanding and acceptance of this condition is signified here by his/her initials:____________________ Date:________________
The Seller will endeavor to place any returned puppy/dog as advantageously as possible. If a purchase price is obtained for the puppy/dog, it will be refunded to the original Buyer, less any costs of placement. If the puppy/dog is placed free of charge, no money will be returned to the original Buyer. No veterinary or other costs of keeping the puppy/dog, or any other costs incurred by the Buyer resulting from his/her ownership of the puppy/dog, will be paid by the Seller to the original Buyer of the puppy/dog under any circumstances.
- Seller in no way guarantees that this puppy/dog shall win in conformation and/or performance events.
- Seller agrees to provide advice and information on showing and grooming to the best of her ability, to help the Buyer of a show or performance potential puppy/dog to present the puppy/dog to its best potential.
- If the Seller determines by any means that the puppy/dog is not being suitably cared for or that it has been mentally or physically mistreated, Seller has the right to take full possession of the dog and its properly signed AKC transfer papers/registration, without compensation. The Seller’s opinion is the only authority required to justify this action. Testimony of other people will not supercede the Seller’s judgement on this matter. Under such circumstances, all warranties are then VOID.
No other warranties or guarantees, expressed or implied, are made under this contract except as stated above. Signed by Seller:____________________________________
- The Buyer agrees to maintain the puppy/dog’s health with yearly vaccinations as specified by their veterinarian.
- Should the puppy/dog become ill or unsound, any and all costs of treatment will be the responsibility of the Buyer.
- The Buyer agrees to keep the puppy/dog in appropriate lean weight so as to maximize the puppy/dog’s soundness and longevity.
- The Buyer agrees to feed only those puppy/dog foods acceptable to the Seller, and in particular, agrees not at any time to feed the puppy/dog a ‘raw’, ‘BARF’, vegetable, or home-cooked diet.
- The Buyer agrees to contact the Seller about any changes to the puppy/dog’s diet, and to abide by the Seller’s decision in regard to any change in food. The Buyer’s acceptance of this condition is signified here by his/her initials:_________________ Date:________
- The Buyer agrees to socialize, train and keep the puppy/dog in a manner acceptable to the Seller.
- If at any time the Seller finds that the puppy/dog is being kept, treated or allowed to behave in a manner not acceptable to him/her, the Buyer agrees to surrender the puppy/dog, (and all of its registration documents, with ownership transfer properly signed), to the Seller.
- The Buyer agrees to allow the Seller access to the puppy/dog, and to the premises where it is kept, to evaluate the condition therein.
- Buyer of both pet and show/breeding puppies shall obtain OFA hip certification (Penn Hip is not acceptable) as soon as possible after the puppy/dog reaches 24 months of age. This will help us to continue to provide the healthiest, happiest, and soundest pets possible
- Buyer agrees not to sue Seller and to pay any and all court /attorneys fees incurred by the Seller should any suit be brought against the Seller in regard to this puppy/dog by any person. Buyer signifies acceptance of this condition by initialing here:_________________ Date:_______
- Buyer acknowledges that special coat care, conditioning, training and feeding are necessary to produce a competitive (Breed) in conformation and performance events, and that this care and training is his/her responsibility. This care and training is acknowledged by the Buyer to be his/her responsibility.
- Buyer agrees that any (dog or bitch) being bred to this (Breed) shall be approved by the Seller. All breedings must be done by contract, and any dog/bitch bred to this (Breed) must have OFA hip certification of good or better, and any other health clearances requested by the Seller or typical for the breed.
- No bitch shall be bred to this male (Breed) except by artificial insemination unless Seller approves pre-breeding medical workup results for the bitch to be so bred. Please refer to the Pre-Breeding Exam for the Bitch article for appropriate testing of the bitch prior to breeding.
- Buyer agrees to make this male (Breed) available to the Seller for breeding at no cost, and not to castrate this male puppy/dog. OR
- Buyer agrees to consult the Seller over any and all matters dealing with the reproductive system of this female(Breed). This bitch may not be spayed, even for medical reasons, prior to consulting a suitable canine reproductive veterinarian.
Special agreements pertaining to the purchase of thispuppy/dog are listed below:
Signed by Buyer:__________________________________________ Date:__________
1. Witnessed by:_____________________________________________ on this
date: ________________ at ______________________________________________
2. Witnessed by:_____________________________________________ on this
date: _________________ at:__________________________________________
SAMPLE GENERAL PURCHASE AND SALES AGREEMENT
The following agreement is between “BREEDER”, “KENNEL”, hereafter referred to as “Breeder” and (NAME OF PURCHASERS AS EXPECTED ON REGISTRATION CERTIFICATE), hereafter referred to as “PURCHASER” for the sale and purchase of one purebred dog of the “Breed Name” breed.
In consideration of a purchase price of ($X.XX), of which two hundred dollars is a non-refundable deposit, the breeder transfers in fee simple all rights, privileges and responsibilities associated with the ownership of a (male /female) dog of the (“Breed Name”) breed to Purchaser as of the date and time specified below. This represents the entire agreement between Breeder and Purchaser in an (Outright/CoOwnership or Limited Registration) sale.
Use of the Dog:
It is agreed between breeder and purchaser that this dog is being acquired as a family companion dog or as a working dog to be used for tasks appropriate to its breed such as herding, search and rescue, therapy dog or for exhibition in AKC conformation, obedience, or agility competition.
We agree that the dog is not purchased for resale nor will it be used or trained for activities which are illegal or for which it is not suited by reason of temperament or conformation. Specifically it will not be used as a guard or attack dog or to hunt or fight other animals.
The breeder warrants the dog to be in good health and free from parasites as of the time of sale. Further the breeder warrants that both the sire and dam’s hips have been X-Ray’d and evaluated by the Orthopedic Foundation for Animals (OFA) in the United States or by the Appropriate Certifying Body in “Country of Origin”, and have been found to be of the grade of “Good” or better by the Orthopedic Foundation for Animals ( or the equivalent grade in country of origin) and are free of canine hip dysplasia and that their eyes have been examined by a veterinary ophthalmologist and certified by Canine Eye Registration Foundation to be free from inherited eye disorders.
In the event of emergence of any genetic disorder which is sufficiently serious in the opinion of two qualified veterinarians, one of whom selected by the breeder, to warrant euthanization of the dog the breeder agrees to:
B. Refund the original purchase price less the non-refundable deposit.
Breeder strongly encourages purchaser to have the dog seen by a Veterinarian of purchasers choice within 72 hours of picking up the dog. Said dog may be returned to the breeder for any reason within the 72 hours following purchase. Provided that the dog has not been damaged in any way the purchaser will then be entitled to a refund of the original purchase price less the non-refundable deposit.
The breeder certifies that the dog is eligible for registration under the Regulations of the American Kennel Club as a purebred (“breed” ) and will provide the proper forms for such a registration. The breeder reserves the right to affix the kennel names “Kennel Prefix” and supply a registry name for the dog.
If the dog is purchase as a pet, limited registration and co-ownership will be provided prior to neutering.
The purchaser agree to maintain the dog in a humane environment and properly train and care for it. Specifically the dog will be properly licensed and Inoculated against rabies, distemper, parvovirus, and other communicable diseases as recommended by a qualified veterinarian. The dog will not be allowed to roam and will be socialized and obedience trained appropriately. The breeders strongly recommend permanent identification by tattoo or microchip.
Spay & Neutering:
Bitches which are purchased as family companions and dogs which are judged not to be of show and breeding quality should be spayed when they near maturity, before nine months of age. (The breeder will rebate to the purchaser one third of the purchase price, less non refundable deposit, upon receipt of a certificate of spay from a qualified veterinarian, provided that the dog has not previously been used for breeding. )
“Show Quality” Dogs:
The breeders will use their best judgment and the advice of other fanciers in evaluating the puppies as to show or pet quality. There is no guarantee that a puppy evaluated as “Show Quality” will be successful in the show ring as an adult and no warranties are made to that effect. The breeders encourage owners to participate in the sport of purebred dogs and may be available to assist purchasers in preparing and showing dogs which are evaluated to be of show quality.
Right of Recovery/Placement:
In the event that the purchaser’s are unable to keep the dog or provide an appropriate home in accordance with this agreement, the dog will be returned to the breeder. Purchasers agree to notify the breeder if any such contingency arises and will not abandon the dog to a shelter or sell or give the dog away. If dog is found to have been sold or given away without Breeders knowledge and said breeder discovers this, Breeder will take legal action and original purchaser of the dog will be responsible for all legal expenses incurred.
Agreed to this ———– day of 1998
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