7 Things That You Should See In A Contract Before Purchasing Your Puppy

I see this all the time. People stuck in a bad situation with a breeder due to a non-existing or poor contract. When you’re there to pick up your pup the excitement is overwhelming and often the last thing you think of is a contract. This is why it’s so important to ask for the contract in advance. It gives you time to read it without emotional involvement and decide if it’s right for you before falling in love with that pup. 

If a contract looks like the breeder typed it up on their own and doesn’t contain appropriate legal jargon it may not be able to protect you in the event something goes wrong. You may have the utmost faith in your breeder - they may have the best intentions, and may even have chosen the best possible parents, but things go wrong genetically all the time. It’s better to make sure you’re protected in the event it does. 

Now, I’m not a lawyer and this doesn’t constitute legal advice but here are some basic things to look for in your contract: 

1. It must be in writing. A verbal agreement can be difficult to prove in court even with witnesses.

2. There should be a detailed description of your pup. This could include markings, date of birth, who their parents are, microchip number, etc. Whatever it takes to make it clear that your pup is the one referred to in the contract.

3. There should be space for your information (name, address, phone, email) as well as the breeder’s.

4. It should have the purchase price including any discounts or deposits given as well as terms of payment.

5. The breeder will most likely want to include an Assumption of Risk and Release of Liability to protect him or herself. You should also make sure it includes who pays for attorney fees if a suit is brought and arbitration information.

6. There should be space for both of you to sign. Make sure the breeder has signed your copy.

7. If the breeder is saying they’ll do something extra make sure they write that into the contract. Even if it’s handwritten and initialed. Don’t just take their word for it. For example, you’re purchasing a pup who’s second testicle hasn’t dropped and the breeder tells you they’ll pay for half the cost of the neuter if it doesn’t drop by a year old - have them write that into the contract. You don’t need to be in a position a year later reminding them they told you that. 

Here are a few things you might not want to see in a contract. This really depends on your comfort level. You may not take issues with any of this at all and that’s perfectly fine. My concern is when a person is so excited to bring their pup home that they sign a contract without reading it then find later they’ve agreed to updates, home visits, sending pictures, or any number of other things. 

1. Stipulations that you must send information. Now I think it’s wonderful when a breeder actually cares about the well-being of their pups but I personally think this is a huge over reach. It’s absolutely fair to ask for pictures or do a survey so you can better your breeding program, but to force a person to continue regular contact is a bit much. I’ve seen this go really bad when a breeder demands a pup back or sues for damages because the owner didn’t send in pictures when the pup turned 6 months old or something like that. 

1. Stipulations of home visits. Some breeders want to be able to come visit when they want to. I can totally understand the desire to see the pups you brought into the world, but personally I think that should be up to the owner’s discretion. 

1. Stipulations that you need to feed a certain food or give supplements. Again, I personally think this is an overreach. As a breeder it’s absolutely reasonable to recommend certain brands or supplements, but to demand it is too much. If a breeder doesn’t have faith in the decisions of the person they're selling a pup to, they shouldn’t be selling it to that person at all. 

1. Requirement of social security number or birth certificate. I totally agree that a breeder needs to be sure the person getting their pup is on the up and up and I could understand if they feel more comfortable seeing a license or ID. But what possible reason could they feel they need a social security number or birth certificate? This would raise a huge red flag for me. 

When in doubt about a contract, have it reviewed by another party. Never sign it if there’s something you don’t feel comfortable with. You may feel like that’s the only pup for you but there are so many breeders out there and it’s a big decision that shouldn’t be jumped into. The breeder you choose could be the person you’re relying on if something goes wrong and that contract could end up being your only protection. Read about the 3 Reasons A Breeder Doesn’t Have A Contract And Why You Should Walk Away.