COMPANION CONTRACT GUIDE

 

 
Contract Date Ensure the contract is dated.
Identify Buyer/Seller Specify both the Buyer and Seller name, address, telephone and other contact information.
Identify Animal

 

 

Describe the dog being placed as detailed as possible:

"In consideration for (male/female), (color and factoring), (breed name) to be first named (kennel name) on AKC registration paperwork, born (date of birth), (litter #) by (sire) out of (dam) marked as (tattoo # or microchip #), hereinafter referred to as "Puppy" between "Buyer" and Seller".


Purpose/Amount

 

Ensure the purpose of the contract is stated concisely:

"Voluntarily enter and agree to all terms delineated in this Agreement, as witnessed by their signatures set forth below for Ownership Transfer and enter into accord, "Agreement", in the amount of ($ amount) dated (date of Agreement).


Represent Breed

 

 

 

 

 

 

Are you breeding to the breed standard? Well then guarantee you are doing so and explain the breed standard to discourage people from buying "purebreds" from puppy millers and pet stores, (whose dogs generally do not have the same "appeal" as someone who is breeding towards the breed standard):

"The Buyer understands that Puppy is a sound representative of its breed, to be used primarily as a family companion."

On a conformation contract, you could add:

"Additionally, this Puppy has been selected by the Seller as a conformation prospect. Specifically, to the best of Seller's knowledge and as of this date, Puppy is representative (of the breed) as a conformation show, performance and/or breed quality prospect and there is no evidence of disqualifying faults as defined in the Akita Club of America (ACA) Standard, recognized and adopted by the American Kennel Club (AKC) and has not been artificially presented nor surgically altered. 


Conformation Clause
(optional)

 

 

 

Tweak the verbiage to suit your show prospect guarantees -- typically reads:

"The Buyer agrees to keep Puppy intact for further inspection by Seller at six months of age. If it is determined Puppy is not maturing as expected, Buyer agrees to neuter between six and ten months of age and full AKC registration paperwork will be released by Seller upon receipt of a veterinarian's neuter certificate (or copy of same). Conversely, if it is determined by Seller Puppy is maturing as expected, Buyer agrees to keep Puppy intact and if Puppy is a female, release breeding rights to Seller of one litter resulting in one pick puppy to Seller. If puppy is male, breeder retains stud rights for one litter. Once this clause is satisfied, full AKC registration will be transferred to Buyer.


Companion Clause

 

 

If a Puppy is placed as a companion, require the Puppy be neutered to help reduce overpopulation in kill and live shelters:

"The Buyer agrees to have Puppy spayed between six and ten months of age, at which time, AKC paperwork will be released by Seller upon receipt of a veterinarian's neuter certificate (or copy of same).


Guarantees Health

 

 

An easy clause to trip yourself up on: make certain you are following the laws outlined by your state's statutes; failure to do so could invalidate your contract:

"Seller guarantees Puppy to be in good health evidenced by a health certificate by a licensed veterinarian; however, it is advised that Buyer have Puppy examined by a licensed veterinarian to validate the same within three days of Ownership Transfer."


Guarantees Health

 

 

Ensure Buyer has the well-being of the Puppy in mind for a lifetime commitment:

"The Buyer agrees to provide Puppy with complete medical, dental, grooming, and nutritional care, proper and safe housing, including a secure outdoor yard or run, and most importantly, love. Additionally, the Buyer agrees not to tie nor tether Puppy in any fashion, or to leave unattended in an unenclosed area; nor will the Buyer allow Puppy to ride unrestrained in the back of a pick-up truck."


Hereditary Defects

 

 

 

Even with all the testing under the sun, unfortunately, there is not one breeder who can guarantee a dog will not develop a hereditary defect. In this unfortunate event, do not leave your Buyer unprotected. Again, consult with your state statutes to ensure your guarantee is within the law:

"Seller warrants against hereditary defects that result in Puppy being unable to function as a family companion within five years from the Puppy's date of birth. The Seller requires Puppy be examined by two veterinarians for proof of genetic or hereditary defect."


Right of Refusal

 

 

Always offer the dogs you place a home in the event your Buyer becomes unable to care for them. This will decrease the overpopulation in kill and live shelters:

"If the Buyer cannot keep Puppy for any reason, he/she will give Seller first right of refusal to reacquire Puppy not to exceed the original contract amount. Under no circumstances will Puppy ever be abandoned, turned over to a pet shop, pet farm, research institute or shelter."


AKC Registration

 

 

Inform Buyer of 1991 AKC Registration Ruling:

"Buyer is hereby notified of new AKC ruling as of July 1991: Individual dog registration papers must be submitted to the AKC within one year of issue date, which appears on the blue registration application form. AKC will not accept registration papers beyond that date without severe penalty. If Seller does not have litter papers at the time of sale, Seller will notify Buyer by mail as soon as papers are received from AKC."


Contact Info

 

 

Keep in touch with your Buyers and offer assistance:

"The Buyer agrees to keep the Seller informed of any changes in address, telephone number or other pertinent contact information. The Seller is available to answer questions regarding care, feeding and training of Puppy at Seller's home phone number during reasonable hours or anytime at Seller's e-mail address."


Statutes

 

 

 

 

 

Some states (Florida Example) require clauses printed in your contract, like this one:

"It is the consumer's right, pursuant to section 828.29, Florida Statutes, to receive a certificate of veterinary inspection with each dog or cat purchased from a pet dealer. Such certificate shall list all vaccines and de-worming medications to the animal and shall state that the animal has been examined by a Florida-licensed veterinarian who certifies that, to the best of the veterinarian's knowledge, the animal was found to have been healthy at the time of the veterinary examination. In the event that the consumer purchases the animal and finds it to have been unfit for purchase as provided in section 828.29(5), Florida Statutes, the consumer must notify the pet dealer within two business days of the veterinarian's determination that the animal was unfit. The consumer has the right to retain, return, or exchange the animal and receive reimbursement for certain related veterinary services rendered to the animal, subject to the right of the dealer to have the animal examined by another veterinarian."


Consequences

 

 

So, you make your Buyer agree to these terms? What if the contract is not upheld; what are the consequences?

"It is understood and agreed that Buyer and Seller, by duly signing this form, have read and understand the conditions of this Agreement, in which Buyer's breach of this Agreement shall result in removal of Puppy from Ownership. This Agreement shall not be in effect until both signatures are affixed below and payment has been made and cleared in full."


Signature Lines Include signature lines for Buyer and Seller and print names beneath signatures.

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Updated on: 02/01/2008