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Contract Date
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Ensure the contract is
dated.
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Identify Buyer/Seller
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Specify both the Buyer and
Seller name, address, telephone and other contact information.
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Identify Animal
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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".
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Purpose/Amount
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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).
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Represent Breed
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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.
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Conformation Clause
(optional)
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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.
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Companion Clause
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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).
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Guarantees Health
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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."
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Guarantees Health
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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."
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Hereditary Defects
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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."
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Right of Refusal
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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."
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AKC Registration
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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."
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Contact Info
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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."
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Statutes
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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."
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Consequences
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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."
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Signature Lines
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Include signature lines for
Buyer and Seller and print names beneath signatures.
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