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Thread: contract of sale?

  1. #1
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    Default contract of sale?

    Hi, im wondering if any breeders can help me out. my border collie is due any day, this was a one off mating im not planning on breeding or anything but that doesnt mean i want to just leave things to chance, i want to make sure things are done right and professionally. my question is can any breeders show me an example or template of a contract of sale, things to include etc, given im not a breeder would it presumptuous of me to have a spay or neuter clause in a contract? (she will be spayed before her next birthday and the pup we keep will be as well) and also maybe a list of things they like to ask prospective buyers, my grandfather has winning border collies that he occasionally has a litter from and my dads partner has bred ridgebacks for many years so i know the basic ins and outs, i have my list of requirements just looking for others based on experience, also any extra advice in finding the right homes for the currently unsold pups. where to advertise thats not going to attract the crazies lol.

    oh and one last question is there any border collie specific whelping issues i need to watch for? everything ive read over the past 3 months is pretty breed specific but i couldnt find anything for MY breed, and of course when i have last minute questions my go to is unavailable (blasted dog trials )

  2. #2
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    I would be thinking about what sort of home you want the pups to go to. Is your BC working bred or showbred lines? How active is she and the father and are they currently involved in any sport or work? Think about there temperamnets and the sort of home they are most suited to.

    Quite a lot of working breed pups come through rescue because they were placed in unsuitable homes.

    When I have adopted working bred pups from the shelter I have had to fill out a questionaire about my lifestyle, how much time I have to devote to training, exercise, is the dog going to be an inside or outside dog. They also insist that if something in my life goes wrong and I can no longer keep the dog that I contact them first. I have to sign that I will do this.

    They also have the price of the sterilisation included in the purchase price and a voucher is then given for the dog to be sterilised at the appropriate time. Not sure how they enforce this. They know they dont have to for me because I sterilise my dogs. I dont hink they have too many issues as it is pre paid.

    I have a contract of sale from a breeder bred Border collie but that was to guarantee her free for life from the genetic eyes diseases common in Border collies.

    I think finding out as much about where your pups will be going as you can, and I would want them to contact you first if they were ever going to dump the dog later down the track or were having issues.

    Hopefully a breeder might be able to help you out.

    The agility community is always a good place to start. I know my friend is currently looking for a BC female puppy for agility and obedience but she is on the otherside of Australia from you.

    Hopefully if you spend time find the right owners these puppies wont join the long lines of working dogs waiting to be adopted. That is your responsibility and I am glad you are taking it seriously.
    Last edited by Kalacreek; 04-04-2013 at 07:25 PM.

  3. #3
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    mrsburrows09

    there may also be some legal things you need to do before you rehome your puppies. Like getting them all microchipped. If you really want to, you can also get them all desexed first - my bitch was desexed at 8 weeks old. That's not ideal for an agility dog - 18 months would be better - for skeletal and joint development but so far so good for us.

    AWL used to have a deal where you could get the mother desexed in exchange for the pups - that would all be desexed (and microchipped and etc) before they were homed.

    A lot of breeders have a puppy kit that includes stuff like how to look after the puppy, what you were feeding it - and how to transition to a different dog food (eg not all at once) and how often to feed it and when, how much exercise to give it (eg 5 minutes per month of age), maybe some region specific stuff like how to check for ticks and reduce the chance of getting them, and what to look out for - tho hopefully anyone in QLD who takes on a BC will know some of this stuff already.

    I would also ask / check that the person is planning to stay in Australia for one doggy life time, or what their plan is if they decide to go overseas. Some rescues won't home to students from overseas because they have a high rate of dumping dogs - ie they have the dog while they're a student in Australia and dump it at the pound when they have to go home. Some rescues won't home to renters - for similar reasons, dogs get dumped when people move.

    The trouble is - once you sell the dog - you don't have any say with what the person does with it after that. As far as desexing goes, I'd consider finding out what your vet would charge for desexing and adding that to the price of the puppy - with a rebate - on proof of desex (within 2 years) - you will refund that amount to the puppy owner. That gives them incentive to desex.

    There are loads of resources on the net to help put together a puppy care kit
    RSPCA Australia knowledgebase / Puppies

    and
    Raising a Puppy | Dog Star Daily

    You probably need a standard bill of sale - that shows what you were selling, the microchip number (ie id), how much for, and whether you were paid - one copy for you and one for the buyer and the buyer would need the microchip details for transfer of owner.

    Most of the breeder contracts I know about are for breeders who want to lease out their dog instead of selling it, and they retain breeding and showing rights and ownership, and you get to keep the dog at home when it's not doing the breeding / showing thing, and pay for all the upkeep and do the training and etc. I could only do that if I was really good friends with the breeder and was willing to give my dog back to them any time they wanted. And I'd expect a big discount on the price of leasing.

    It is quite a common thing to do with horses - ie someone leases the horse instead of buying it, and they look after the horse but they can give it back to the owner when they don't want it any more.

  4. #4
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    thanks guys! They will absolutely be wormed vaccinated and chipped, the owner of the father is a vet nurse at our local vet so they will be well taken care of. i will definitely be making sure that i am the first person called if ever they cant keep the dog, i will take every single one of them back if i have to.
    We are renting (though hopefully buying before the end of the year yay!) We would never consider a property that didnt allow animals and i dont know how anyone could, surely if you know you will have to move for your job a lot you wouldnt get a dog!! (or any animal for that matter, maybe a snake as they only eat once a week lol)

    both parents are pets, the father does work but thats not his primary role, Suzie, ive been told by my grandfather, does have the potential (he does sheep dog trials) but was never been trained to work so obviously doesnt, we dont have any agility/ obedience groups nearby (ones easy for me to travel to with children anyway) so she is a lady of leisure, thats why shes getting fixed. our next dog will be a rescue, we are keeping one of these pups so it probably wont be till my kids are grown or we move to land big enough for 3 dogs.

    puppy kit is a great idea, i will be putting in info about the puppy preschool here (i want to make sure they get basic training, i know some people who just wing it :/ ) and i know they have an eukanuba sponsored book they give out but i will see what else i can put together thanks for the links

    im so nervous and excited, just printed out a blank litter record sheet and put it with the scales, washed all the old towels and found all the newspapers i hadnt yet collected, i "think" im as ready as i can be, now we wait,

  5. #5

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    Some breeder's have in their contract that if a dog is bred without their consent, they can reclaim both the dog and his/her puppies.

    I guess it depends on how far you want to go with your contract.

    Other reasons breeders reclaim dogs include the owner no longer wanting to keep the dog or not providing adequate care.

    Obviously you don't want to be specifying what food they feed the dog, though a few agreements in a contract shouldn't bother someone if they are a good candidate for one of your pups.

  6. #6
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    I would doubt the contract is really enforceable unless it was legally drawn up. Otherwise I would expect the courts would look at such a contract as a proof of intention at the time and take it in to consideration if the need ever arose rather than an enforceable documnent. There is obviously protocol that needs to be followed when doing up a contract, with witnesses of signatures and so forth.

    The questionaires that one fills out to adopt a rescue dog have a lot of good questions in them and I guess if you check those with the prospective buyer it would give you an idea about them. When I have gone to a good breeder enquiring about pups, they usually interview me on the phone for ages and then if they have a pup that might suit and they think I am suitable I visit. The last breeder chatted to me for about 2 hours before the deal was done.

    I would doubt that you can enforce basic training, this is something you will need to guage from the prospective buyers. I would think that it would be a good idea to perhaps look for potential owners that have owned working breed dogs successfully before, particularly if the puppies are high drive and energetic Border collies tend to need physical and mental stimulation as you would know already. Some are needier than others. My working bred BC that I use as my sheepdog would be unsuitable for any home other than a working or sport home, wheras my showbred bitch would be suitable for an active person in suburbia.

  7. #7
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    Some breeder's have in their contract that if a dog is bred without their consent, they can reclaim both the dog and his/her puppies
    This could only be enforced if the breeder only leased the dog out, not sold it. It would be equivalent to putting into a house bill of sale - that you could reclaim it if it was used for something illegal like growing pot. But I think the lawyers would get that thrown out.

    The other place lots of unenforceable crap gets put - is in employment contracts - the ones where they say you can't work in your industry if you quit working for your current boss, and that all the stuff you do in your own time, belongs to them. I don't think so. Well maybe if you used their equipment to do it but otherwise not.

  8. #8
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    ok so i did some googling and found something like what i was after, i did some editing as some of the sample was irrelevant to my situation and this is what ive ended up with

    2. The Seller guarantees that the puppy is in good health on the date of delivery. The Buyer has the right to return the puppy to the Seller within five days after delivery and receive a refund of the purchase price if the puppy is found by a veterinarian to be suffering from any disease.

    3. The Seller guarantees that the puppy is free of hereditary defects to the best of his/her knowledge. Should the puppy be diagnosed with hip dysplasia prior to its third birthday, or suffer loss of eyesight due to Progressive Retinal Atrophy (PRA) or Collie Eye Anomaly (CEA) prior to its fifth birthday, Seller agrees to refund the purchase price. Buyer may keep the dog if he/she so desires, but must present certification by a veterinarian in order to receive refund. The Seller does not assume any additional liability for possible genetic defects in the puppy, and will under no circumstances be responsible for veterinary bills resulting from any such condition.

    4. The Buyer shall maintain the puppy in good condition, including adherence to a regular immunization schedule, heartworm preventative, good diet, and a clean and safe environment.

    5. If at any time in its life the puppy is to be sold or given away due to the Buyer unable or unwilling to continue caring for the puppy, the Buyer shall notify the Seller and give the Seller first option to take the puppy back. The Seller agrees to assist in finding a suitable replacement home

    6. The Seller shall not sell the puppy, or its offspring (if any), to any individual or establishment in the business of buying and selling puppies for a profit.

    obviously its not legally binding, but if someone cant agree to that then i dont think i want them taking my pups! thanks for all your advice!

  9. #9

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    'mrsburrows09' - no where in your posts have I seen anything to do with health testing the sire and bitch of this litter that you are awaiting anxiously for ! You also stated that you are not a BYB ! BTW - Fair Trading is the legislation you should be concerned about !

    So anything you put in a contract - will be null and void as far as I would be concerned ! If the parents of this particular litter can't be verified as being healthy to start off with - by health testing - before they were mated - then you can do all you like with contracts/wording or whatever - courts will not look on this situation with any interest ! The contract you come up with - will not not be worth the paper you will be using to print it !

    Have a look at this link below:

    Disorders by Breed - Border collie - LIDA Dogs - Faculty of Veterinary Science - The University of Sydney

    You may think that you are doing the right/correct thing with this litter by looking at where they will be going - but - health testing for me is paramount ! There are far too many unhealthy pups being bred - of any breed - for my liking !

    I wish you well for your litter of pups and hope you have a good outcome for both mum and pups !



  10. #10
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    6. The Seller shall not sell the puppy, or its offspring (if any),
    This bit - do you mean the buyer shall not on-sell (or use) the puppy for puppy farming / profit or that you won't do that. Perhaps you mean the buyer agrees not to use the puppy to make more puppies for profit. Or maybe the buyer agrees that before attempting to breed this puppy that they get appropriate hereditary disease tests done on both dog and bitch to minimise the chance of passing on genetic problems.

    You may want to include a desex incentive like I said before. An amount, criteria to meet, and a deadline.

    Make sure you have some stuff about who the buyer and seller are - and maybe some identifying info - like the drivers licence number of the buyer (have a look) and while you're checking them out, surrepticiously get their car licence plates too - just in case.

    RSPCA insists that all family members including other dogs, and cats and humans - meet the prospective puppy... so that they can see that everyone is happy with the arrangement.

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