Puppy Contract - Right of First Refusal

[blue_22]

What is the name of your state (only U.S. law)? Michigan

Hello.

We purchased a dog from a breeder about a month ago and we decided that dogs aren't for us. The contract states that the breeder has the "Right of First Refusal". Does that mean that the breeder has the first right to buy the dog back or to take the dog back without purchasing it? We'd like to recoup as much as we can.

Thanks in advance.What is the name of your state (only U.S. law)?

 

[ariastar]

our concern should be in making sure the pup is in a good home, not trying to get every penny you can for it. You'd rather take $1,000 for a home that would abuse it over $500 for a home that will treat it well?

When I breed, my contract states that, within X time, $Y for the pup will be returned. Within X+1, $Y-1 will be returned, based on how much I could reasonably charge a new, good home, and for any expenses I could expect to incur in making sure the pup is still healthy (I've got to make sure that the pup wasn't mal-treated, and pay for any vet care that could be needed) and in readvertising.

The breeder shouldn't be charged 100% of the purchase price. You've had the pup for a month, and it's harder to find good homes for older pups. Does our contract state anything about the breeder paying a percentage back?

 

[blue_22]

Thanks for the response.

This is not an ethics question. It's a legal question.

Yes, our goal is to find her a good home. We don't expect the breeder to do anything. My question is about whether we can find a new home for the dog ourselves if the breeder does not want it given the Right of First Refusal language in the contract. We would give the breeder a chance to match that offer. We have every intention of finding a good home for the dog.

There is no language about the breeder paying a percentage back. All it says about this is the following:

"Should the dog ever be offered for sale, given away or otherwise disposed of, the seller has the first rights of refusal."

I assume that means that if we find a new home for the dog then the breeder gets the first shot at beating that offer.

Does that sound right?

 

[TNBSMommy]

Have you contacted the breeder and asked them what their policy is exactly?


I would think "right of first refusal" means you give them the option to take/buy the puppy back BEFORE you find a buyer and expect the breeder to "match" the price.