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Are these valid and enforceable contract terms (Louisana)?

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theonyxhotel143

Junior Member
I've been asked to sign a contract to buy a puppy and have some questions on some provisions of the contract.

(1) It says that buyer agrees to waive any right to raise a defense against the contract and agrees to summary judgment in seller's favor. Is that enforceable? Will a court really not allow you to respond in a law suit? Or can you still raise defenses? There is a health guarantee for the puppy--but if SJ is always in seller's favor, how can you enforce that guarantee? Or, even worse, the seller could make a bunch of lies and I wouldn't be able to show proof he's lying? He would just automatically win?!

(2) If puppy is bred, seller will pay $15k fine. My concern with this is that, it seems more like a penalty than an actual liquidated damages. Also, by other terms of the contract, I have to have the dog shown and it will be with the handler. If something were to happen when I didn't have control over the dog, I would still be liable.

(3) The contract will superseded any law, statute, or ordinance.

Are these all enforceable? Or is it all just gobbledygook to make the seller feel protected? It just doesn't seem right that a court would enforce these in certain situations.

Thanks!
 


quincy

Senior Member
I've been asked to sign a contract to buy a puppy and have some questions on some provisions of the contract.

(1) It says that buyer agrees to waive any right to raise a defense against the contract and agrees to summary judgment in seller's favor. Is that enforceable? Will a court really not allow you to respond in a law suit? Or can you still raise defenses? There is a health guarantee for the puppy--but if SJ is always in seller's favor, how can you enforce that guarantee? Or, even worse, the seller could make a bunch of lies and I wouldn't be able to show proof he's lying? He would just automatically win?!

(2) If puppy is bred, seller will pay $15k fine. My concern with this is that, it seems more like a penalty than an actual liquidated damages. Also, by other terms of the contract, I have to have the dog shown and it will be with the handler. If something were to happen when I didn't have control over the dog, I would still be liable.

(3) The contract will superseded any law, statute, or ordinance.

Are these all enforceable? Or is it all just gobbledygook to make the seller feel protected? It just doesn't seem right that a court would enforce these in certain situations.

Thanks!
Analyzing and offering legal opinions on the terms of a contract falls outside the scope of this forum. It gets into the practice of law. Those members of the forum who are not attorneys (the majority) would be practicing law without a license. Those members of the forum who are attorneys would be violating their states' professional rules and codes.

If you fear that the seller of the puppy is not legitimate, either have the contract reviewed by an attorney in your area or purchase a puppy elsewhere (the Humane Society is a good choice).
 
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theonyxhotel143

Junior Member
Analyzing and offering opinions on the terms of a contract falls outside the scope of this forum. It gets into the practice of law. Those members of the forum who are not attorneys (the majority) would be practicing law without a license. Those members of the forum who are attorneys would be violating their states' professional rules and codes.

If you fear that the seller of the puppy is not legitimate, either have the contract reviewed by an attorney in your area or purchase a puppy elsewhere (the Humane Society is a good choice).
Then why did the "ask a lawyer" website direct me here!? I though the purpose of this forum was that lawyers in your area were available to answer questions (that's how this was marketed). And there seems to be a lot of questions about contract stuff on this contract forum...

And for the record, the humane society is NOT a good place to get a pup. You don't get papers so you have no idea what the pup's pedigree is or whether their parents were properly health tested. And they often have health issues.
 

quincy

Senior Member
Then why did the "ask a lawyer" website direct me here!? I though the purpose of this forum was that lawyers in your area were available to answer questions (that's how this was marketed). And there seems to be a lot of questions about contract stuff on this contract forum...

And for the record, the humane society is NOT a good place to get a pup. You don't get papers so you have no idea what the pup's pedigree is or whether their parents were properly health tested. And they often have health issues.
I am not sure why the "ask a lawyer" site directed you to the forum. Please read the NOTICE at the bottom of this (and every page) of the forum. Very few of the members of this forum are attorneys and they are, therefore, unable to analyze or offer opinions on contract terms, and those who are attorneys are unable to address contract specifics. You can get an answer from an attorney by going to the FreeAdvice AttorneyPages.com.

As to what you have quoted from the contract, I can tell you that a contract of the sort you are being asked to sign is not one that I personally would sign and I strongly doubt that all of the terms as written are enforceable. A reading of the contract in its entirety is necessary, however.

I disagree with you about the Humane Society but I guess purchasing a puppy from a seller who offers you a questionable contract, and who is not someone you completely trust, is your choice. ;)
 
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adjusterjack

Senior Member
Then why did the "ask a lawyer" website direct me here!? I though the purpose of this forum was that lawyers in your area were available to answer questions (that's how this was marketed). And there seems to be a lot of questions about contract stuff on this contract forum...
Frankly, I disagree with Quincy's admonition that a layman giving an opinion on contractual terms constitutes the unauthorized practice of law. That's just plain silly and goes against what these sites are designed for. The site's Terms of Service already disclaims that any comments given are not "legal advice" and no attorney client relationship is formed.

My own opinion is this:

You read it, you understand it, you sign it, you're stuck with it, and it could eventually cost you thousands, even tens of thousands to litigate it even if some or all of the terms don't hold up.

That being said, there's no way anybody in their right mind would (or should) sign a contract like that.

Find another source for a puppy.

And for the record, the humane society is NOT a good place to get a pup. You don't get papers so you have no idea what the pup's pedigree is or whether their parents were properly health tested. And they often have health issues.
I disagree. My last dog was a pound puppy. She lived for 15 years. Didn't have health issues until her later years which was to be expected and the only papers I ever cared about were the ones I put down for her to go on when she was young.

When you buy from a puppy mill you end up dealing with unscrupulous breeders who make promises they never keep and the puppies end up with health issues due to inbreeding.

If you don't like the idea of the humane society, try a rescue service. But, please, avoid breeders like the plague or you'll be back here in 6 months whining "What are my rights?"
 

quincy

Senior Member
Frankly, I disagree with Quincy's admonition that a layman giving an opinion on contractual terms constitutes the unauthorized practice of law. That's just plain silly and goes against what these sites are designed for. The site's Terms of Service already disclaims that any comments given are not "legal advice" and no attorney client relationship is formed.
Whether you think it is silly or not, that is how this forum has always operated. This site is not designed to dispense legally inaccurate or legally worthless information.

My own opinion is this:

You read it, you understand it, you sign it, you're stuck with it, and it could eventually cost you thousands, even tens of thousands to litigate it even if some or all of the terms don't hold up.

That being said, there's no way anybody in their right mind would (or should) sign a contract like that.
Actually, what you offered has very little legal value so you are right it probably would not constitute the unauthorized practice of law.

If onyxhotel143 wants something of any legal value from someone who knows contract law and how it is interpreted in Louisiana, however, s/he should seek out an attorney in his/her area of Louisiana.


Edit to add for adjusterjack, a link to the State Bar of Arizona's "Regulation of Non Lawyers" where the practice of law is defined in part as "preparing or expressing legal opinions" and the unauthorized practice of law would be preparing or expressing legal opinions without a license to practice law: http://www.azbar.org/LawyerConcerns/RegulationofNon-Lawyers
 
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AdoptADog

Member
I would not be comfortable with those terms. There are plenty of breeders out there. Reach out to others, see what their contracts are. If you are looking to show, you'll need a fully papered, intact animal, but beyond that you can get full breed rescued animals.

If you are buying a pet stock animal the breeder probably doesn't want to you breed the dog, because it has some issues that the breeder doesn't want to go forward. Why would you show that dog?

I've worked in dog rescue for years, and have seen papered animals come in. Sometimes pregnant females who appear purebred, and give birth to apparently pure bred puppies.

There are no guarantees about genetic problems, true. Then again, the dog can have other health issues, and the breeder won't help with that. A friend of mine has a pure bred Bull Mastiff. Guaranteed against some defects. At about 6 months old he started limping. She had carefully controlled his growth due to known joint problems that can develop. He developed it anyway. $5k later he got his elbows fixed. The breeder said too bad, so sad. It wasn't in our contract. Rescues often get those animals and fix their issues. I am sitting next to a purebred labrador (via DNA test) who came to rescue as a stray with a problem in her back ankle. The rescue paid $3400 to fix it prior to us meeting her. Now she is happy and healthy.

[/SOAPBOX]

Good luck with your puppy hunt and enjoy your new friend.
 

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