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(3) The contract will superseded any law, statute, or ordinance.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(3) The contract will superseded any law, statute, or ordinance.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