Rights on contract of sale?

[brokeN_il]

What is the name of your state? Illinois

Recently, I sold a dog to a woman in Missouri. A contract accompanied the sale that listed several stipulations about breeding and health clearances. The dog is from champion lines and was sold as a "show or working" dog so the breeding clause is very important.

In the last few days, I've received a couple of emails where she is asking questions that lead me to believe she is interested in breeding her before she reaches the appropriate age and receives the proper tests, titles and certifications. If she breaches the contract, do I have any grounds to sue her and if so, what would happen - the dog is returned to me? I am very concerned with the well-being of the dog and that she is utilized as we discussed prior to the sale. I also don't think she knows that I can check up on her with the registry to see if there are litters registered by her.

I have emails from this woman that list her intentions but I've read somewhere that emails are very rarely, if ever, able to be used as proof in a case. Do I have any recourse should she break our agreement?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Illinois

Recently, I sold a dog to a woman in Missouri. A contract accompanied the sale that listed several stipulations about breeding and health clearances. The dog is from champion lines and was sold as a "show or working" dog so the breeding clause is very important.

In the last few days, I've received a couple of emails where she is asking questions that lead me to believe she is interested in breeding her before she reaches the appropriate age and receives the proper tests, titles and certifications. If she breaches the contract, do I have any grounds to sue her and if so, what would happen - the dog is returned to me? I am very concerned with the well-being of the dog and that she is utilized as we discussed prior to the sale. I also don't think she knows that I can check up on her with the registry to see if there are litters registered by her.

I have emails from this woman that list her intentions but I've read somewhere that emails are very rarely, if ever, able to be used as proof in a case. Do I have any recourse should she break our agreement?

My response:

Without using actual names, please write out the complete and exact verbiage of the "agreement".

IAAL

 

[brokeN_il]

I agree not to breed said bitch before the age of 2 years and prior to obtaining an OFA rating of at least Fair with a negative Brucellosis, and the stud utilized will be of the same age and in good health with the appropriate health screenings (OFA, Brucellosis at the minimum).

I agree that I will provide the option of two puppies of either gender from the first litter to ************* and ************, or any subsequent litters, not to exceed two puppies in total. I understand if his option is not exercised in the first litter that it can be in any and all litters that follow.

I agree to notify *************** and/or ************ should I decide to sell said bitch to give first option for re-purchase or placement.

There were some other financial parts but this relates to the breeding.

 

[I AM ALWAYS LIABLE]

I agree not to breed said bitch before the age of 2 years and prior to obtaining an OFA rating of at least Fair with a negative Brucellosis, and the stud utilized will be of the same age and in good health with the appropriate health screenings (OFA, Brucellosis at the minimum).

I agree that I will provide the option of two puppies of either gender from the first litter to ************* and ************, or any subsequent litters, not to exceed two puppies in total. I understand if his option is not exercised in the first litter that it can be in any and all litters that follow.

I agree to notify *************** and/or ************ should I decide to sell said bitch to give first option for re-purchase or placement.

There were some other financial parts but this relates to the breeding.

My response:

I don't see anything where it gives you any rights to do anything. There are no agreements concerning anything in the event of a breach. In other words, there's nothing you have said that a court can rule upon, and nothing for you to exercise if there is a breach.

Where are the penalties?

Basically, she can tell you to take a flying leap.

IAAL

 

[brokeN_il]

So basically, I should have stated that if there was a breach, what would happen in that event?

I guess I should have consulted an attorney on this.....

Thanks for looking it over, though.

 

[BelizeBreeze]

And that's what I was waiting for. IAAL's response (as always) is right on the money. It's obvious to me as a breeder, that you did not have an attorney draft this contract, nor did you use a standard Breeder's contract from the AKC.

Next time, pay a small fee for a draft contract from an attorney or use the AKC template.

 

[brokeN_il]

As someone who doesn't sell often and is not a breeder, I wasn't aware of the AKC template. Had I known what I wrote was not sufficient, I would have opted to seek legal guidance considering I have a legal plan so the service costs me nothing. Just things I didn't know...

But thanks again.

 

[BelizeBreeze]

You don't have to be a breeder to utilize the services of the AKC.
Does this dog have pedigree papers and if so, did you include them with the sale or in the contract?

 

[brokeN_il]

I did not say that I couldn't use their services, what I said was that I wasn't aware they offered anything in the way of contracts of sale.

Pedigree was provided, but it was not the official AKC copy because AKC does not include German working titles or achievements which are an important part of her ancestry. These titles are very important and tell the story of what lends to her being a great dog. Pedigree, however, was not mentioned in the contract in writing anywhere because I don't think it is relevant. Again I could be wrong.