Quote:
Originally Posted by caw  I would like to add something to what I just said and couldn't figure out how to edit. If a breeder "offered to take by a dog" instead of "making" you bring it back, I would not be bothered by that but to "make" that a condition.....personally, I don't care for that. That's just MY feelings on the situation. |
As a buyer, I agree with you, that was one of the things that bothered me the most about buying a Yorkie (conditions placed on the sale, which I refused) --- however, having since brought puppies into the world --- wow, much different feeling; however, that being said...in the end we all know we can't really make someone return a dog to us, but I wanted to offer their money back (within reason) should they simply up and tire of the pup/whatever their reason might be...sudden illness etc, etc. Knowing that I felt it wasn't realistic to expect them to do that without a monetary incentive. Expecting them to pay for what they brought upon the dog only seems fair - I used the example of "fleas" ---anyone can pick that up from a dog visiting their house, doesn't say the person is unclean, etc...but I'm selling someone a "flea-free" dog and "for example" they bring it back two weeks later infested and it costs me say $35 to de-louse it, why shouldn't I take that out of their "refund"? It's a matter of fairness. They don't get the pup their shots on time, expose the dog to a canine disease...bring it back...again...shouldn't the cost to return that dog to its disease free state be borne by them? I like to think of it on both sides of the coin. If I sold a pup with a preventable disease and the issues of that disease cropped up post sale the buyer would have the right to expect me to pay for it...wouldn't they? At least that's what buyers on YT are always saying they expect from their breeder. Doesn't the responsibility for proper care go both ways? For the record, no I'm not selling sick, flea-infested dogs...just using that as example.
As far as other things go, I would try to sell as I would buy...some things are beyond the scope of fairness ... in my opinion. Once someone sells someone something (sorry, a dog in the eyes of the law is a "thing", like it or not) it is no longer theirs to dictate how/what the new owner does with it.
Legal contracts have to be fair to both sides. You can have people sign all sorts of things, but if it isn't an enforceable contract it's not worth anything, that's something people have a hard time comprehending. The first thing a judge is going to look at is: Is it fair? Is it practical? Judges are always leaning toward the side of the buyer, so ANY improprieties in a contract will always come back and bite the Seller.
I can't make someone return a dog to me...however I can encourage it by offering them some sort of compensation. Giving money back is rarely to the benefit of the seller, it is for the sake of the puppy only. I'm not making people sign my agreement, only if they want the option to get their money back.
To those that requested a copy I have sent it - if you haven't received it, email me again. For those that responded with some great suggestions thank you so much.