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Originally Posted by chachi  No a contract is enforcable in court. She could go into court and have the judge order the pup back in her custody. All reputable breeders have contracts like this for that reason. One of the things you do is not give them their papers untill they show proof that the dog has been altered. That is one way to keep track if they have did it or not |
In order for a contract to be enforceable it must be fair and reasonable to both sides. Judges lean toward protecting the buyer.
If someone is determined to breed the dog they buy they will, papers or no papers. It's all a nice thought, but that's all it adds up to. Contracts such as these are false security. However, you're more likely to win if you're a big time breeder under the pretense of ruining the kennel's name and dog's reputation in a breach of contract. But if you're a small time breeder the best you might get from a lawsuit is some satisfaction.
I also request they return the dog to me -- when I explain it to them I tell them how it's a benefit to them - should they need to "unload" the dog right away (due to sickness/move/what-have-you) they know they can bring back to me rather than waste time trying to find it a home...they relate better when it's to their benefit. People are very self-serving I've found and if they are of the mindset that they'd dump a dog turning the conversation toward their benefit might protect the puppy in the end. What else can a person do? I also tell them I wouldn't hold up them giving it to someone else but I'd like to meet the other person first, etc. In the end there's no way I could "make" them do anything --- contract or not.