YorkieTalk.com Forums - Yorkshire Terrier Community - View Single Post - On The flip side...Breeders dont like you either

yorkipower · 04-13-2005, 11:56 AM

I am a practicing attorney but I am licensed in NY. I'm gonna give you a quick and easy answer to your question but please keep in mind that I'm beholden to legal ethics and am probably not licensed in your state, therefore, this is not intended as "legal" advice (and therefore Ironically, the breeders on the board are more free than I am to give you all the details on the law!). The BEST commonsense advice I can give you, which is the advice I ALWAYS give when a legal question comes up on the board, is to seek out the advice of an attorney near you to find out what the local law is in your area. A great reference book to have is “Nolo’s Dog Law.” There are “boiler plate” contracts out there too which a good attorney can tweak for your jurisdiction and particular purposes. That said - here's a quick and easy, "broad strokes" answer to your question which you can then go ahead and apply more specifically with the direction of the breeders on this board and a local attorney:

A contract is a contract. If you were selling sprockets instead of puppies, you, as the seller of your "product" are the "Master of your bargain.” You can draft out your contract according to the terms you think are reasonable, you can negotiate with the other party, and as long as both parties can negotiate freely and have the capacity to do so (for example, special rules apply to children and mentally ill), you can put terms into a contract to protect your interests, which in this case means, to protect the dogs you are selling. You don’t need to be a “Breeder” to get the right to do that. You just need to be selling something that you have a legal right to be selling and drafting a contract with another party who is able to negotiate with you and to be advised of his or her legal rights and the subject matter of the contract must be a legal transaction (a contract for an illegal action, such as selling illegal drugs, would not be enforceable).

I hope this “broad strokes” answer is clear, otherwise, I call on the help of the breeders!!!! Ha.

04-13-2005, 11:56 AM	#46
yorkipower BANNED! Join Date: Nov 2004 Location: New York Posts: 446	Not intended as legal advice (sorry need to make this disclaimer!) I am a practicing attorney but I am licensed in NY. I'm gonna give you a quick and easy answer to your question but please keep in mind that I'm beholden to legal ethics and am probably not licensed in your state, therefore, this is not intended as "legal" advice (and therefore Ironically, the breeders on the board are more free than I am to give you all the details on the law!). The BEST commonsense advice I can give you, which is the advice I ALWAYS give when a legal question comes up on the board, is to seek out the advice of an attorney near you to find out what the local law is in your area. A great reference book to have is “Nolo’s Dog Law.” There are “boiler plate” contracts out there too which a good attorney can tweak for your jurisdiction and particular purposes. That said - here's a quick and easy, "broad strokes" answer to your question which you can then go ahead and apply more specifically with the direction of the breeders on this board and a local attorney: A contract is a contract. If you were selling sprockets instead of puppies, you, as the seller of your "product" are the "Master of your bargain.” You can draft out your contract according to the terms you think are reasonable, you can negotiate with the other party, and as long as both parties can negotiate freely and have the capacity to do so (for example, special rules apply to children and mentally ill), you can put terms into a contract to protect your interests, which in this case means, to protect the dogs you are selling. You don’t need to be a “Breeder” to get the right to do that. You just need to be selling something that you have a legal right to be selling and drafting a contract with another party who is able to negotiate with you and to be advised of his or her legal rights and the subject matter of the contract must be a legal transaction (a contract for an illegal action, such as selling illegal drugs, would not be enforceable). I hope this “broad strokes” answer is clear, otherwise, I call on the help of the breeders!!!! Ha. Last edited by yorkipower; 04-13-2005 at 12:44 PM.