When Buyers Break Contract

[Ringo1]

I know this thread has taken a different turn ~ but it got me curious ~ what recourse do breeders have if their buyers DO break the contract?

I signed a contract as well that indicates I would return Lucy to the breeder. Let's say I rehomed her with a different party (I won't be doing that BTW!) . . does the breeder have any legal recourse?

I saw that many of you would be angry, as would I, but are there steps you could/would take to get the puppy back into your possession?

Just curious as to how strong/enforceable these contracts are.

NOT that I plan on breaking it . . . but my legal bent wants to know.

[beecee]

Originally Posted by gemy

A breeder should make the effort to find out about any health concerns of their breedings over the life time of that puppy. It is their responsibility to keep current on the health of the lines they have bred.

Many puppy/dog owners don't even realize that some genetic flaws can show up as late as 5 or even 7 years old. Like for example PRA. And they don't understand the importance of letting the breeder know.

There are different expectations and requirements for a large working breed, built and bred to guard and defend, then there is for a toy breed.

It is just one of the areas of conversation a buyer will have with the breeder.

And some one posted in their Schauzer contract about if their dog gets fat, I have a similar requirement from my Yorkie breeder. It is a tad more expansive in that the dog must be kept in good overall condition. And there are more conditions as well.

That's a huge reason why I would like the breeder to keep better contact with me. Right now I feel as if she is relying on me to provide health information. What if I got the puppy and it had kennel cough or parvo...or anything else? She hasn't even asked if he is still alive....kinda sad.

I sent her a picture the other day. She did reply saying how happy he looked but she didn't ask any other questions. Interesting.

[KazzyK810]

Originally Posted by Ringo1

I know this thread has taken a different turn ~ but it got me curious ~ what recourse do breeders have if their buyers DO break the contract?

I signed a contract as well that indicates I would return Lucy to the breeder. Let's say I rehomed her with a different party (I won't be doing that BTW!) . . does the breeder have any legal recourse?

I saw that many of you would be angry, as would I, but are there steps you could/would take to get the puppy back into your possession?

Just curious as to how strong/enforceable these contracts are.

NOT that I plan on breaking it . . . but my legal bent wants to know.

Of course, depends on what State/Country you reside in...

That you have to ask, shows your breeder has a kinda shoddy contract. The breeder's recourse should you fail to return the dog to her and rehome elsewhere, should be clearly defined in the contract.

Legally, yes the breeder would have recourse even if not specified, but what recourse would be as the discretion of the Court if the contract doesn't clearly state what it is. In other words, I poorly written contract can end up costing the breeder more in legal fees than what he/she would recoup.

[gemy]

Originally Posted by beecee

That's a huge reason why I would like the breeder to keep better contact with me. Right now I feel as if she is relying on me to provide health information. What if I got the puppy and it had kennel cough or parvo...or anything else? She hasn't even asked if he is still alive....kinda sad.

I sent her a picture the other day. She did reply saying how happy he looked but she didn't ask any other questions. Interesting.

Well look on the bright side. First she acknowledged receipt of your photo. And then she commented on how happy he looked. I don't know your breeder, maybe she is new to breeding, or an old hat with breeding.

If this is of concern to you. Her attitude etc. Then why not write an email or call her. First though figure out what you want from this interaction.

Now I'm going to make a whole lot of assumptions here. Kind of look at this like it is a fiction scenario.

Hi so and so,

I'm so glad you thought he looked happy. He is such a warm and loving and yes Happy boy! I know that part of his temperament that I so enjoy, is what you have bred for. I do so thank you for him.

I was kind of surprised that you haven't contacted me yet, to see how my dog is doing.

Please let me know, what you would like me to inform you of, and I will insure that happens.

Best Regards.

[KazzyK810]

*** Wanted to add...

Remember that the Breeder's Sales Contract is also your purchase contract. While many breeder's will slap it down in front of you and expect you to sign it as is, it is an agreement between the both of you and it may be modified to better suit both parties. It should protect you, the purchaser, just as fully as it protects the breeder. I've never signed a breeder's contract "as is".

[beecee]

You're right. I'm not angry just kinda sad and disappointed. I was expecting more but then again I have always been one to have high expectations.

I still do respect her as a breeder, her pups seem healthy and my research shows that she has been breeding in the valley for many years.

I may even get another from her and when/if I do I'm going to address the "contract" she had me sign and my observations of how she follows through.

Maybe she doesn't want to be intrusive like others have sad.

[Ringo1]

[QUOTE=KazzyK810;3780124]Of course, depends on what State/Country you reside in...

That you have to ask, shows your breeder has a kinda shoddy contract. The breeder's recourse should you fail to return the dog to her and rehome elsewhere, should be clearly defined in the contract.

Legally, yes the breeder would have recourse even if not specified, but what recourse would be as the discretion of the Court if the contract doesn't clearly state what it is. In other words, I poorly written contract can end up costing the breeder more in legal fees than what he/she would recoup.[/QUOTE]

That's exactly what I was thinking. Of course, Lucy is my forever girl and she is going nowhere but I've never seen one of these enforced so I was just curious. I haven't even looked at the contract for 2 years so I can't say exactly how it reads.

I work with lots of attorneys and I can't think of many who would take such a case. Guessing these would end up in magistrate court.