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A question for breeders When you have sold a puppy and for some reason the new parents can't keep the puppy, do you refund the money and if so how do you figure out how much to give back at different ages? Say, if they find out within two months, how much do you give back? And if your contract says you have first refusal and the dog is a year or older, how much do you give back? Also, why the difference in a one year genetic guarantee and a three year guarantee? |
I'm not a breeder but the breeder who I got Piper from states specifically in her sales agreement that... Breeder/Seller assumes no responsibility for the puppy after leaving the premises; medical expenses, landlord’s disapproval, allergy to animals, disagreement of family, or for any other reason, other than stated... The stated part refers to her health guarantee laid out in another part of the sales agreement, which the guarantee is good for 3 months after the purchase. Now for my Chi, I have a lifetime warranty from her breeder and he would break it down into percentages depending on how old the dog is when diagnosed. Like from 1-3 yrs. it's like 80% off the purchase price of another dog, 3-5 yrs. it drops to a lower percentage and so on (I'd have to look at my paperwork for specifics). Neither breeder would refund any money if I wasn't able to keep my dogs for any reason. They would take them back, for free of course, and attempt to find them another home but I wouldn't be reimbursed any monies for something the breeder isn't responsible for. Around here it's not the norm to return money if the person has a problem in keeping the dog. Not sure how it is with other breeders elsewhere. Good luck to you!! |
My contract allows for a one week return with full refund for any reason other than injuring resulting from negligence or abuse. I figure a week is enough time to have a vet check done, find out if your other pets are going to get along with the new pup or just get over the idea of the pup and deal with the reality. If it's not everything they dreamed about, bring it back, no harm, no foul, no problem. The lifetime return policy does not have any financial obligation on my part to the pet owners, since I cannot predict what kind of expenses I may have to incur on behalf of the welfare of the dog when returned to me. It must be returned to me if not kept as an integral member of it's adoptive family for the extent of it's life. The health guarantee against any genetic defects is limited to the price paid for the pup. |
OOps, forgot...my health guarantee against genetic defects is for one year, because many of those problems do not show up in a younger pup. |
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Sylvan~ Have you ever had a pup returned? If so , what were the circumstances? If it is returned and you are able to sell it, do you then compensate the original purchasers? To me it would be similar to returning anything else and if the seller can make a profit from a second sale, they should split the profit (anything left over after espenses i.e. running an ad, vet bills, food, care, etc). Otherwise they are unfairly profiting from the transaction in my opinion. Not sure what a judge would say. |
Kim, I think most breeders find free homes when the pups are returned. |
Stacy, that is similiar to most of the agreements I have seen. Has anyone else signed a contract saying you are to notify the seller of the situation with the puppy? What did it say about the return?? Refund? Replace? Simple return to the person who is responsible for every Yorkie life they have produced? |
Rini, do you have one like that? If so could I get a copy of one of your contracts too? I am trying to make up a contract that will protect me, and the new parents as well as the puppy for his/her life. How can you enforce a contract rule(wrong word, I hope you know what I mean)? If I say in my contract that they are to be the only owners and if they need to let the dog go for any reason, it is to be returned to me for rehoming, how can I know what they are or are not doing with him/her? |
Okay, no it doesn't say no harm,no foul...I was explaining why I feel that one week full refund is reasonable instead of the three days required by law. I will be happy to provide a copy of my contract to anyone, and Kim if you would be willing to offer free legal advice to make improvements to it I would be nothing but grateful. To answer your question, yes, I did have a dog returned to my care that was 1 1/2. The situation was a divorce in the family with some other extenuating circumstances and I did not refund any money to them. I vetted the dog and spent two weeks re- training the dog, before placing it for free in a worthy adoptive home, where it still resides. |
Sylvan, what is vetted? I hope it doesn't mean you took her to be checked out by the vet, otherwise I'm going to sound pretty dumb. Also does your contract sound like it was written by a lawyer? I like to be able to understand what is being said without having to plow thru things. |
The items to be included in your contract have to be specific to your state. There are some states with lemon laws, some states that say a take-back policy is unenforceable and so on. Okey-dokey, here is MY (this is the opinion by the writer and in no way intended to represent the views of the adm or any members on this forum!) philosophy. IF, and that is a very BIG IF, you do not include such clauses in your agreement-read and SIGNED by both parties- there is a 100% chance you cannot enforce the return policy. Included with these provisions you stand a 50% chance of enforcing it. You can also write in, that failure to abide by any and all of the terms as set forth, the buyer may forfeit a set sum OR pay court costs of the seller in any endeavors to correct the situation no matter the outcome in the court..You wil be amazed at what is and what is not enforceable.. |
Vetted does mean taken to the vet, sorry...and I gotta laugh a little. I pm'd you a copy of it. I think it's pretty straightforward. |
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Yup, I now officially feel dumb. LOL Thanks for a copy of your contract, I've printed it out and will read it over. |
I can't stop giggling... that is so cute. I am laughing with you not at you, I promise. |
I know, sometimes I really put my foot in my mouth. I think I enjoy the taste. LOL Do you make exceptions to the seller notifying you if it's over the weekend? |
Are your puppies sold on a limited registration? If not how do you KNOW if they are being bred or not? How do you know if a puppy dies if the owners don't contact you? Is there anyway to find out? I'm not being judgemental or anything here but why would you put the nix to having the puppy/dog put to sleep? |
I would probably make an exception, depending on the circumstances, I'm not unreasonable, but I do want to know asap if there is problem with a pup. YES LIMITED registration, otherwise I figure I am also responsible for all the dogs those pups produce and so on. I do not release the AKC registration forms to them UNTIL I get a copy of the vet certification of spay/neuter. If they don't let me know about the pup dying, then I haven't done a great job screening the people and keeping in touch with them. This hasn't happened yet (that I know of...)but, I figure you can only do the best you can, some things are impossible to enforce. As far as the euthanasia goes, I would just like to have a chance at some imput/making sure that a second opinion wouldn't necessitate a different outcome and that was the only option. |
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She made it very clear to me verbally that I could not sell or give him away to anyone at any time and she had 1st rights to him if a day were to come that I couldnt keep him any longer. He is my :littleang and I wouldnt dream of ever giving him back for any reason so I packed that contract away and never read it again. |
Jenette: most of the breeders contracts don't promise any money back, wouldn't you feel, I don't know, maybe cheated if you had your puppy for a few months and couldn't keep him and couldn't get any money back? I am having a hard time with this part because I just can't ever see giving one of mine up. I just couldn't do it. If I couldn't support them I don't know what I would do. I just couldn't give one or any of them up. Please anyone reading this, I am not putting anyone down for giving up their babies, never would I do that. Everyone's circumstances are different and the way one person experiences a situation is not the same as the next person. I'm just trying to get a feel for both sides of the situations in a contract. |
I too would like a copy of the contract I have a litter of puppies I am selling and was just going to type something up from my purchases. Thank You, Linda |
Linda, I pm'd you a copy. Hope you find it useful. |
pups I have taken back three pups as I recall within the first month to 3 months and sold them for the owner. Actually, I do not take the pup back into my home..I find a new home and the new owner pays the sellers asking price. I will take back an adult of any age, but I do not pay anything for it..I spay/neuter if needed and find a pet home for it. |
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