Contracts

[gemy]

Originally Posted by KazzyK810

That is ridiculous!

How detailed is this contract? Does it clearly state who is responsible for the medical bills resulting from the pregnancy? What about if an emergency c-section is required, who is the responsible party? What if you lose your girl to this pregnancy, how are you recompensed? If any on-going medical issue results from the pregnancy who is responsible for continuing treatment? Unless all these things are clearly detailed, even a mediocre lawyer could break this "contract".

I'm assuming with such desirable lines this girl is AKC CKC registered? In whose name is she registered? Do you own her outright or is she dually owned between you and the breeder?

I just posted something similar. But at least she has a contract that should show she engaged in a "buy/sell" agreement, now hopefully she did get her registration papers - it is mandatory for CKC member breeders to provide the documentation at time of sale. If she does not have them and this breeder is a CKC member she can issue a formal complaint with the CKC about this breeder.

If she is co-owned on the registration paperwork and should their be difficulty in switching over to the single owner, she will have some legal paperwork and her vets report to substantiate her story.

[gemy]

Code of Practice for CKC Member Breeders

I.Purpose

This Code of Practice shall apply to all breeders who are members of The Canadian Kennel Club.Its purpose shall be to provide breeders with a set of mandatory standards and requirements relating to the proper maintenance, breeding, selling and overall protection of their chosen breed(s).

It shall be the aim of every breeder to breed dogs that are healthy and sound in both mind and body, to ensure that the dogs are true to their heritage and that they meet the requirements of the CKC Breed Standards.

It shall also be the responsibility of every breeder to adhere at all times to proper and ethical business practices when buying, breeding, selling and placing their dogs.


II.Breeding Principles

The breeding of dogs is a serious responsibility; therefore, the decision to breed should never be taken lightly.To this end, every breeder, or prospective breeder, must be willing to embrace the following general principles:
Be prepared to make a serious commitment of both time and financial resources in order to ensure that a proper breeding program can be carried out.
Be prepared to provide for the well being of the dogs, both while in your care as well as in the ultimate placement of the dogs.
Be prepared to work hard to preserve and maintain the breed for future generations through the judicious selection of breeding stock.
Be prepared to share knowledge that is gained through experience with fellow breeders, particularly those who are novices.
III.General Responsibilities

The following are a set of general responsibilities that shall be understood and accepted by all CKC member breeders:
Every breeder shall be conversant with and fully adhere to the By-laws, rules, regulations, policies and procedures of CKC, as well as the requirements of the Animal Pedigree Act (APA).
All litters and all dogs in each litter shall be registered with the CKC.Litter registrations shall be forwarded to CKC as soon as is reasonably possible after the birth of the dogs.Upon the sale of each dog from any litter, breeders shall transfer ownership and register each dog in the name of the purchaser in accordance with stated requirements. *** Note Animal Pedigree Act
At all times the dogs shall be provided with proper housing, nutrition, health care and necessary exercise.
Every breeder shall make a conscientious effort to learn about structure, movement and behavior, understand and stay current with inherited traits, congenital and hereditary health problems related to their breed, and to have a basic knowledge of health care and first aid.
Breeders are encouraged to regularly test for health and genetic problems and are encouraged to openly share the results of all such testing that is undertaken. They should also follow recommended protocols for the control of genetic disease.
Every breeder shall maintain current and accurate records pertaining to their breeding program, the particulars of all dog registrations and all sales transactions.
No breeder shall sell or donate dogs for the purpose of their being auctioned, raffled or to pet stores.
IV.Breeding Practices

In order to attain the goal of producing quality dogs that are healthy and sound in both mind and body, a breeder must give priority to the following:
Select breeding stock that conforms to the approved CKC Breed Standard to the highest possible degree.
Use dogs that are known to be of sound health and stable temperament.
Choose both a sire and dam that have reached such maturity that they can produce and raise a healthy litter.
Assure that all breeding documents and registrations are available for inspection and completely in order.
As the owner of a stud dog, ensure that the owner of the dam has the ability and the necessary facilities to successfully whelp, raise and assure the future well being of any resulting litter.
As the owner of the dam, ensure that the owner of the sire has the knowledge and experience to provide a safe and proper mating, including the diligent care of the dam.
V.Selling Practices

All breeders have a serious responsibility when selling dogs to purchasers, whether they are fellow breeders or members of the general public.In order to fulfill this responsibility and without limiting the specifics of the The By-laws, rules, regulations, policies and procedures and the Animal Pedigree Act, all CKC breeders shall adhere to the following general sales practices:
Dogs must never be sold on a “with or without papers” basis. As noted in Section III. (b) above, all dogs must be registered with CKC.
In accordance with The By-laws, the breeder is responsible for the submission of and payment for all registration applications.Such costs may be included in the price of the dog.Under no circumstances shall the buyer be asked to submit or pay for any applications to register or transfer the ownership of a dog.
All dogs must be uniquely and permanently identified with an approved Canadian Standard microchip transponder or a tattoo, prior to leaving the breeder’s premises.
Potential purchasers of dogs shall be reasonably screened for their suitability and capability to own and meet the needs of the particular breed.The concept of a dog being a lifetime commitment should always be reinforced with the purchaser.
Breeders shall represent their dogs to prospective purchasers with honesty and integrity.
Breeders shall commit themselves to assisting novice dog owners in understanding the breed.They shall also encourage new dog owners to become involved in the activities of the sport of purebred dogs and inform them about the values in becoming a member of CKC.
Breeders shall provide a written sales agreement containing the name of the purchaser, the date of sale, a statement confirming that the dog is purebred, the name of the breed and the dog’s unique identification number.In addition, all terms and conditions of the sale, including a return or replacement policy, shall be clearly defined.The agreement shall be properly dated and signed by all parties.
Breeders shall provide the purchaser with a reasonable written guarantee that protects the dog, the purchaser and the seller.
Regardless of age, spaying or neutering of all dogs sold as companions should be actively encouraged.
Purchasers should be provided with copies of all relevant documentation, including such things as CKC registration documentation, copies of non-breeding agreements, completed sales agreements, guarantees, health and vaccination records, and a set of instructions on the care, training and diet for the dog

Animal Pedigree Act allows a timeframe of 6months - however as a CKC breeder member you would be expected to adhere to the CKC policy procedure.

[Yorkiemom1]

Excellent news! If the breeder was worth the sweat on her brow, there is no way she would ever want to even contimplate breeding a pup that small, let alone that young.....failure to complete the contract with a notary seems rather amaturish.Hopefully, you are not a co-owner on this dog....that will simplify the process and enlargen the loop hole!

[gemy]

Originally Posted by Yorkiemom1

Excellent news! If the breeder was worth the sweat on her brow, there is no way she would ever want to even contimplate breeding a pup that small, let alone that young.....failure to complete the contract with a notary seems rather amaturish.Hopefully, you are not a co-owner on this dog....that will simplify the process and enlargen the loop hole!

I agree and hopefully a lesson to be learned from this. Even my breeder from Russia sent me my contract with her in English!

Read your contracts before you sign on the dotted line.

I do wonder though with the language barrier if the breeder knew how tiny this dog was? Maybe she thought trois lbs was actual trois kilograms. That would make a big difference 3 lbs versus almost 7lbs.

[Lolasmom1211]

Just my 2 cents and I am certainly no lawyer...I would be VERY surprised if the breeder would pursue a lawsuit in this case. I don't know how lawsuits work in Canada, but to hire an attorney, file a lawsuit, have it go through the courts in the US would be such a costly and time consuming process, I would be shocked that someone would actually do this. What I'd personally do is wait this breeder out and see if she actually did file anything before I spent any money defending a lawsuit that may never even occur. Most attorneys that I am familiar with would laugh at even taking a case such as this. This is only my opinion - good luck!

[gemy]

Originally Posted by Lolasmom1211

Just my 2 cents and I am certainly no lawyer...I would be VERY surprised if the breeder would pursue a lawsuit in this case. I don't know how lawsuits work in Canada, but to hire an attorney, file a lawsuit, have it go through the courts in the US would be such a costly and time consuming process, I would be shocked that someone would actually do this. What I'd personally do is wait this breeder out and see if she actually did file anything before I spent any money defending a lawsuit that may never even occur. Most attorneys that I am familiar with would laugh at even taking a case such as this. This is only my opinion - good luck!

I don't think they are talking about a lawsuit, just ensuring that they won't have to breed their gal.

[Lovetodream88]

Originally Posted by Chewy-Kanata

Ok so... we saw the lawyer yesterday. A nice chap who is fluent in french and English. We also spoke to our vet who advised we wait till second heat before doing anything. But cause of our little girls size would say she would not recommend it. Chewy is small just over 3lbs. The lawyer said alot. But the biggest thing is he think he can get her on the fact that the contract was never formalized ( notarized on either copies despite a spot for it) and that the information is quite unclear as the contract says If the breeder wishes to have a litter it is at her discretion provided it does not endanger the female. So between my vet saying NO too small to young and that the contract was never witnessed we think she will back down. The lawyer told us that this happens oven that. breeders says that they wont ask for breeding rights but then come back and demand them. Feeling far more positive, and that our vet says this si not a good thing for our baby.
I guess we will have to find another breeder to get a sibling for Chewy. Anyone have recommendations for CKC or AKC breeder in Ontario, NY, MA, or NH. We will fly to a good breeder should we need too. But would prefer close to home..

I would wait until you get her spayed to get another.

[Lolasmom1211]

Originally Posted by gemy

I don't think they are talking about a lawsuit, just ensuring that they won't have to breed their gal.

To enforce the contract, you'd have to file a lawsuit.

[gemy]

Originally Posted by Lolasmom1211

To enforce the contract, you'd have to file a lawsuit.

Okay but I think that relationships have not broken down completely and a formal letter from a lawyer may serve to have the breeder agree with the purchaser and not try to enforce the breeding provision of said contract.

\plus I thought this would be seen to in small claims court, under $10,000 cases can be seen there.

** shrugs not a lawyer either **

[suda]

How horrible for you,fight for you baby girl all the way, between your vet and lawyer it sounds like it will be ok. If I was in that situation it would be over my dead body, but they'd have to find us first. My Hubby said tell her to go take a jump and that was putting it nicely.

[Lolasmom1211]

Originally Posted by gemy

Okay but I think that relationships have not broken down completely and a formal letter from a lawyer may serve to have the breeder agree with the purchaser and not try to enforce the breeding provision of said contract.

plus I thought this would be seen to in small claims court, under $10,000 cases can be seen there.

** shrugs not a lawyer either **

I agree with you...it's just been my experience in the past that most people try to intimidate and when they see they can't or when they are told "No", they usually move on without incident. My point was only to try to save the OP the initial attorney's fees by telling her to wait and see. In order to enforce the contract they would have to file and go through the court system - I would be surprised if the breeder would take it that far. But what do I know - I'm no breeder either!

[dalilu]

Great news! I knew the vet's opinion would be of great help! Enjoy your baby, I'm sure they will not try to enforce contract after knowing about the vet and the legality of the contract.