Mick Edwards is a retired contract lawyer and the former Head of International Corporate Commercial Group, Dawsons Solicitors, Lincoln's Inn London, WC2A 3RH. he was asked to write a little somthing about the situation breeders are in when selling dogs . The Kennel Club redcommend a contract and full disclosure.
WHY BOTHER WITH A WRITTEN CONTRACT?
For very understandable reasons most people are worried by legal documents.
If you are in the habit of breeding and selling puppies then you should protect yourself from people making legal claims against you. Defending such claims, even if they have no basis, is expensive and stressful. A written contract which clearly sets out the terms of a deal does not "con" the buyer but can save you a lot of grief!
Consider the following points:
1. As you are the breeder the law will consider you an "expert" on the subject compared to the buyer.
2. You therefore have an obligation to the buyer to fairly and reasonably tell him all about the dog - its pedigree, medical history, and any problems.
3. You should also inform the buyer of any medical conditions by which the particular breed might be affected.
4. You should advise the buyer on the basics of feeding and looking after the dog (worming, vaccinations, etc)
At this point you may say to yourself that you do all that anyway - but if you just do it verbally then, if it comes to court, it would be a case of your word against his. This is just a gamble and because you are the breeder, and therefore an "expert" the court may well lean in favour of the buyer.
Courts love written evidence and a contract signed by you and the buyer will be given great weight by the court.
In short a written contract can save you a lot of trouble.
Obviously a solicitor could draw up a contract for your use and this is no doubt the best course.
In my view a solicitor preparing such a contract would include the following points; (and possibly many others!)
(a) The names and addresses of the buyer and seller.
(b) Details of the dog - name, KC number, microchip number and date of birth.
(c) The date.
(d) The price.
(e) A statement that the breeder is not guaranteeing the suitability of the dog for any particular purpose.
(f) Confirmation that the buyer has received an information sheet giving details of suggested diet for the dog, worming, vaccinations and any other advice on care of the animal.
(g) Confirmation that the buyer has received an information sheet on any diseases that are particular to the breed and that you are not giving veterinary advice.
(h) Confirmation that the buyer has received originals or copies, as appropriate, of any medical tests, vaccinations etc done on the dog.
(i) A statement that the buyer has read the contract before signing it and is advised to obtain his own vet's advice before signing the contract if he has any doubts about the dog.
(j) Confirmation that the buyer is happy with the dog.
A contract like this should make you much safer from a buyer making a claim, unless of course you make silly remarks like "its guaranteed to be a show champion". A written contract will not protect you if someone can prove that you misrepresented matters regarding the dog.
DISCLAIMER
This article is written for information and discussion purposes only, and is not tendered as legal advice. The writer cannot accept any liability arising from actions taken by any party following perusal of this article. Any person considering drafting a contract for any purpose should take legal advice.