Appendix 9 Breeder Agreement for Pet-quality Dog

• Library: Pet Law & Custody: Establishing a Worthy & Equitable Jurisprudence for the Evolving Family (ABA) (2017 Ed.)

Appendix 9 Breeder Agreement for Pet-Quality Dog

It is important for lawyers representing clients to be familiar with breeder contracts and to anticipate legal problems that may arise because of them. It is also important to know whether the breeder is reputable and knows each dog individually, or if the breeder is a large confinement breeder whose interest in a dog is mostly financial. Below is a sample breeder agreement.

AGREEMENT¹

This Agreement is between ___, who resides at___ (hereinafter referred to as "Seller"), and ___, who resides at ___ (hereinafter referred to as "Buyer"), concerning a dog born on___, (hereinafter referred to as "Dog.") The Dog is further described as follows:___and a photograph is attached hereto.

Payment Terms

1) The Seller hereby sells the Dog to the Buyer as a pet/companion for the total sum of $___, including the deposit of $___paid on ___. The total sum paid is hereinafter referred to as "Purchase Price."

Warranties

2) The Seller warrants that the Dog is fit for the particular purpose of being a companion animal.

3) The Seller warrants that the Dog is of merchantable quality.

4) The Seller does not warrant the Dog for obedience training, agility training, therapy training, show ring performances, or breeding purposes.

Seller's Representations

5) Pertinent information regarding the Dog's lineage is as follows:

SIRE:	DAM:
AKC #:	AKC #:
CHIC #:	CHIC #:
OFA—Hips:	OFA—Hips:
OFA—Elbows:	OFA—Elbows:
Patellas:	Patellas:
Eyes:	Eyes:
BAER:	BAER:
Cardiac:	Cardiac:
Legg-Calve-Perthes:	Legg-Calve-Perthes:

6) The Seller has made an effort to reduce the risk that the Dog would have certain congenital defects, as reflected in the information about the Sire and Dam provided above.

7) The Dog is a result of the Seller's breeding program that strives to improve the health and wellness of the breed of this Dog.

8) The Dog is a pet-quality dog and not a show dog.

9) The Dog is of sound health and temperament at the time of delivery.

10) The Seller has all right, title, and interest in the Dog, and is the Dog's sole legal owner.

11) The Dog is not subject to any lien, security interest, or encumbrance.

12) The Seller does not co-own the Dog with any other person or entity.²

13) A licensed veterinarian has examined the Dog, and the Dog's veterinary records and/or health certificate are attached hereto.

14) If the Dog suffers from a bacterial or viral infection at the time of the Dog's first veterinary examination while in the Buyer's possession, and the Buyer prefers to keep the Dog, the Buyer shall pay limited and reasonable veterinary charges to treat the bacterial or viral infection. Upon providing the Seller with the applicable test and veterinary records, the Seller will reimburse the Buyer for veterinary costs not to exceed One Thousand Dollars and No Cents ($1,000.00). This offer by the Seller is null and void if the Buyer does not take the Dog in for a comprehensive examination by a licensed veterinarian within three (3) business days following the Buyer's possession of the Dog and provide proof thereof.

15) If the Dog suffers from a bacterial or viral infection at the time of the Dog's first veterinary examination while in the Buyer's possession, and proof thereof is provided, and the Buyer prefers to return the Dog to the Seller, the Buyer shall receive a full refund. This offer by the Seller is null and void if the Buyer does not take the Dog in for a comprehensive examination by a licensed veterinarian within three (3) business days following the Buyer's possession of the Dog and provide proof thereof.

16) The Dog has received parvo inoculations, has been de-wormed, and has received other vaccinations appropriate for the Dog's age.

17) The Seller will cooperate with the Buyer so that the Dog may have a limited AKC registration.

18) The Seller will cooperate with answering the Buyer's reasonable questions about the Dog and the Dog's breed.

19) The Seller recommends that the Buyer provide the Dog with puppy and adult training and obedience classes and other structured training methods so that the placement of the Dog in the Buyer's home will be successful.

20) In the event that the Seller's veterinarian writes a credible written report that the Dog has one of the following congenital defects:___, and said defect is identified by a licensed veterinarian on or before the time the Dog reaches one (1) year of age, the Seller shall pay the Buyer no more than the Purchase Price of the Dog upon the transfer of possession, together with all right, title, and interest, as well as limited AKC registration...