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Breeder contract.

Steve82

By Steve82,
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Steve82

Steve82

Posted
Posted (edited)

I recently baought my Amstaff puppy from a breeder. There was no talk of a contract before i started paying her off but once i had almost finished paying for her i get blidsided by a contract with things in  it i find to be unreasonable. The breeder wants me to stay in contact with her for the life of my dog and want to be able to visit her along with other things. My wife felt that we had no choice but to sign this ridiculous contract or lose our money $3500. Now the breeder is trying to enforce this contract by trying to arrange a check up visit and i don't want her at my house. 

Where do i stand?

Edited by Steve82
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_PL_

_PL_

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Was the contract drawn up by a lawyer?

 

Most aren't. They are written, unenforceable agreements between two parties.

Is the puppy microchipped in your name yet? That would be my only concern, not that she can come and take the pup anyway.

As a buyer, in most states there's a time limit for the seller to get it done. No idea about ANKC papers being held back?

 

She should have done the home check before parting with the puppy if it was that concerning. :shrug: Odd.

 

Not sure about Qld but property laws often cover dogs .... if she sold you a car she couldn't expect to come visit it. 

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~Anne~

~Anne~

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Tear the 'contract' up and ignore it. It isn't legally enforceable. NO-ONE but those who have power of authority, can enter your home or enforce such a request.

 

Explain to her that you do not want her to contact you. Do not respond to her calls or emails except to clearly state you do not want contact. Then block her number and email. If she persists, seek a restraining order through the local courts.

 

 

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_PL_

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1 minute ago, ~Anne~ said:

Tear the 'contract' up and ignore it. It isn't legally enforceable. NO-ONE but those who have power of authority, can enter your home or enforce such a request.

 

Explain to her that you do not want her to contact you. Do not respond to her calls or emails except to clearly state you do not want contact. Then block her number and email. If she persists, seek a restraining order through the local courts.

 

 


:clap: Totally agree. 

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_PL_

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2 minutes ago, ~Anne~ said:

If they sold the pups as registered pedigree with papers, then the buyer has to get what they purchased. Its a commercial transaction. It would go to small claims I think. They could potentially claim a part refund as well.

 

That makes sense! :) 

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Rebanne

Rebanne

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As a breeder I would be sad not to at least receive an occasional email letting me know how the pup/dog was going. But it's not something I'd put in a contract. Same with visiting. I'd ask if we could have a meet up if I was in their neck of the woods, wouldn't care if it was at a park, not their home. But again not in a contract. But it is helpful to see how dogs turned out. My youngest litter is 5. And the 2 I sold are in different states so I'd only see them if I happened to be on holidays 

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ellz

ellz

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If you didn’t agree to the terms of the agreement prior to purchase, then the breeder legally cannot enforce it.

 

A puppy sale is like any other sale. Offer, acceptance and consideration. A contract cannot be introduced or implied after the event.

 

I have been through a situation like this personally and the breeder, despite all of their efforts, bullying and getting friends in high places to do somewhat illegal things, didn’t win.

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  • 1 month later...
coneye

coneye

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Bit of a double edged sword really is'nt it ,, i  bought a shepard from a breeder , and a staffy from a breeder , well other dogs has well from breeders , but i mention these two because both of them breeders  on pick up asked if they could contact me later  to see how the dogs were doing ,, i was actually pleased with that , to me it just sort of reiforced that i had chose the right dog from the right breeder they cared about there dogs ,,,,

However   i don't think i would of agreed if they demanded it , the staffy breeder did actually follow it up  but then asked me to show him and stud him ,  i said no  i was'nt interested in showing ,  and i was'nt bothered about giving him a tate then taking it away  just for a couple of dollars ,,,  she jokingly said i should of kept him he turned out the best ,, but don't think deep down she was joking LOL

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  • 2 months later...
ellz

ellz

Posted
Posted
On 16/9/2022 at 9:57 AM, Powerlegs said:

An extra question. :) Can ankc papers be held back if this breeder doesn't get what they want? 

Short answer is NO.

 

Registration papers belong to the controlling body and are required to go with the dog.

 

If the papers aren’t handed to the new owner, they should contact the controlling body in writing with the facts so that the situation can be followed up on.

 

Most states have a 7-14 day limit for the papers to be handed over and the breeder can be brought in front of the judiciary for not doing so.

 

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