Puppy Contracts: Five Reputable Breeders Share Their Views

What provisions of a puppy contract do breeders consider essential to protect the canine and the human parties?  Four longtime reputable Labrador Retriever breeders recently discussed their carefully worded contracts which have been refined over the years. A fifth reputable longtime breeder doesn’t offer a contract but instead provides her buyers with a fifteen-page “puppy cookbook.”

Many of the one page to a page and a half contracts contain similar provisions and, in some instances, identical language. All of the breeders believe their contract, additional materials, or “puppy cookbook” give new owners critical information about the care of their new family member and protect the puppy as much as possible.

All of these breeders produce versatile Labradors that are all-around family dogs that may work as therapy, search and rescue, hunting, or performance event canines or are shown in the conformation ring. They all agree that their contracts or puppy cookbook are all about protecting their dogs.

“I want success for my puppies,” says Cindy Freeman, who has bred her Quail Run Labradors (Rochester, WA) for about thirty-five years.

“Contracts help prevent problems in most cases,” adds Janis Grannemann, a fifty-year breeder of JanRod Labradors (Lantana, TX) and an American Kennel Club (AKC) conformation judge. “I always think of the dogs.”

How did these breeders decide what provisions to include in their contracts?

Sherry Anderson, an AKC conformation judge who has bred her Sher-Mi Labradors (Enid, OK) for the past thirty years, says she did her homework and listened to other breeders before deciding what provisions to include. She’s changed a few minor provisions over the years based on her experiences. But she’s also eliminated any guarantee relating to hip and elbows soundness because there isn’t a genetic test to determine if dogs have polygenetic (multiple) traits of hip and elbow dysplasia.

Grannemann says she developed her contract after attending contract seminars put on by kennel clubs at dog shows and learned as she went.

Lisa Nordstog, formerly Butler, who has bred her Snowberry Labradors (Belton, MO) for the past thirty years, drafted contracts for oil companies for years. She believes shorter is better and harder to legally challenge. She’s refined her one-page contract over the years.

Susan Willumsen, also an AKC conformation judge and who has bred her Willcare Labradors (Kingston, NH) for forty years, doesn’t think a contract is “worth the paper that it is written on.” Instead of a written contract, she uses a fifteen-page puppy book which includes:

• an extensive Health Record that sets forth the dog’s AKC registration and microchip numbers, vaccination information, laboratory result(s) for worming, heartworm test recommendation, feeding and grooming instructions, a host of other health information, and a pet insurance recommendation (FIGO)
• a sheet addressing the care of the puppy to assure good joint/bone healthiness as well as supplement information
• the book, Puppy Fitness by Jane Messineo Linquist
• one page “Puppy Do’s and Don’ts” to tack on the refrigerator
• what to acquire before the pup goes home and
• an explanation of a limited registration.

In addition to their written contracts, the four other breeders also provide much, if not most, of the above information in their puppy packets to buyers.

Here is a comparison of some key provisions in the breeders’ contracts:

LIMITED REGISTRATION

All of the breeders sell their puppies on an AKC limited registration except for Grannemann who only sells on a co-owner basis because she believes she has more control over what happens to the puppy.

Limited registration means any offspring produced and/or sired by the named dog cannot be registered with the AKC. The dog also cannot be shown in the conformation ring at AKC shows but can compete in other AKC events such as obedience, agility, rally, tracking, and hunt tests.

Freeman specifically states that the dog may not be used for breeding. If the dog is bred, the buyer breaches her contract and is subject to a $1,000 penalty. However, if the buyer wants to show the dog in an approved AKC event that requires a full registration, she and the buyer must mutually agree to change the limited registration to a full registration.

Nordstog’s contract clearly states whether the dogs are sold as pets, non-breeding animals, or as show prospects depending on the agreed-upon terms.

Anderson also addresses the situation when a buyer wants to show their new ward in AKC conformation. Then, she allows the dog to be sold on a full registration but the buyer must obtain genetic clearance certifications before breeding the dog. No reimbursement or replacement puppy will be given if the dog doesn’t pass these health clearances.

Grannemann’s co-ownership arrangement allows the co-owner to show the dog in the conformation ring but prohibits the canine from being bred unless specific conditions have been met, including obtaining health clearances from the Orthopedic Foundation of Animals (OFA) for hips and elbows, and certified eye clearances.

HEALTH GUARANTEES

The breeders agree that they can’t guarantee that a puppy’s hips or elbows won’t be dysplastic or will receive a passing OFA certification. However, they only breed dogs that have their OFA elbow and hip clearances.

“You can breed two dogs with excellent hips and normal elbows to each other and still produce some puppies with hip and/or elbow dysplasia,” says Nordstog.  It is generally accepted that hip and elbow dysplasia, as well as other issues falling under the broader topic of orthopedic soundness, are caused by polygenetic (multi-gene) traits, for which there currently is no test.  It is also generally accepted that orthopedic issues may develop because of injuries, excessive exercise, and improper weight on growing joints/bones, she says. Once puppies leave with their new owners, breeders can’t control these environmental factors, she adds.

Freeman’s contract states that if the health issue “is determined to be of a hereditary nature and the dog is determined to not be able to function in the capacity that it was originally acquired (i.e. show ring or performance events including hunt tests), the dog will be replaced by a puppy of equal value from the next upcoming litter.” The original dog may be kept upon proof of sterilization.

The breeders guarantee that the puppy or dog is in good health and free from disease (Anderson) or communicable diseases (Nordstog, Freeman, and Grannemann) at the time of sale. The latter three specifically provide that “No other guarantee is given, neither expressed or implied.”

Anderson’s contract allows a buyer to return his/her pup if a vet finds the dog is not in good health within forty-eight hours of leaving the breeder. Nordstog permits a pup to be returned within seventy-two hours if found to be in ill health by a licensed veterinarian.

Grannemann goes a step farther and permits a pup to be returned within three days for any reason, as long as the dog is in the same condition as when purchased. Similarly, Freeman allows new owners to return their canine within seven days for any reason.

All of these breeders provide a full refund if the aforementioned conditions are met.

REHOMING OR RESALE

Another common contract provision relates to rehoming or reselling the dog or puppy.

Nordstog requires buyers who decide to sell or otherwise dispose of the puppy, to give her the right of first refusal with terms equal to those offered to a prospective buyer or new owner. She prohibits the dog from being surrendered to any animal shelter or the equivalent at any time.

Anderson specifically prohibits the buyer from selling the dog or its offspring or giving it away to any pet shop, pet farm (puppy mill) or simply giving it away. She requires that she be given the first option of bringing the dog back to her at any time during its life. If the owner wants the dog to go to another home, Anderson must give written permission and waive her right to take the dog back.

Freeman requests that she be notified if the new owner can no longer keep the dog so that she can find him/her a new home.

For dogs/puppies that Grannemann transfers to full ownership from co-ownership, the former co-owner must agree that she will be notified if the owner wants to sell and give away the puppy and will be given the first option to buy the dog back at or below the original purchase price.

SPAY/NEUTER PROVISIONS

Anderson advises that owners should not neuter their males until they’re two years old and that they not spay females until after the first heat cycle. If they insist on neutering/spaying before then, she highly recommends not doing so until ten months for a female pup or at least a year for a male.

Freeman notes that early spaying or neutering may be detrimemtal to the health of dogs and thus voids any “guarantee of orthopedic issues” if the pup is neutered or spayed before one year of age.

Nordstog doesn’t address the timing of spaying/neutering but provides additional materials that cover the negative consequences of a spay/neuter before the age of eighteen months.

OTHER PROVISIONS

• Anderson, Freeman, and Grannemann all require the use of their kennel name as a prefix when the new owners register their pup with the AKC.
• Nordstog specifically provides that the buyer releases her from any liability for the acts of the puppy, noting that dogs are unpredictable. “Although Seller makes every effort to bred quality dogs, Seller cannot warrant the puppy’s ultimate temperament or show or hunting abilities.”
• Anderson specifically disclaims a warranty for hip and/or elbow dysplasia as well as tricuspid valve dysplasia (TVD) because, while all the dogs in her breeding program have OFA clear elbows and hips and are clear of TVD, she cannot control the polygenetic traits of these diseases. She can only make sure she breeds dogs that are clear themselves of those diseases.
• Two breeders recommend that their puppy buyers purchase pet insurance: Willumsen recommends FIGO and Freeman, Pets Best.

SCREENING OF BUYERS

The breeders agree that screening potential buyers is crucial for ensuring their puppies/adult dogs live in a happy, caring home. All say they’ve turned away many prospective buyers, sometimes following their gut reaction.

“We do our best to place puppies/dogs in the best homes,” says Willumsen. She gives them her phone number and email address and urges them to contact her if a problem arises and to listen to her.

Grannemann requires prospective buyers to fill out an application and then she wants to discuss the application with them. Only after completing those two steps, can the prospective buyer visit.

Anderson prefers that a prospective buyer email her so she can assess if the person took the time to research her and her puppies so she can decide if she wants to share her puppies with them. She then talks to the potential buyers on the phone. “I’ve never used a questionnaire. I learn more by talking to them.” Before she places a person on her puppy waiting list, they must read her contract and ask questions.

Freeman also prefers an email inquiry instead of a questionnaire. She then interviews the prospective buyer at length over the phone.

Willumsen attributes her success in selling her dogs without a contract to the vigilant screening of prospective buyers and careful explanation of her puppy cookbook instructions. She estimates that 85% of her clients now are repeat customers and the remaining sales come from word of mouth.

Nordstog doesn’t use a questionnaire but interviews prospective buyers and allows them only to visit the pups at five to seven weeks of age. If prospective buyers don’t visit, she believes they aren’t serious unless other factors, such as distance, scheduling problems, or family emergencies, prevented them from visiting. She says she only sells to serious puppy buyers.

All of these breeders, who so graciously gave their time to discuss their contracts, say they tell their puppy buyers that they are always available to answer questions and help make their new family member a success story.

FEATURED PHOTO: CH Barcar’s Mischief At Snowberry checks out a pond at sunrise in Berthod, CO.  (Nordstog photo). Reputable breeders want their puppies to enjoy many sunrises with their new human servants and live a full life!

Related posts:

https://www.caryunkelbach.com/choosing-a-reputable-dog-breeder/

https://www.caryunkelbach.com/some-questions-dog-breeders-may-ask/

https://www.caryunkelbach.com/the-flip-side-of-christmas-puppies/

https://www.caryunkelbach.com/researching-a-litter/