CONTRACTS FOR SHOW PROSPECT PUPPIES
by Lisa M. Curry, Esq.
T he sale of a showprospect puppy is amatter of contract, even if never put in writing. An oral (unwritten) agree- ment, to exchange something of value for money or for something else of value, is still a contract. A show prospect contract can be complex and, therefore, difficult to prepare. A breeder is trying to predict (and en- sure) that the pup will succeed in the show ring in 6, 12 or 18 months, and then succeed in breeding; this is never a sure thing, particularly when the puppy is going to a new home and virtually all aspects of the dog’s life are out of the breeder’s hands. Even with the best puppy, there is a risk that the buyer will not achieve the dog’s potential—out of ignorance, neglect, or just through poor decisions. Many factors must be considered, and optimally, addressed in the contract. Since a breeder’s career depends on the success of what they breed, you’d think that they would try to maximize the chances of each show prospect succeeding, including spell- ing out what the Breeder and Buyer will need to do, tomake that happen—andwhat the parties will do if something goes wrong. Too many times deals are struck for show potential puppies, without a full disclosure of the expectations of each party, of what could go wrong, and of what the parties will do about it, if it does. Contracts that lack specificity of important terms, con- tracts that aren’t in writing, and those made without ad- equate forethought about what can and probably will hap- pen, are all inherently problematic. Consider this example: • Seller says to Buyer of a lovely young pup, “It’s yours for $2,000, and if it turns out nice, you can show and breed it.” Buyer says, “Great,” pays the money, takes the puppy home. Was that a contract? Yes, although a rather poorly formed one—for several reasons: • First, it was not in writing. Down the road, these parties have no way to prove what the terms were. VAGUE CONTRACTS ARE PROBLEMATIC CONTRACTS
Breeder might later deny he gave permission to breed or to show it. Or, the dog “turns out” to have several undesirable inheritable conditions, but Buyer wants to bred it anyway, denying there was any condition about it turning out. • Second, what does “it’s yours” mean? When it’s time to register the puppy, will Breeder say, “I will be co- owner because (a) that’s how I always do it, (b) that’s how everyone does it or (c) I have the papers and you don’t.” This is known to happen and it creates huge problems stemming from unwanted and poorly formed co-ownerships. • Third, what does “if it turns out” mean? Who decides whether the puppy turned out? And at what age is it decided? Who pays for health testing that the Breeder demands? And if he doesn’t “turn out,” what happens? Does the dog get neutered? Does Breeder take him back and give Buyer another one? • Fourth, “you can show and breed” is extremely vague. The parties have no guidance on who pays entries, who pays for a handler, or whether Breeder can handle the dog himself. Similarly, assuming the parties get the dog finished, they still have no framework for issues like when can it be bred; who picks the breeding part- ner; and if female, who pays stud fees, and who owns the puppies. This particular kind of dispute over a bitch often ends up with the Breeder refusing to sign off the litter—either for spite, or until he gets a puppy back (or whatever else he may be seeking). Vague contracts with unanswered questions like these cause many disputes over show dogs. However, even if the parties do have a full discussion andmake a detailed agree- ment about the dog’s future, the same type of questions arise when the parties fail to put their agreement in writ- ing. People forget what they said; they wish they made a dif- ferent deal; they refuse to admit what they agreed to. Not being able to prove what your agreement was is almost as bad as never having made the agreement in the first place.
26 • T op N otch T oys , J une 2021
Powered by FlippingBook