RESOLVING THE ISSUES: COSTLY AND DIFFICULT The AKC is usually no help in these issues: it is a pedigree registry, not a forum for ownership or breeder/buyer disputes. Breed clubs, similarly, have no role in such disputes unless, perhaps, one party has transgressed the club’s ethical code; even then, the complaints usually go nowhere. Sometimes the disputes go to court, which usually means each side will spendmore than the puppy cost, and the puppywill be past breeding age by the time the dispute is resolved—if it ever is. Frequently, such disputes are never fully resolved. As a result, the dog may be neither shown nor bred, while the parties end up with lingering hard feelings and lifelong grudges (even vendettas) played out in social media forums and/or at dog shows. Evenwithout a court trial or AKC bench committee, a dog-related dispute can be “tried” in the “court of public opinion” in this fashion. The loser in such a battle is often forced to pay a high price in terms of reputation. AVOIDING THE PROBLEMS IN THE FIRST PLACE To minimize such problems, a few common sense rules apply. Rule #1: Know your state laws regarding puppy sales and consumer fraud as it applies to the sale of dogs. If you don’t know the law or how to follow it, consult a lawyer. Rule #2: When you plan to sell a show prospect, write out a list of “what ifs,” including every nightmare you can imagine with a co-owner on a show prospect that would feel like a real “deal breaker” to you. For exam- ple: What if the buyers refuse to show or breed it; they don’t give it proper vet care; they use it to breed “designer dogs”; they sell it to someone else without telling you; they spay or neuter it without telling you; they move five states away; they die or become permanently disabled? Then read your contract again (or start to write one, if you don’t have one). See if your contract addresses those topics. Ideally, your contract (a) prohibits the buyer’s actions that would cause the trouble, (b) mandates what must happen, and (c) carries a substantial and clear negative result when the wrong thing happens, for example, if Buyer breeds the dog without your permission, you have the right to reclaim the dog and receive $5,000 in liquidated damages. If you don’t set forth the liquidated damages, you will probably have to go to court to prove your damages. Of course, you need to be sure the remedies you put in your contract are allowable under law, so you should consult an attorney versed in dog law, to finalize your contract. Having a discussion about all eventualities that could occur is a good way to find out some new facts about your prospective buyer and their expecta- tions. Better to learn this before they take possession of your show pros- pect puppy, than after. It’s been said that “an ounce of prevention is worth a pound of cure.” This certainly applies to selling show prospects. Do your homework, and have those difficult discussions with your prospective buyer before you place your pride and joy in their care, potentially losing that dog as an oppor- tunity to perpetuate your breeding program. The little effort it takes to prepare a proper contract is small compared to what you stand to lose if the sale of a show prospect goes bad.
DO YOUR HOMEWORK, AND HAVE THOSE DIFFICULT DISCUSSIONS WITH YOUR PROSPECTIVE BUYER BEFORE YOU PLACE YOUR PRIDE AND JOY IN THEIR CARE, POTENTIALLY LOSING THAT DOG AS AN OPPORTUNITY TO PERPETUATE YOUR BREEDING PROGRAM.
LisaCurry represents clients in state and federal courts and before the AKC. She also raises and shows AKC dogs. You can review her articles at www.lawfordogs.com. Lisa can be reached at 201-400-7407 or LCurry@lawfordogs.com.
28 • T op N otch T oys , J une 2021
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