# "A good breeder will make you sign a contract. . .



## Emoore (Oct 9, 2002)

. . . saying that if for any reason you can no longer keep the dog, s/he goes back to the breeder. This is done to keep dogs out of shelters." 

That sounds really noble and I never thought to question it, but lately I've been thinking. And you know what happens when I start thinking. 

Let's say I buy a bitch puppy on a right of refusal contract. I work her, title her in various venues, hips, elbows, DM, the whole 9. I breed her to a suitable male and produce a litter of awesome puppies. 

Later on something comes up in my life and I can't keep the dog. Eviction, foreclosure, caring for an elderly parents. . . something. And a couple of well-respected breeders express an interest in purchasing my Schutzhund titled, hip/elbow/dm certified, proven brood bitch for a fair price. 

Am I still required to give her back to her breeder for free, or sell her back for the price I paid when she was a puppy? Are there exceptions for this sort of thing? Do breeders have different clauses for different situations? I can see how the original breeder might want her back for their own program, especially for free or at an 8-week puppy price, but why should I do that when equally good breeders are willing to pay fair market value?


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## Liesje (Mar 4, 2007)

It really depends on the agreement. Pan has a "first right of refusal" clause but per my understanding with the breeder, this means that all I have to do is offer him to them FIRST. I am not required to give him back for free and am not bound to sell him back at the puppy purchase price. He's my dog, I can sell him for what I want (FWIW I have NO plans to sell my dogs). Say, for example, I want to sell him for $5500 (I bought him for $1800). It is within my right to determine how much to sell him for, I just have to give them the chance to purchase him. They can take it or leave it. They are not obligated to buy the dog back either. This is really the only way I accept this type of clause. I will not purchase a dog I would be obligated to give back to the breeder free of charge later on. For some breeders I guess this means you have to GIVE the dog back. It all depends on the contract and what is understood between the two parties.

And I don't agree that a "good" breeder will make me sign a contract. I prefer no contract but made an acception in Pan's case as I found all the terms to be agreeable and appear to protect me and the dog as much as the breeder.


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## TheActuary (Dec 17, 2011)

You definitely do not have to give her back to the breeder. She's your dog, you paid for her.

I think the clause is to ensure that someone thinks to return a dog to the breeder before dropping it off at a shelter. It would be awful to find out one of the pups you bred ended up in a shelter somewhere.


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## Chance&Reno (Feb 21, 2012)

I would think it would depend on the wording of the contract.
Things like "will take back" doesn't mean "must return". One shows that they are willing to take the dog back and the other says you are required to return the dog. 

The contract from my breeder states:



> In the event the buyer is unable to keep the puppy/dog for any reason, he/she agrees to give "breeder name" first option to take the puppy/dog back


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## TheActuary (Dec 17, 2011)

Liesje said:


> For some breeders I guess this means you have to GIVE the dog back. It all depends on the contract and what is understood between the two parties.


Maybe, but they have no way of enforcing this... I really doubt it would ever hold up in court if it came to that.


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## Chris Wild (Dec 14, 2001)

Right of First Refusal is actually a technical, legal term that is common in contract law. It does NOT imply "giving back for free". The owner can set a price, any price they want. It just requires that the person granted Right of First Refusal is offered the opportunity to purchase the dog at the asking price before any one else is. And if the price changes, then again that person must be offered first.

Now if a contract says "give back" or "return", and the owner signed it, then they would be obligated to follow the contract, or face a lawsuit. If the contract is termed as "Right of First Refusal" than the legal meaning of that term would apply and they just have to offer the breeder the chance first. And they can't tell the breeder the dog is $10k, then turn around and sell it to their buddy for $5k.


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## Packen (Sep 14, 2008)

Emoore said:


> . . . saying that if for any reason you can no longer keep the dog, s/he goes back to the breeder. This is done to keep dogs out of shelters."
> 
> That sounds really noble and I never thought to question it, but lately I've been thinking. And you know what happens when I start thinking.
> 
> ...


The owner can do what he/she wants, these contracts are non-enforcable.


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## RocketDog (Sep 25, 2011)

IMHO, which is worth about as much as these words typed out on the 'net, a decent breeder would easily be able to differentiate between the above scenarios, and there wouldn't be any problem. If they couldn't, as packen said, I wouldn't be afraid to fight it.


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## TheActuary (Dec 17, 2011)

Chris Wild said:


> Right of First Refusal is actually a technical, legal term that is common in contract law. It does NOT imply "giving back for free". The owner can set a price, any price they want. It just requires that the person granted Right of First Refusal is offered the opportunity to purchase the dog at the asking price before any one else is. And if the price changes, then again that person must be offered first.
> 
> Now if a contract says "give back" or "return", and the owner signed it, then they would be obligated to follow the contract, or face a lawsuit. If the contract is termed as "Right of First Refusal" than the legal meaning of that term would apply and they just have to offer the breeder the chance first. And they can't tell the breeder the dog is $10k, then turn around and sell it to their buddy for $5k.


True, but bringing forth a lawsuit and winning are two different things. It could happen, but I am just speculating that no breeder would win the suit in the case where the owner was "required" to return the dog free of charge. But who knows... crazier things have happened.


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## Chris Wild (Dec 14, 2001)

Who wins a lawsuit tends to come down to who has the best lawyer, and the most extra time and money. Contracts that utilize specific, well known and well precedented "legal-ese", like RofFR, are far more enforceable than those that don't. 

Likewise, in an example such as the one given where the dog has a commercial value that can be documented via puppy sales, stud fees, competition career, etc... it is far more likely that a court will pay attention to the contract and take the case seriously than they would if it was a dispute over a dog who is just a pet with no perceived or proven value beyond that.

Either way, it is always wise for a buyer to read the contract and make sure they agree with it, or negotiate changes, before signing. To ignore it assuming it is unenforceable isn't a good move to make.


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## Emoore (Oct 9, 2002)

Thanks for the thoughts. Obviously this has no bearing on my own life or situation. . . . just me thinking.


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## Smithie86 (Jan 9, 2001)

Yet, even with a contract that states this and is very specific, it depends on what the buyer does. Some will not call the breeder – they are embarrassed, forgot what they signed, etc.

This situation just happened in our area. We were contacted when the rescue that we help out pulled a young gsd male from a local kill shelter south of us. The owner had dropped off the dog, with AKC papers AND the signed contract. The shelter did not bother to contact the breeder. The rescue contacted us to see if we knew the breeder and had contact info. We did know her and the breeder was contacted. She was very upset that she was not contacted, by the buyer or by the kill shelter.


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## FG167 (Sep 22, 2010)

I wasn't sure how I felt about the contracts I had seen and _knew_ I didn't want to fill out an 8 page questionnaire on why I was a suitable puppy owner. So, I just went out of the country and got a pup from a breeder I like a lot and whose dogs I like a lot - with no contract _or _questionnaire.


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## Lilie (Feb 3, 2010)

In the equine world contracts (if any) would read ' First right of refusal for fair market value' and an additional clause added in the event the horse isn't marketable. 

Market value would be determined with regards to any offers currently being made on the animal. 

I have also seen a contract where the seller offered the right to market the horse (in the event the buyer wished/had to sell) for a flat fee and/or plus 10% of the final selling price. But it was not a purchase requirement. 

It made sense to me and seemed to be a win/win situation for both buyer and seller.


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## OriginalWacky (Dec 21, 2011)

This thread has given me some pause... I think I really need to plan for what would happen to my critters if something should happen to both The Mate and I. I'm sure our breeder would take Koshka and rehome him somewhere safe for his life, but Krissie and the kitties need somewhere safe to go as well. Perhaps I'll see if I can't find some rescues or individuals who would be willing to take them on with an endowment in my will so they aren't autoimatically PTS. 

I don't know anybody locally who I'd trust to take them on at this point, but I could probably make some connections if I tried a bit. For example, the guy who does our snow removal (when we have enough snow to remove, this year has been awful light) would probably be happy to take Koshka, and maybe Krissie too. And The Mate's sister might be able to take on one or two of our cats, so that would help. I bet my Dad would take one too. 

So either I've got to find several more homes for kitties, or arrange with a rescue. Anybody want a kitty now? I've got a few I'll gladly send off to a great home. Haha.


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## CelticGlory (Jan 19, 2006)

So would that be the same when it comes to the buyer showing the puppy and decides to breed it and decides later on it would be better off in a retirement/forever home? Would than the owner still have to call the breeder even with the First Right of Refusal? This is an interesting topic, I'm glad it came up because I keep seeing this in contracts lately. I'm thinking of showing and when I read some of the contracts I was confused about this clause that more breeders are using lately.


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## Packen (Sep 14, 2008)

FG167 said:


> I wasn't sure how I felt about the contracts I had seen and _knew_ I didn't want to fill out an 8 page questionnaire on why I was a suitable puppy owner. So, I just went out of the country and got a pup from a breeder I like a lot and whose dogs I like a lot - with no contract _or _questionnaire.


Same with me, both dogs have full registration and no strings attached. Would not have it any other way.


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## Liesje (Mar 4, 2007)

CelticGlory said:


> So would that be the same when it comes to the buyer showing the puppy and decides to breed it and decides later on it would be better off in a retirement/forever home? Would than the owner still have to call the breeder even with the First Right of Refusal? This is an interesting topic, I'm glad it came up because I keep seeing this in contracts lately. I'm thinking of showing and when I read some of the contracts I was confused about this clause that more breeders are using lately.


If it's part of the agreement, yes, unless the agreement states that it expires after a certain period of time.

As with anything, the most important thing is for both parties to be in agreement and understand what they are agreeing to. We can make up hypotheticals all day long.

Also, don't write off a dog or breeder based on this thread or any web page. In my experience, every breeder I've talked to in person has given me a different answer than what is published on their web page, once they hear what my goals are and my reasoning for not accepting certain terms. For example I never accept limited registration, but have not had trouble purchasing dogs in the USA on full registration even from breeders who only advertise limited registration.


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## RebelGSD (Mar 20, 2008)

I think many buyers are under impression that the right of first refusal means that the breeder will take the dog back if they cannot or will not keep the animal. Actually it means that the buyer or required to offer the dog to the breeder first. The breeder is not obliged to take the dog back and it is not a guarantee that the dog will not end up in a shelter. We have rescued dogs from shelters that had right of first refusal contracts and the breeders were not interested in taking them back. One was a dog that even placed well in a Sieger show some years before.


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## selzer (May 7, 2005)

When I sign my name on a contract, I am agreeing with the wording of the contract. If it says that I must return the dog, I must return the dog because that is what I signed. I am shocked at how many people feel that if it is unenforceable, you can just ignore that you signed the contract with the clauses in there. 

If you have a question about the contract, discuss it and change it prior to signing it. Once you signed it, you agree. If things change, then you need to work out a reasonable adjustment that all parties are acceptable with.

Let's say you bought a show-quality dog with the requirement that you show the dog, unless the dog has a disqualifying fault or some other reason that it is not show worthy. The show-dog producer is letting a top prospect go out of her kennel because someone promised to show the dog. Her name is out there as the breeder and that is good. But she also wants to ensure that if this dog is sold, it is shown etc., so she wants the right to first refusal, meaning she will buy the dog back if it makes sense for her to do so and the price is right. 

Now if you tried showing, not your thing, the dog didn't get put up, etc. And then you decided you did not want the dog to have heat cycles so you had her fixed. And then you decided she would be better off in a home with a retired couple as she is rather laid back, and just perfect for them. The thing to do is contact the breeder, because you have a contract with them. Explain the entire situation, describe the people that you are going to sell the dog to, and give the breeder the chance to counter the offer or accept the new home for the dog. In most cases, if everything is on the up and up, the breeder will be perfectly happy to go along with the sale. She may want the contact information of the people buying the bitch, so she can introduce herself and let them know if they have problems or need to rehome the dog, to let her know. 

My contract is a joke. It says, I will, I will, I will, I will I will. I realize there is not much I can do to force someone keep their promises, so I do not make them make promises. I just put what I promise to do for the pup in what events. And I have it written down so that there are no questions. Yes, I will take a dog back, but I am not going to buy the dog back. I care about the puppies, but once I sell them, I am no longer their owner. Their owner can make training decisions, breeding decisions, health decisions. If I do not trust someone to own my pup, then I do not sell them a pup. If I do trust them, then I sell the pup and it is then theirs.


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## Emoore (Oct 9, 2002)

All this made me curious, so I went back and looked at mine. It says she will take him back at any time for any reason, but I'm under no obligation to bring him back. Which is good because Jakoda wants to buy him.


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## sddeadeye (Apr 5, 2011)

My breeder has a take back policy (I'm not entirely sure that's the right wording). At any time if life situations come up and I have to rehome my dog, she will always take him back. However, if I have friends or family that would like to take him, another home interested in him, or an advance directive for care should something happen to me then that is wonderful. She is basically there as a resource to use to ensure my dog does not end up in a pound or shelter. By no means do I have to actually give her back my dog for free in the event I can no longer care for him. Especially if I have other people interested in him.


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## Mrs.K (Jul 14, 2009)

FG167 said:


> I wasn't sure how I felt about the contracts I had seen and _knew_ I didn't want to fill out an 8 page questionnaire on why I was a suitable puppy owner. So, I just went out of the country and got a pup from a breeder I like a lot and whose dogs I like a lot - with no contract _or _questionnaire.


Ditto!


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## WestCoastGSD (Jan 7, 2011)

I have this clause in my contract solely to keep any puppies I produce from ever seeing a shelter. My clients know that I am here for the life of their dog at any time and for any reason. I will keep a clients dog if it is returned to me for as long as it takes to find the right home for the dog or keep it forever if I don't find a home, even if it is not something I desire to keep for showing or my program. Here is how the clause reads in my contract "If this dog is offered for sale or transfer to a third party, other than immediate family, the dog shall first be offered to the seller at the same terms, in writing, and the seller has ten (10) days to accept or reject this right of first-offer. If this dog should, at any time in its lifetime, need to be surrendered, the buyer will release this dog to the seller, and its disposition becomes the choice of the breeder/seller."

All of my puppies are microchipped and the microchip registered before they go home also and I ask that I am kept as an emergency contact in case a dog gets out while someone is on vacation, I will do all I can to get that dog back to their owner, this is especially important if a dog gets picked up at a shelter as sometimes they do not keep them more than a few days, and if you are on even a one week cruise this can be enough to lose your dog to the shelter, there is no cell service on cruise ships and that would be horrible to return home to a missing or dead dog. 

It is our job as breeders to be responsible for and to protect every life we bring into this world in whatever ways we can and for as long as they live, they are family and family should always be there for you no matter what.


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