[QUOTE=saultgirl;8042823]
How does it work if something should happen to you? Does your estate retain a right to the dog?
If you were to go through a divorce or bankruptcy, how is the purchaser protected from a claim against your interest in the dog from a third party?
Does your contract state clearly about the dog remaining in the possession of the purchaser?
I might be ok with this, once I review the contract in detail and go through it with a lawyer… I would just need to see that there is absolutely no way they have a right to take the dog back for any reason (other than upon our deaths- and I would ensure both my husband’s and my names are on the registration)…
I have no problem with signing a no-breeding contract and I do intend to have the dog spayed.[/QUOTE]
Generally you can request to “customize” your contract however you want it. For example, in my last litter, I had a great owner whom I had known for many years request that in the event of his death, his son would take his hound. I was fine with this, we altered the contract, no problem.
In the event of my death, all my co-owned dogs revert ownership to the co-owner. If they get into place where they cannot keep their hound, my “Wolfhound Executor” will take the hound back or act in my behalf.
I’ve never had anyone ask what happens if I divorce, go bankrupt, am imprisioned, instutionalized, etc. Certainly I would be open to discussing this and would make whatever changes in the contract we agreed upon.
I must say I am a little “Old School” when it comes to contracts and had to be brought into the concept. For many years, I did not have contracts. I dealt with people I knew, usually for many years, they were friends. One of my mentors, a “pillar of the breed”, Samuel Evans Ewing III, did not use contracts although he was an attorney. I think everyone was a bit more casual in past years about their financial transactions in the dog world. However, misunderstandings can occur, and one thing Sam told me which has served me well is to have something in writing, even if in the form of a letter, that just says whatever your understanding is, for example, if for a stud service, what do agree to do if there are no puppies, one puppy, etc.
I think the main purpose of a contract is just to articulate what your expectations are. Evidently they are often not particularly enforceable by law. I just think of them as a way to make explicit the main message, which in the case of puppies, is that if anything happens to you, the puppy will have a soft place to fall.