Puppy Sale Contracts: Important Things To Know
Have been dreaming of bringing home a puppy? For some people, this is a major life-changing event, especially for those who have been saving up to buy their dream dogs. If you are currently on the lookout to get yourself these lovable canines, better secure a puppy sale contract first. With this in place, both you and the seller get some protection.
A puppy sale contract is an important document that details information such as the dog’s breed and temperament, payment terms, warranties, and other terms and conditions. This is designed to have an equal and effective agreement between both parties.
What is a puppy deposit contract?
A puppy deposit contract is a formal and legal agreement entered by both the seller/breeder and the buyer. The purpose of this is to make sure that all the terms and conditions are written in black and white and signed by both parties. Within this document, important information is outlined. Some of these include the purchase price, required deposit amount, mode of payment, and other important details. The contract is null or invalid unless it is signed by both parties involved. If you are buying a puppy for the first time and there is some information that’s unclear to you, you need to clarify it with the seller before signing the document.
What are the Benefits of a Puppy Deposit Contract?
Securing a puppy deposit contract holds plenty of benefits such as:
Shows genuine intent. If you are buying a puppy and holding a deposit contract, it shows that you are serious about getting a puppy for yourself. It gives the breeder a good impression of your level of commitment to becoming a pet parent and would prioritize you because of your intent.
Waiting list secured. At Stokeshire Designer Doodles, a puppy deposit contract secures you a place in our long queue waiting list. With this in place, you have a higher chance of getting a puppy once it becomes available. This is important especially if you've been waiting for a rare breed or a breed that is popular and gets sold right away.
Setting expectations: Having a puppy deposit contract you know what to expect. No surprises. And if something comes up which wasn’t under the terms of the contract you’ve signed, you can raise the concern to the breeder. The puppy deposit contract gives you an overview of the terms of the agreement, how much to pay, when to make a payment, what’s the current status of the puppy, and other details.
Promotes a fair transaction: When all the information is properly laid out in the document, this prevents any issues or misunderstandings. Should a dispute arise, you can always go back to the details of the contract as a reference.
Serves as a breeder’s disposition: Imagine reserving a puppy for someone who committed to buying it, then comes the day for pick and this potential buyer didn’t show up. A puppy sale contract protects the breeder in cases where the potential buyer backs out of the deal or fails to comply with the contract. The breeder could still get compensated for their time through the deposit payment.
Serves as a buyer’s protection. On the other hand, the buyer gets protected by the contract if she/he is given a puppy that wasn’t the one agreed on. In the event of any health issues, the buyer could check the return policy of the contract. This also shows that they are getting their puppies from a responsible breeder.
Are puppy contracts legally binding?
Yes, these puppy sales contracts are legally binding granted that it passes all the requirements to be considered as a contract under applicable law. The common parameters for a contract to be legally binding are:
offer
acceptance
consideration (i.e., something of value exchanged between the parties)
and a meeting of the minds (i.e., an agreement on the terms of the contract).
Under the premise of a puppy contract, the document should:
Detail out the terms of the sale/ or adoption of the puppy
The limitations in terms of ownership
Return Policies
Payment terms
Veterinary Care
Both the breeder and the buyer should agree to the terms and conditions set out in the contract. It is important to note as well there could be other governing laws where the contract is to be reinforced. To make sure that the effectiveness and enforceability of the contract are right, consult professional legal advice.
In the state of Wisconsin, digital contracts are generally enforceable, provided that they meet certain legal requirements. Here are some key points to consider:
Electronic Signatures: Wisconsin recognizes the legal validity of electronic signatures. The Wisconsin Uniform Electronic Transactions Act (UETA) adopts the provisions of the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and generally accepts electronic signatures as binding, as long as they meet certain requirements.
Consent: Both parties must provide their consent to conduct the transaction electronically. Consent may be implied through actions such as clicking "I agree" or explicitly stated in the contract.
Record Retention: Parties involved in a digital contract should retain electronic records of the agreement. The UETA requires that the electronic records be capable of being accurately reproduced in a tangible form and retained for future reference.
Consumer Protection: If a digital contract involves a consumer transaction, additional consumer protection laws may apply. For example, Wisconsin's Consumer Act provides certain rights and disclosures for consumer transactions.
Why do breeders require a deposit?
Breeding a puppy takes a lot of resources - time, money, and effort. A deposit is required as protection for the breeder if a potential buyer changes their mind. With Stokeshire, you will need to fill out a puppy application before placing a deposit on our litter. This is a first come first served basis in terms of selection and notification. Buyers who deposit a puppy they want signify their seriousness to own a dog. It serves both as a protection and a gauge to check which depositors are committed and responsible to secure all the requirements to legally own a dog.
What should be included in the contract?
Below is the important information which should be included in the puppy sale contract. The information could change slightly depending on the jurisdiction of where the contract is entered and the breeder's specific terms.
Deposit Amount and Payment Terms
The deposit amount and payment terms are important elements of the contract. The document should reflect how much is the deposit required to secure a puppy, when the payment is due, the mode of payment accepted, and when the rest of the amount needed to be paid. It should also show what the refund terms are and what conditions are acceptable.
Refund Policy and Conditions.
The refund policy and conditions should reflect the process under refund circumstances and what are the conditions to get a refund. Clearly stating the conditions for the refund to be honored is important to avoid any disputes. It should also state when the refund should be fulfilled and the manner of getting it back.
Health Guarantee and Return Policy.
A health guarantee and return policy outline the health condition of the puppy. It should clearly state the date when the puppy should be examined by a veterinarian to guarantee its state of health. In the event of a genetic condition, the buyer should be aware of this otherwise, it can be grounds for a refund if this is stated in the construct as one of the conditions.
Breeder Responsibilities and Obligations.
With this as part of the contract, the breeder is well aware of his/her restrictions, obligations, and responsibilities. The breeder should be honest in stating clearly the condition of the puppy, its lineage, temperament, and other pertinent information. The breeder is also obligated to provide and share this information with the buyer, and other information, the buyer might request to better evaluate the puppy’s condition.
Buyer Responsibilities and Obligations.
With this in place, the buyer is well aware of his/her restrictions, obligations, and responsibilities. As a responsible buyer, he/she is responsible for making sure that the puppy is going to a home that is safe, and suitable for a pet. In addition, the breeder should also ensure that the pet is going to be provided with its basic needs such as food, shelter, medication, and regular vet visits. It should also include information such as the agreement in terms of spaying or neutering in compliance with the breeder's guidance.
What happens if you change your mind or the puppy is not available?
The great thing about having a puppy sale in place is that it protects both the buyer and the breeder should things such as a change of mind or unavailability of dogs happen. You have to go back to the refund clause and check the policy that you have agreed on. There may be contracts where the breeder will get the deposit should a potential buyer changes her/his mind. In some cases, the buyer will be blacklisted and won’t be able to get on the waiting list again. In the case of the puppy being unavailable, check the terms of the contract. Some breeders may give you an option to get another breed of a puppy instead but of almost the same price and temperament as the one you originally wanted.
Puppy Sale Contracts are important documents that should be reviewed carefully to protect yourself. Take time to check the premise of each clause and ask questions if there are things that are vague or unclear. Do not just sign any contract without fully reading and understanding the terms stated there.