I received a call today from the friend of a man I sold a dog to. The guy I sold the dog to died unexpectedly, and his wife does not want the dog. The friend has been keeping the dog, and is the one who thought to call me. I told him that per the contract the dog needs to come back to me for rehoming, and that I would be happy to come and pick the dog up.

The friend told me he would have the wife contact me - something about her having "her own ideas."

So, my question is this . . . when the person who signs the contract dies, does it end the contract? Or is the wife still bound to it's conditions? I don't want her passing this dog along to whomever comes along.

Thanks for any insight.

So, a good number of you feel that the contracts virtually can't be enforced then why bother doing them at all?

I make them to put in writing, and make the new owner reads, what he is or isn't supposed to do with the puppy. Never care to enforce them.
Show contracts are different. I will enforce them.

Essentially a contract is an agreement entered into in good faith by two, or more parties, that outlines expected behavior and responsibilities. While there are parts that may ultimately be 'unenforceable,' it is not a document to be taken lightly. If you do not have one and end up in a dispute for any reason, you do not have a leg to stand on as it becomes 'I said...they said' versus this is a signed agreement/contract that we both agreed to in writing.
In this day of 'sue happy' people, along with states that expect that a 'reputable' breeder would back their words by a contract, it is a good thing to have in place.

Point is the dog is property. Once the owner buys the dog it is there property. As a breeder, we have no claim or rights to it. It is their animal to do with it as they see fit. A contract such as most on a dog won't be enforcable.

We state that: If for some reason the puppy/adult should be in need of a home at any time in his/her lifetime, the owner must notify and return the puppy/adult to the seller as the seller will help in finding a new home for the puppy/adult.

Yes, a contract is enforceable, like ANY contract.

We sold our kennel a few years ago and had a stipulation in the contract that we could stay on the property for 45 days after the sale, that the new owner would not take possesion for 45 days after closing.

Several hours after closing, we go to the store and come back to the new owner having our front and back gates open and workers of his making remodeling plans. They didnt think about the dogs getting loose and didnt care. I ended up calling the police and when they came out and saw the contract they had the new owner leave and told not to come back for 45 days. They told him that he signed a contract.

Property is property and if there are stipulations in a contract, they will be enforced by law. Its the law in the US.

I teach Contracts and Law. The Courts would have to
enforce that Contract. The police can not practice Law. Giving an opinion on a Contract would constitute
the illegal practice of Law. It is very difficult
and costly to try and enforce any of these dog contracts. A Warranty is the best way to go, all you
are doing is warranting that the following is true.
As far as getting a dog back, possesion being 99% of the Law unless you want to spend a fortune fighting
it. The best thing you can do is try very hard to pick the right home!

I believe the dog still belongs to the man's estate, unless the estate has been settled.

My "return to me" clause is there specifically so that the dog never is put in a shelter or euthanized as a result of being homeless. I would contact the wife and express my sympathies, probably with a sympathy card and a donation in the man's honor to either the charity specified in the obit or to the Red Cross. I would tell her that if the dog ever needs a home that my door is always open. If she has a nice family in mind then I would delighted to know, and I would want the new family to have my contact information and always know that the dog never should end up in a shelter.

I wouldn't try to be a control freak and try to take the dog back.

I would offer to buy the dog back from the wife for the purchase price they paid for him. Then I could place the dog in a home I was comfortable with. I think the wife will be much more receptive to you, if you express sympathy for her loss and offer to purchase the dog as they purchased him from you. Be careful how you approach this as I'm sure things are very emotional for her right now.

1) Whether the contract is enforceable is going to involve the law of the jurisdiction where the buyer lived and died, unless your contract stated the law of another jurisdiction controlled. It also may depend on whether your contract's language specifically dealt with the possible death of the buyer or a very close scenario.

2) The dog may be considered "personalty", or personal property in the state where your buyer died. If he had a will, then the dog's disposition will probably be controled under the will. The Executor or Executrix of the man's estate is under a legal obligation to marshal all his financial resources, pay his debts, and then distribute the balance of his net estate assets to his beneficiaries, according to the will. The Executor may well be willing to return the dog to you, but as an estate asset, he or she may ask you for the purchase price back.

The will may also make a specific provision for the future care of the dog ( which many dog lovers do sometimes put in their will ). This man may have already picked a home he considered would give the dog good care, and left the dog to them. If your buyer's contract states that the dog comes back to you if the buyer cannot insure its care, he may have taken care of this through his will, and the dog would still remain in his estate

If there was no will, then the future of the dog will probably be up to the wife. My guess is if she was willing to hand off the dog to this man's friend pretty quickly, she may well accept your helping hand in placing the dog with someone else, although I would suspect she will probably want the purchase price of the dog back. Obviously the dog was purchased by the husband for the husband; she does not seem emotionally attached to it, although she might be "financially" attached to it.

Just some ideas to think about, and whether you might want to re-write your purchase contract to cover this type of possibility more closely in the future.

Just as an aside, does your contract cover what happens to your buyers' obligations to you or your kennel under the contract if you predecease them? Have you legally named anyone who can enforce your contracts for your dogs' sake, if you pass first?

Not fun to talk about, but something that must always be done!

Ok so say if in your contract you'll take the dog or puppy back but will not refund money, how about in a case like that if the person demands money back...