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Spay/Neuter contracts

I was just wondering how you guys word your akc limited registration contracts in reference to a spay/neuter agreement? Do you put a time line in the contract to show proof of procedure or not? I understand fully that people will breed a litter with a dog that is on limited registration as i have seen it while working at an animal hospital. I'm just trying, i'm sure like everyone else, to do my best from avoiding this from happening.
thanks for your time

Re: Spay/Neuter contracts

Drew you can write the contract anyway you wish but it is not enforceable. The absolute best approach is doing a good job screening the prospective family and meeting them in person.

Re: Spay/Neuter contracts

Put a $10,000 penalty in the contract if the dog is bred.

Re: Spay/Neuter contracts

If they sign the contract...it's enforceable. You may have to hire an attorney, sure, but my contracts are written with line by line instructions, including pretty hefty fines if they breed, and they have to initial EACH line AND have it notarized. Ya gotta to everything possible to protect your investment and the breed. A good idea that I WILL include is proof by a year that the dog was fixed. I've heard of some breeders giving a portion of their purchase price back with that proof, a good idea also.

Re: Spay/Neuter contracts

I have a page in my puppy packet that explains in detail what limited registration is and what's required for me to reverse it and allow a full registration. I stress the importance of spay/neuter to puppy buyers who aren't interested in breeding. Beyond that, I agree with Gregg - there's nothing you can do to enforce the altering of a puppy you sell. My brother's an attorney in Ohio, and I've asked him many times if this is possible. He said it's akin to selling a classic automobile and putting in a contract what octane fuel "must" be used. Once you sell property (a puppy) you relinquish control over that property.

There are probably lawyers on this forum who could answer in detail, but in all practicality you, the breeder, can't levy a "fine" or impose a "penalty". Only a court of law can do that.

Trust your gut, educate, and hope in the end you made a good decision.

Re: Spay/Neuter contracts

That's interesting, as my brother in law and father in law, both lawyers have told us that our agreements are enforceable, but only to the extent we are willing to pursue them. Verbiage is very important, so definitely consult with a lawyer to help you write your agreement, just in case a bad apple happens to fall in the barrel.

Re: Spay/Neuter contracts

Depending on where you live and how the contract is written, will decide if or to what extent it's enforceable. A BIG penalty is a good idea but add something to the effect that IF you have to hire a lawyer to enforce this penalty clause....they agree to be responsible and pay all legal costs you may incur. Make sure this is is clearly stated, underlined, BIG letters or whatever and of course initialled by the Purchaser(s). JMHO and experiences relayed.

Re: Spay/Neuter contracts

A breeder friend of mine (different breed) doesn't give registration papers out until she gets proof of spay/neuter.

Re: Spay/Neuter contracts

And depending on where you live and the rules/regs....withholding registration papers may be illegal too. Best check to confirm what the specifics are.

Re: Spay/Neuter contracts

Elizabeth Bowron
our agreements are enforceable, but only to the extent we are willing to pursue them.


I don't disagree with your point, but I would amplify the "to the extent we are willing to pursue them" verbage. I was responding to the OP with practical advice. Yes, a properly written contract is enforceable, but to what end and what expense? You can't "take back" a litter you don't approve of. And by the time a case reaches the courts, how many more litters could have been produced? Where are those puppies now? You have almost no control over a puppy once you sell it.

Again, to answer the OP, I say trust your intuition about a possible puppy buyer, advise as you see fit, and hope you don't make a mistake. If you breed long enough you will....

Re: Spay/Neuter contracts

different
A breeder friend of mine (different breed) doesn't give registration papers out until she gets proof of spay/neuter.


Playing devil's advocate here, in today's world any document could be reproduced to "prove" spay/neuter, either by note on letterhead (reproduced) or by paid invoice (which can also be created & reproduced).

Re: Spay/Neuter contracts

I will tell you from experience that you can take someone to court and a judge will demand that the dog be returned to the breeder. I had a mismate with a full reg dog in my name only to my male (both AKC labs) I notified the breeder immediately of it happening. She demanded the dog back and I stated that I would give her the dog back as well as the money she would have gotten from a puppy back (per our agreement) after the puppies were weaned. I was not just going to hand her over a pregnant female with my male and I was going to just give the pups away. She took me to court and the judge ordered me to give the dog back to the breeder but she was not intitaled to the papers just the dog. Was a huge mess and I was out several hundreds of dollars. Later I found out that breeder placed her with another breeder and they sold the pups and made several thousands.

Re: Spay/Neuter contracts

Didn't you have to sign the AKC litter registration as owner of the stud dog? Why were you going to give them away if they were a registerable litter? This story sounds fishy to me? Too many unanswered questions.

Re: Spay/Neuter contracts

They would not pay a reduced stud fee and I offered to register the litter for them since I was the owner of record for both parents. The other breeder said that she didn't need my help selling the puppies. She was not willing to pay a stud fee and I was not willing to give it all away for free. They benefited anyway and I no longer have anything to do with either breeder. Shady things have been rumored about the puppies from this litter being registered under different parents so the AKC litter registration could be obtained. If I had the money believe you me those pups that the breeder had from the "other" litter would be getting dna tested but who has an extra $500?? Unfortunately shady things happen all the time, I just know that my name is not going any where near that breeder or the breeder of the mismated bitch again!!