CONTRACTS Part 2

    In last month’s column, I discussed contracts. I’d like to add to this thread a bit and that is the importance of having a contract. Contracts are entered into primarily with puppy purchases but also for co-ownerships and stud services. I think contracts are a good thing to have and can help to prevent misunderstandings in the future.

    While we all want to believe that other breeders will treat us well, this is not always the case. Add to this that what you may think is not proper treatment, someone else may feel is perfectly fine. A contract is a way to be sure that both parties are in agreement on the foreseeable issues. My last column touched on some of the things one may not think about ahead of time. But you may be surprised at the number of people who enter into a contract, then expect something else when things don’t go as planned.

    So the basics are that when you enter into a contract situation with anyone, be sure you have read the contract over completely and agree with all of it. If you don’t and would like alterations, then discuss it with the other party.  Sometimes, the parties will be willing to make alterations and other times they won’t. There is no reason to argue about it. For instance, suppose a breeder’s contract states that if the dog doesn’t clear one of the four things (hips, heart, eyes, or elbows), then once the dog is spayed or neutered, the buyer will be refunded back to pet price and the pup can either be kept or be resold as long as the buyer agrees to the new home and is fully informed. Say the buyer doesn’t like this agreement and requests a full refund instead. The seller then has the option of changing the contract or not. The buyer has the option of going elsewhere for a puppy should they not like the decision the breeder makes. Simple. No reason to pitch a fit, call the breeder unethical, or anything else. Take it or leave it. But at least both parties discussed the options and both parties had the choice of making a change or not; buying or selling the pup, or not.

    Okay, so what about the situation where you inquire on a puppy and the breeder agrees to sell you a puppy but the breeder doesn’t send you a contract? ASK FOR ONE!!!! Yes, I am yelling. While it is certainly true that many agreements are made between friends without contracts and work out just fine, it is always better to have it in writing just exactly was is expected in the agreement. Admittedly, I have some co-ownerships with close friends where I have not done contracts, but I should have! In only one instance did this backfire on me. It ended up that the person who got the pup did not remember our agreement as I did and although in time, things worked out, it did put a permanent rift in our friendship. This person felt that a contract would ruin our friendship, when in reality the opposite was true. In the end, I did not get what I had believed we agreed to, but learned an important lesson.

    I know one person who bought a puppy for about four times the amount I sell my show pups for (and close to six times my pet price!) and did not have a contract. When the papers came, the dog was on a limited registration! The breeder refused to put this extremely overpriced (in my opinion) puppy on a full registration even though I’m told the buyer purchased the dog for showing. Because she did not get a contract, she now has a very high priced pet.

    But don’t believe that a contract will protect you completely. Do your homework and check references on the person you are preparing to enter into an agreement with. If there are many red flags, you may want to reconsider if the contract warranties things that would require that this person refund or replace anything in the future. Of course, a person who has many great references but one bad reference from someone who seems to have issues with many people is probably still a good bet. But if you know many people you feel are reputable who caution you against certain people, please think long and hard before you enter into contractual agreements with that person. If you do it, realize that this person may not honor the agreement and/or you may have to hire a lawyer to make them honor the contract. Is it really worth it?

    While we are all warned about “the rumor mill”, I think we really do need to network to have a good foundation of knowledge when we are dealing with others. A close network of trusted friends can really save us a lot of problems. I believe most Golden people are good people. But unfortunately, as in any aspect of life, there are those that aren’t so easy to deal with. Some may be out and out dishonest. Others may simply have financial issues that cause them to overspend or get themselves in a position where they can’t meet financial commitments, even if they honestly planned to do as they agreed to.  Not all contractual failings are intentional, but the outcome is the same. Hopefully, if something unforeseen happens, the person who finds themselves in dire straights will be honest about it and work to make up for it as time allows. This is the only honest way to handle things.

    The world of dogs is a wonderful place. But the money involved can be far more than many of us want to admit, even if it isn’t a problem for us. Sometimes our egos and hopes make us live beyond our means as well, and get us in predicaments we didn’t foresee.  I hope that anyone who has ever found themselves in this situation will learn from it and make a vow to be more cautious in the future. Your reputation in the world of dogs hinges on how you treat fellow fanciers. We all need to abide by the Golden Rule: Do unto others as you would have others do unto you.

As always, I encourage anyone with ideas on issues I’ve discussed, or issues they would like to see addressed, to please share their thoughts with me. I can be reached at shilogr@yahoo.com  Thanks so muc

Return to current conformation article