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Show and Breeding Contracts

 
 All show and breeding stock are sold on contracts with specific requirements for showing, health testing and breeding.  These contracts often require a co-ownership until the show and health testing requirements are completed.  I RARELY sell a breeding dog without a contract and I rarely allow a dog to be bred unless it is shown.   My contracts require:
  • A reasonable effort be made to finish a title (or titles) on the dog purchased.  I do not restrict breeding to conformation show dogs.  Any performance dog may be purchased with breeding rights, but these dogs must be shown and titled to a specified level just like a dog that is sold for showing in conformation. 
    • A reasonable effort includes keeping a conformation dog in coat and condition.  It may also include a date or time frame in which the owner must put the dog with a professional handler to finish its championship if the purchaser is not an experienced handler and is not capable of finishing the dog.
      • I realize that accidents, injury or another unexpected circumstance could necessitate a change in terms of the show/breeding contract after a dog is purchased.  (Such as a circumstance that might prevent a dog from finishing its championship title but would not necessarily preclude the breeding of the animal.)  If such a circumstance were to arise and an owner were to bring this to my attention and ask for a change in terms of their dog's contract, I would make every effort to accommodate such a request IF:
        • I felt the owner had been doing their best to fulfill the original terms of the contract up to that point AND
        • I felt the owner would fulfill all other terms of the original contract AND
        • I felt the owner was making every effort to provide the dog with an appropriate home AND
        • I BELIEVED the situation was truly such that there was absolutely no way the owner could fulfill, execute or otherwise complete the terms of the original contract without it putting undue stress or hardship on the owner. 
        • HOWEVER, any changes to any contract are always at MY discretion.  If I feel I was misled, or that the person never really intended to fulfill the terms of the contract, or if I do not feel that a change is necessary, it will not be granted. 
        • Additionally, my contracts specify specific penalties if an owner defaults or breaks any portion or part of a contract.  I WILL hold all parties to the letter of the contract and I will seek any and all recourse should an owner break a purchase contract. 
          •  I always write each contract individually since each situation is slightly different.  Most contracts have to be amended a number of times as the buyer and I discuss the situation and determine exactly how, what, where, when and why things will be done.  By the time a contract is signed, it will cover almost any and every situation and the terms, conditions and requirements for both parties are up front and very clearly defined and both parties will have discussed each aspect in detail and agreed to everything included.  So, the bottom line is.....if you don't like the terms, don't buy the dog thinking that the contract really doesn't matter!!  I wouldn't make you sign one if I didn't care what happens!
      • Sounds pretty tough, huh?  Yes, it is.  But it is nothing that I and any number of other breeders and show enthusiasts have not had to do.  Additionally, my requirements are almost exactly what every show breeder asks to have done when they sell a "show" puppy.   I just insist that everything that is agreed to, implied or expected in connection with the sale/purchase of the dog be written down.  (I may be more demanding than most that everything be on paper and quite explicitly detailed, but this is because SOOO many people that start out as friends end up having arguments and disagreements over what was said, what was meant, what was implied, what was expected.  With my contracts, no one can say that I never said I would expect "this" or "that" or that they didn't agree to do such-and-such.  It's all in the contract for everyone to see and we can agree or disagree up front, BEFORE any money or the dog changes hands!)
  • All breeding dogs must pass an OFA hip evaluation at 2 years of age and they must pass a veterinary ophthalmologist eye exam yearly until at least the age of eight. 
    • All dogs must have their OFA hip certification and a current eye exam showing he/she is clear of hereditary eye defects before they are bred for the first time.   
    • Any time the purchased dog is used for breeding, it must have a current,  clear eye exam dated less than one year before the date of mating.
    • All dogs bred to the purchased dog must have passed at least the same health tests as the purchased dog.
    • Copies of all health testing certificates for the purchased animal must be mailed to me yearly or must be available for verification at the OFA or CERF web-site(s).
  • Any puppy(ies) sired or whelped by the purchased dog must be sold, bartered, traded or given away with limited registration unless they are sold with a contract requiring the same show, health testing and ownership requirements as agreed to for the dog purchased from Sandcastle Kennels.  (That's right, even the owners of a male used at stud must insist the litter owner follow the same requirements when selling puppies.)

Please understand that when I insist on a purchase contract for a show/breeding dog, it is not my intention to discourage anyone from showing.  I also do not have a problem with helping beginners or those that are not very experienced.  In fact, I would love for as many of my puppies as possible to have an opportunity to be exhibited in a conformation or performance show ring.  However, I have been taken advantage of and I have had some puppy sales go bad because of misunderstandings or outright fraud.  I just don't want to deal with the headaches that come about because an agreement is not written down or is not detailed enough. 

As you are thinking about contracts and the specific requirements listed above, try to keep in mind that while my contracts are designed to eliminate any type of misunderstanding and to protect my dogs and my kennel, they protect you, the purchaser, as well.  It's ALWAYS better for everyone to have a detailed agreement in writing! 

If I can help you or answer any questions about my show puppies or my contracts, please feel free to  E-MAIL ME.

 

Thanks,

Cindy

Copyright Sandcastle Kennels 2004

Last revised: December 22, 2005