Guide to Sales Agreements
and Contracts
What's wrong with a
contract? Nothing if...
By Carolyn Stewart
Soon after a litter is born, the breeder applies to register the litter to
The American Kennel Club. This is done by filing out and submitting a
litter registration application form to the AKC. If the AKC accepts the
litter application they will send the breeder an individual blue form for
each of the pups in the litter. This blue form is called a registration
application and will be given by the breeder to each new puppy owner. The new
owner will complete the form, and will send it, along with the appropriate fee
to the AKC so that the ownership of the pup will be transferred to him or
her. This may sound simple, but the purchase of a puppy can lead to
frustration, miss-understandings, heart break and legal recourse if the
seller and buyer are involved in terms of purchase or breeders contracts.
We feel the best way to purchase a puppy is straight forward with no
strings attached. Since that is not always possible, we offer the
following information as a guide and to help assist you in making your
purchase of a Stafford puppy a happy experience.
The amount of paperwork involved in the purchase of a puppy varies from
breeder to breeder. When you purchase an AKC puppy, you should expect to
receive a bill of sale or certificate of sale, health records, pedigree,
registration application, and a signed copy of any contractual
obligations you might have regarding the purchase of your puppy.
BILL OF SALE
Receipt of purchase that evidences the transaction between buyer and
seller. It should contain the name of the seller and the buyer. A
description of the dog, including litter registration number, name of
sire and his registration number, and the name of dam and her
registration number. Other stipulations may be included, such as health records,
terms of ownership, and co-ownership. If co-owned it should contain the
terms of co-ownership.
CERTIFICATE OF SALE
Receipt of purchase that certifies the dog to be sound of health and
temperament. A description of the dog, including litter registration
number. Name of sire and his registration number, and the name of dam and
her registration number. Other stipulations may be included, such as
terms of co-ownership, health records, and health guarantee, etc.
HEALTH RECORDS
A record of all the veterinary care, shots, and worming that your puppy
received from birth and until the time the puppy leaves for it's new
home. Instructions should be included or verbally given for any further
booster shots and vet visits needed.
PEDIGREE
A record of your dog's ancestry that gives the registered names of the
dogs in your dog's family tree. It indicates all AKC titles such as
championships, obedience and hunting test tittles. A five generation
pedigree is best but a three generation is acceptable.
REGISTRATION APPLICATION
If you would like your dog to participate in dog shows, obedience, or any
other AKC activities and events, your dog must be registered. Also, if
you intend to breed your dog in the future, your dog must be registered
in order for it's litter to be eligible for registration.
When you purchase your Stafford pup, you should receive a registration
application (blue form) from your breeder. Each form will have the litter
number on it and a unique number for each pup. The color and sex of your
pup will be circled and the breeders portion, Section A, on the back,
will be filled out and signed by the breeder. There are two boxes on the
back and one of them will be checked by the breeder. One box is for limited
registration, and the other box is for full registration. Remember, if the puppy
is sold with full registration, the dog's offspring are eligible for
registration and the dog may compete in all AKC events. If limited
registration is granted, the dogs offspring are not eligible for
registration and entry in events is restricted.
The name of the new owners, and if co-owned, the name of the co-owner will
be filled out by the breeder as well. Section B on the back is designated
for the signatures of the new owner and co-owner.
Once filled out the registration application along with the appropriate
fee, should be sent to The American Kennel Club. The official
registration with your name designated as the new owner will be sent to
you from the AKC within three weeks.
Co-ownership Agreement
An arrangement between parties stating that a dog is owned by more than
one individual. Any litter whelped by a dog that is co-owned is
considered to be the property of both the owner and co-owner, unless
there is a written agreement that stipulates otherwise. A litter cannot
be registered with out the signatures of both individuals on the litter
registration application form.
Some breeders insist upon co-ownership of the pups they sell. They justify
this by stating that "an ethical breeder really cares what happens
to the puppy and would like to be there to help and guide you in your
future breeding or show endeavors." What they really mean is - we
don't trust you to adequately care for this pup, so we will retain 50 % ownership
of the dog as insurance.
We believe that anyone who purchases a puppy or a dog outright and without
other contractual obligations, should be entitled to full ownership. An
ethical breeder will always welcome any questions, or concerns you may
have about your puppy, now and in the future without co-ownership. The
AKC recommends that co-ownership be avoided.
CONTRACTS
Spay/Neuter Contracts: A written
agreement between buyer and seller to the effect that AKC registration
papers will not be given to the buyer until the seller has been furnished
with evidence that the dog has been neutered or spayed. If a dog is sold under such
conditions, it is important that the agreement be signed by the buyer before the
dog leaves the sellers premises. Many breeders using this type of
agreement indicate clauses that stipulate the dog must be spayed/neutered
by a certain age.
Stud Contracts: Agreements between
individuals concerning stud fees should be in writing and clearly state
all obligations and circumstances. The contract should be signed by all
parties and each signer should receive a copy.
The stud fee is set by the stud dog's owner. The method of payment may
differ. The stud owner may request a cash fee, pick of the litter, one or
more puppies from the resulting litter, etc. The collection of the stud
fee is the stud owner's responsibility.
Contract for Lease of Bitch: A written
agreement between Lessor (owner of the bitch) and lessee to keep the
bitch for a period of time - usually for breeding purposes. The lessee
may pay a fee to the owner for this privilege. The fee is set by the lessor and
may consist of one-half of a litter or litters as payment. This agreement
will contain clauses that stipulate the terms.
Breeders Contract: A written agreement
between buyer and seller to the effect that the buyer will purchase a
bitch puppy for less than the original price. The buyer will agree to breed
the bitch and seller will receive pick of the litter or one or more puppies from
the resulting litter. Seller will be the co-owner of the bitch until the
contract is fulfilled. At that time the seller agrees to relinquish
co-ownership, and the buyer will become the full owner of the bitch.
A breeders contract contains clauses that stipulate the terms. It is
important that the buyer fully understands and agrees to these terms
before signing. The contract should be signed by both parties and each
signer should receive a copy.
For more information on tips and contracts visit the AKC
web site .
Stoutheart Staffordshire Bull Terriers refrains from entering into
contracts. We provide a certificate of sale, health records, pedigree,
and registration application to all new puppy owners. We will enter into
a breeders contract occasionally. When we do, the contract is simple and
easy to understand.
The following is an example of the certificate of sale and the breeders
contract we prefer.
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STOUTHEART STAFFORDSHIRE BULL
TERRIERS
Certificate of Sale
This sales contract is made this __________ day of ___________ year
______________ between Terry and Carolyn Stewart. Hereinafter
referred to as the sellers and, ______________________________________________________________________
______________________________________________________________________
hereinafter referred to as the buyer.
The sellers agree to sell and hereby do sell a Staffordshire Bull
Terrier of
_____ female _____ male sex, whelped on ____________ litter
reg._______________ and sired by________________________________
AKC Reg.____________________
out of_____________________________________
AKC Reg____________________
for the sum of ________ paid in full on_______________.
Sellers certify that this dog is of sound body and temperament, and
in good health and free of communicable diseases to all outward
appearances. Sellers will provide health records regarding the
then current status of veterinary care, vaccinations and
worming at the time of delivery of the dog.
Sellers will provide a five generation pedigree and American Kennel
Club registration application or proof of pending litter
registration as part of the purchase price.
The sellers certify that, to the best of their knowledge, this dog
is free from all hereditary disabling diseases and agree to
replace this dog upon return of the dog, if a hereditary
disabling or terminal disease appeared within one year of date
of sale. Such condition shall be certified by both the seller's and
the buyer's veterinarian.
The sellers shall retain the option of registering the dog under
their kennel prefix (Stoutheart).
Buyer certifies that this dog will not be used in any form of
inhumane treatment of itself or any other animal, including dog
fighting, pitting, or rolling, or breeding or training for
these purposes, or any other illegal activities of this sort.
If convicted in a court of law for activities of this sort, this sales
contract becomes null and void, and buyer will return the above
described dog to sellers. Buyer will forfeit any and all monies
paid to sellers for this dog.
If buyer becomes unable to keep this dog, he/she will contact the
breeders. The breeder retains the right to purchase or will
assist buyer in finding a new home for the dog.
Signed on this date:_______________
Seller,_________________________________
Buyer,_________________________________
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STOUTHEART STAFFORDSHIRE BULL TERRIERS
SALES AND BREEDING CONTRACT
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This sales contract is made this ___ day of ___year _____ between
Terry and Carolyn Stewart hereinafter referred to as the
sellers and
_______________________________. Hereinafter referred to as the
Buyer/s.
The sellers agree to sell and hereby do sell a Staffordshire Bull
Terrier
of ___ female___male sex, whelped on ________ and sired by
_________________________________ __________________
A.K.C. Reg. ______________________out of
____________________________________ _______________
A.K.C. Reg____________for the sum of ______ paid in full on
________
Sellers certify that this dog is of sound body and temperament, and
in good health and free of communicable diseases to all outward
appearances. Sellers will provide health records regarding the
then current status of veterinary care, vaccinations and
worming at the time of delivery of the dog.
Sellers will provide a five generation pedigree and American Kennel
Club registration application or proof of pending litter
registration as part of the purchase price.
The sellers certify that, to the best of their knowledge, this dog
is free from all hereditary disabling diseases and agree to
replace this dog upon return of the dog, if a hereditary
disabling or terminal disease appears within one year of date
of sale. Such a condition shall be certified by both the seller's and
buyer's veterinarian.
Buyer certifies that this dog will not be used in any form of
inhumane treatment of itself or any other animal, including dog
fighting, pitting, or rolling, or breeding or training for
these purposes, or any other illegal activities of this sort.
If convicted in a court of law for activities of this sort, this sales
contract becomes null and void, and buyer will return the above
described dog to sellers. Buyer will forfeit any and all monies
paid to sellers for this dog.
Buyer agrees that, in lieu of a higher purchase price that he/she
will be the registered co-owner of this dog, and sellers will
be the registered owners on the AKC registration certificate,
which sellers will retain until the following terms are
fulfilled:
1. Buyer agrees to breed this bitch to a dog of the sellers choice.
Seller will retain co-ownership of this bitch until a litter is
produced. Seller will take their pick of ___ puppies from this
litter, the remainder to become the property of the buyer.
2. Buyer agrees to maintain this bitch in a healthy condition and
to keep inoculations current.
3. Buyer will pay all costs incident to the breeding, gestation,
whelping and rearing of the litter.
4. Seller shall retain the option of registering the litter under
their kennel prefix (Stoutheart).
5. Buyer will not spay this bitch unless the life of the dog is in
jeopardy. Seller retains the right to have their veterinarian
examine the dog to obtain an opinion as to the condition of the
dog.
Upon completion of these conditions sellers will transfer sole
ownership of the above described dog to the buyer.
Non performance of this contract will result in forfeiture of dog
to sellers. Any legal costs for this action will be the
responsibility of the buyers.
If buyer becomes unable to keep this dog, he/she will contact the
breeders. The breeder retains the right to purchase or will
assist buyer in finding a new home for the dog.
Signed:
Seller __________________________________________
Buyer __________________________________________
Date __________________________________________
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