CONTRACT LAW - Page 5

Good start!  Concerning the contract, here's a few comments...

* the draft contract only recognizes OFA as a valid means of certifying the dogs' hips - "a"-stamp and PennHIP are also used by GSD enthusiastists, and they are also legitimate methods

* no provisions for soft ears or undescended testicles - a breeder could perhaps argue that a buyer did not tape the ears "correctly", however, to my knowledge there is nothing that a buyer can do to induce the "boys" to drop into the sack

* quality and timing of a replacement puppy - assuming that a buyer would receive a replacement puppy as part of the agreement, what are the guidelines?  This comment comes from the unfortunate personal experience of a friend who received a puppy with dysplasia detected at 7 months of age.  She had to wait 14 months for a replacement puppy, while the breeder had, in the meanwhile, produced 2 or 3 litters of good quality.  Her "replacement" puppy arrived (11 weeks old) from an inferior breeding, with one testicle and an eye condition that required surgery to correct. 

Unfortunately, I do not think it possible to write a contract that covers all possible circumstances.  However, I hope that through constructive critique we can together form a generic contract that covers most of the bases.

Concerning the proposed arbitration board, I believe that this is a good idea in principle, but will be more difficult to effectively implement in practice.  Two potential sticking points:  *who* is on the arbritators' panel, and what *evidence* would be required.  My intent is not to be unnecessarily negative, but rather to bring some potential issues to the table.  The dog world is at times a small world, and how to guarantee that in the case of a dispute that the panel of arbitrators is not biased through friendship or other association with either party involved?   Concerning evidence, what constitutes acceptable "proof" of any accusation? 

Let me be clear that I'm glad this issue is being addressed.  I've had to write my own contracts myself dealing with breeders, and there is certainly no consistency between contracts that are provided by either buyer or seller.  I have myself received a contract that went so far as to stipulate that if even the temperament of the dog was determind faulty by the buyer up to 24 months of age, then a replacement or refund was in order.  In contrast, from another seller, a flimsy one-line email that stated "money back if you're not happy", and I only got that in writing through stubborn insistence.

Yvette

I am so happy that there are people to pass this kind of knowledge on to others. Thank you so much. 

Yes-I'd like to know more also and wouldn't mind to help. Thank you, DaKine K9. Will forward my contract to you also. Thank you!