Puppy Contracts, 50% discount for replacement? - Page 7

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by JohnHe2 on 22 February 2008 - 15:02

So people..... first off all, I never sell puppy's with a contract... when I see contracts as I have seen in websites from people who wrote here... I got grey hair....

Buying dogs is buying with someone you trust, If someone offers me a contract for buying a dog... I won't trust this breeder...

I co-own dogs with the most famous breeders in Germany... never had a contract...  and never had problems, I co-owned one dog with a breeder in the States... with contract... had a lot off problems... and... still waiting on a lot off money (from expenses as written in the contract) so... what would you do in the future...

Displasia.... till today I never have sold a dog bred in my kennel with displasia... just one exception.... I went to see the puppy 4 times, over the winter the dog was in a kennel... no roof... nothing to hide from wind ore cold... snow in his sleeping box..... this dog had one bad hip.... do you think I would replace it ore give the guy his money back..... NEVER THOUGHT ON THAT..... 

But remember.... I NEVER say the I won't replace a dog with problems (also other as hip ore elbow problems), it's just a matter off trust...


by Blitzen on 22 February 2008 - 16:02

Darylehret, you still did not say how you yourself determine which is genetic HD and which is environmental. That's where the wiggle room comes into play for you since you can in theory refuse to refund/replace any dysplastic dog simply by saying - nope,  it's not the genetic kind too bad; you fed the dog the wrong food....let the dog run too much...let the pup get too fat.....pick one. Now you're saying "hips are limited to 2 years" but your contract says the hip guarantee is void after 13 months. Which is it?  "Because we the breeder have no control over how you feed, exercise, or what activites you are involved in with your pup we can only offer a replacement for Genetic Hip Dysplasia that developes by the time the pup is one year old. This replacement warrantie expires at 13 months." I'm not contradicting you, YOU are contradicting you and what your contract says. Is it 12 months or 2 years and how would you decide if a dog you bred with HD got it because its in the genes or because the owner did something wrong?

Look, I'm  not picking on you, I don't know you and you are the one who came to this thread touting  your great and fair contract so I read it and it's not what you say it is. Should I not ask you questions about that and let some newbie buy one of your dogs without their knowing the right questions to ask? If you don't want anyone to question some of your provisions, then maybe  you shouldn't have called attention to your contract in the first place? Your contract is not clear, makes no definition of how you determine the cause of the HD - genetic or environmental. You also say if the buyer doesn't  use your kennel name to register the dog, the contract is null and void. Since AKC says the owner has the right to name to dog anything he or she wants, how can  you expect it is legal to enforce that? Your contract is apt to get you into as much trouble as it will a buyer.  Have you showed it to the person here who is working on helping breeders write sales contracts? If not, maybe you should.

 

Yes, there are OFA stats that state the percentages of dogs that clear at 12 months, but do not get numbers at 24. I'll see if I can find them for you. They are not high.  If your really want to know about GSD's why don't you start a new thread asking how many have had that happen with thier own dogs? A few have already said here their pups cleared on a prelim, but did not get certified at 24 months. There are probably as many dogs that clear at 12 months but not at 24 as there are dog with HD that have tit due to eating the wrong food and not what they inherited from their parents.

Where did you get your statistics regarding the 20 -30% genetic?


by Blitzen on 22 February 2008 - 16:02

JohnHe2, it's certainly your choice to sell your dogs without written contracts. No law against that as far as I know.


by Blitzen on 22 February 2008 - 17:02

http://www.offa.org/faq.html#10

read question #10, Ehret.

http://www.offa.org/hipprelim.html

Information about preliminary x-rays


by Blitzen on 22 February 2008 - 18:02

It is spelled H-I-P  D-Y-S-P-L-A-S-I-A.


darylehret

by darylehret on 22 February 2008 - 20:02

That's just it.  I don't determine if HD is genetic or environmental, a veterinarian does.  I'm not qualified to make that assumption.  Read carefully.  The hip guarantee is STILL two years, but you must have a prelim at one year.  Read carefully.

If you're interested in starting an off-topic pissing match, do it in a different thread.  This topic is about guaranteed replacement, not the cause of HD.  If any other nutcase feels more comfortable or compelled to purchase a dog without a guarantee than with one, your sense of reasoning escapes me.

Since AKC says the owner has the right to name to dog anything he or she wants, how can  you expect it is legal to enforce that?

 Because it's written on their papers, y'know the ones the breeder signs.

 


by Blitzen on 22 February 2008 - 20:02

Again and for the last time - your contract does NOT say hips are guaranteed for 24 months, it says 12 and void at 13 months.  If I missed that part, why don't you quote it here so we can all read it. If you intend it to be 24 months, you'd better change the wording. And you cannot violate AKC rules regarding the registering of individual puppies because YOU say so and "because it's written on the papers, y'know the one the breeder signs". I'm not even sure what you meant by that, but let me just tell you the facts - YOU are not permitted to fill in any of the dog's name on the registration papers UNLESS you register the dog in your name and then transfer it to the new owner. Don't take my word for that, ask AKC.  The dog belongs to the nuyer and the buyer gets to name it anything he wants period.

Don't accuse me of starting an "off topic pissing match". You are the one who jumped in here telling everyone what a great contract you offer, you opened the subject not me.  If you are as ahonest as you want everyone to think you are, why do you  object to being asked questions about your contract? 

If you had any knowledge at all about HD you would know better than to say a vet determines whether or not it is genetic or environmental. It is impossible to know what causes HD. No one knows that. 

Your mumbo jumbo is exactly how breeders sneak out of honoring contracts. 


by Blitzen on 22 February 2008 - 21:02

"The puppy will be free of GENETIC hip dysphagia for the first year of life. The Puppy must be xrayed at the age of One Year (within 4 weeks of the birth date) by a licensed veterinarian certifed and skilled at producing hip xrays for OFA evaluation. The xrays must be submitted to OFA for evaluation and a copy of the xray also sent to______ German Shepherds. The puppy is guaranteed by the seller to certify in the premininary OFA report as being excellent, good or fair. ............we can only offer a replacement for
Genetic Hip Dysphagia that developes by the time the pup is one year old....this replacement warranty expires at age 13 months."


by Speaknow on 22 February 2008 - 22:02

I own modicum of legal, commercial and dog ken, darylehret, and feel Blitzen is being rather benign over your ‘contract’. Wording, definition-wise and more generally, and quite apart from the hip warranty, it tokens of the nonsensical; and no, I’m not going to write a lengthy post in order to tear it apart point by point! Advertising only locally, and as for John I’ve never used a formal contract either – I much prefer to meet with buyers in person to see what sort of people they are and what makes them ‘tick.’ Once pup is agreed upon, I send e-mail (or letter in few cases) detailing what was verbally agreed previous, expecting to see some sort acknowledgement in kind before handing over pup or receiving payment (also don’t deal in deposits). I’ve never been asked to take a pup back and wouldn’t anyway – if some subsequent problem does arise (and I’ve only had a few minor ones) I remit cheque for appropriate seeming (as within particular buyer's circumstance, mutually agreed amount. Blitzen is taken by limited registration/breeding restriction – personally I’d never buy a pup on that basis.

AgarPhranicniStraze1

by AgarPhranicniStraze1 on 23 February 2008 - 00:02

In today's world contracts are put in place to protect against misunderstandings that could potentially end up in court.  Let's say you have a dispute about your purchase and you sue, what is the first thing the magistrate is gonna ask?  Do you have a contract?  If you say no then that makes their job even more difficult in deciding who's in the right.

I have no problems with contracts. My business revolves around them on a daily basis.  I have some clients I've been dealing with for so long that we have established a good enough repor that if we get around to a contract fine, if we don't no big deal because we'll work out whatever if any differences there are.  But if you're dealing with total strangers IMO I think you're doing a great injustice to yourself and buyer by not placing things in some form in writting.






 


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