All in all, a very informative evening and an important reminder to review the contracts to see if theirs can be improved. Tonight at the Nanaimo Kennel Club (seriously, join your local kennel club and you too could potentially benefit from such speakers), I had the privilege of hearing from lawyer Jennifer Hubbard talk about contracts, especially breeders` contracts with buyers. It was very informative and I decided to write a blog post based on my notes. A general summary of what a dog breeder contract is is a contract to enforce proper care by a new buyer. It also indicates the welfare that has been brought to their breeding and treatment by the breeder. This is to ensure high standards of care ranging from genetics to the care of the puppy by the breeder during possession. In addition, it can show that the breeder and the new buyer are aware of the genetics, health problems, the quality of the animal or the show, and even the lineage of his puppy. Signing a document that shows both parties` knowledge of the characteristics and performance factors allows the producer or buyer to use the contract as proof of knowledge of the agreement. Here is a list of the usual factors in a dog breeding contract: 3) If I sell or otherwise dispose of the dog, it is a condition for such a sale that the new buyer performs a contract identical to it and I immediately submit a copy to the C.K.C. What do the above requirements mean? Essentially, they prohibit the breeding of the dog mentioned on the form. If the dog is raised intentionally or otherwise, the offspring resulting from such breeding shall not be presented as purebred or shall not be considered purebred in the C.K.C records. It is also important to understand that if the buyer later sells this dog, it cannot be transferred to a new owner unless a second non-breeding agreement signed by him and the new owner is provided to the CCC along with the transfer of ownership request and transfer fee.
Does the buyer of a registered dog that is not subject to breeding receive a certificate? Yes. The buyer receives a special restricted non-breeding registration certificate through the breeder/seller. The special certificate has a red note at the top, which indicates that it is a non-breeding dog and cannot be used for breeding purposes. The certificate itself has «Non-Breeding» printed in bold in green diagonally on the certificate. A dog registered in this way is still eligible to participate in CKC shows and can be registered for obedience and even win its championship title. The requirements of the Livestock Pedigree Act (Canada) continue to apply and the seller cannot refuse to issue the certificate on the basis of a non-breeding agreement. Can a non-reproduction contract be terminated? Yes. The non-breeding contract has been revised so that the consent required for the termination of the contract can be given between the party who originally requested that the dog be transferred in accordance with the non-breeding agreement and the registered owner at the time of the notice of termination. If a non-breeding dog is transferred as a non-breeding animal by the party that originally acquired the dog, the buyer and seller must enter into the required non-breeding contract.
However, the seller may either continue to require that his consent to a subsequent termination of the contract be obtained, or waive his right to be involved in the first place. In both cases, the Seller`s intentions must be indicated in the appropriate section of the revised form. Regardless of the number of termination forms that may need to be obtained to terminate a non-reproduction contract, a fee will be charged to be paid by the party requesting the cancellation. Note: The person who originally registers the dog as a non-breeding animal or who registers such a restriction cannot waive his right to participate in any subsequent termination of the non-breeding contract. When the required fee and cancellation form have been correctly received by CKC, a new unrestricted certificate will be issued to the owner. Will the non-reproduction agreement be applied? Yes. The Canadian Kennel Club does not register the offspring of a registered non-breeding dog. An application for registration of a litter designed or sealed by a registered dog that is not subject to breeding will be rejected by the CCC. What about a dog that is exported to the United States? It should be noted that a dog exported to the United States that is registered as a non-breeding animal in the CKC files is not eligible for registration by the AKC unless the non-breeding contract is terminated and an unqualified certificate is issued by the CKC. shibainus.ca/breeder-contracts-in-bc-and-canada/ 2) The dog may not be used by me or any other person for breeding purposes, and I hereby understand and agree that the offspring of the dog is not eligible for registration in the C.K.C.
records, and such offspring may not be presented as purebred. It will really depend on what`s in your contract. If the contract is ambiguous regarding the consequences of a reproductive injury, you can be fine. Ambiguity in a contract favours the person who did not design it. You can also go back to the breeder and ask him to break this part of the contract. They can be pleasant if it is a pet and no profit is made. I searched for this and came across a site that could be useful. Contract Performance: Any lawyer will tell you that a contract is as strong as it is enforceable. A well-written contract entered into by both parties in «good faith» is legally binding.
It is important to discuss each section of the contract and make any necessary adjustments before signing it. Just as good fences make good neighbors, a good contract clearly defines things so that future problems don`t arise. Puppy contracts are documents that describe everything about a puppy. This should prove that they were well behaved and cared for. It is also useful to prove to the buyer that you are not a backyard breeder. A puppy contract usually includes his pedigree, pedigree, health, vaccinations, and other registration and personal information. Every puppy should have a puppy contract to show that he is registered in a kennel club. This must be indicated with proof that it has been properly bred. Identify the buyer by their legal name. When they say, «Call me Whizzy; everyone calls me that,» that`s fine, but put Throckmorton Twillingsworth III on the contract if it`s on your driver`s license or BCID. The same goes if they buy as a business. I probably hate both of you at this point, but be sure to write down the legal name of the company in its entirety.
Co-ownership: Some breeders keep their name on some or all puppies until certain conditions are met, make sure this is clearly indicated in contact. Puppies with limited registration may have a clause that sterilization and sterilization at a certain time require sterilization and sterilization, and then the breeder will transfer the full registration, this is just another insurance for which the dogs for which they are responsible are not raised irresponsibly. By showing/breeding potential puppies, the breeder can not only keep his name on the dog, but also arrange to show him and, if it works, perhaps raise a litter. If this is the case, it is important to clearly define what the responsibilities of each party are and under what conditions the co-ownership ends. But are dog breeder contracts enforceable? And if so, to what extent and how do you do it? We will look at the legal aspects of dog breeder contracts and find out to what extent each section is enforceable. If you are curious about creating enforceable dog breeder contracts, we will explain how you can achieve this goal. This is a battle for the courts, because legally, dogs are mobile things. Either you own a dog or you don`t. However, it has become clear that for many Canadian families, dogs are considered and treated as family members.
This allows the courts to dispose of movable property that is a family member. which can make them in a bad mood. Identify yourself with your legal name if you operate a sole proprietorship. If you run ABC Kennels but your driver`s license says Jane Doe, the contract should identify you as Jane Doe. If you represent a registered company called ABC Kennels Inc., you are probably a commercial breeder and I probably hate you, but you should legally contact ABC Kennels Inc. (Include The Ltd. and Inc. is very important if you identify yourself in a contract.) Most good breeders will have a contract when you get a dog from them, this protects not only the breeder but also the buyer – by writing it down, it ensures that everyone understands the conditions. Model contracts are available from the Dalmatian Club of America (there are some minor differences between U.S. law and Canada, e.B. in Canada, the breeder must present a registration certificate, but the intent is the same).
This is by no means an exhaustive examination of the subject, but I found it fascinating how contracts are treated in British Columbia and Canadian law (and, I suppose, in U.S. law). I have heard time and time again that contracts for the sale/adoption of dogs are unenforceable. This leads to a better understanding of matter. Excerpts from a C.K.C. publication to frequently asked questions. What is a «non-reproduction agreement»? The Canadian Kennel Club`s non-breeding agreement, in its simplest form, is an agreement between the buyer and seller of a purebred dog that prohibits the subsequent breeding of that dog. When is a non-reproduction agreement applied? This tool is used in cases where the seller (breeder / seller) has decided for various reasons that the dog should not be bred.
It could be used when selling a dog with a defect or error to exclude the spread of the defect; it could be used to prevent the indiscriminate breeding and production of undesirable animals. A conscientious breeder interested in improving the breed should take full advantage of this unique Canadian destiny. .
