Contracts
By Kathy Jacobsen
You are searching for that special puppy. Chatted with a few breeders. When it comes to talking turkey the word contract surfaces. This can sometimes cause concern for the new bulldog owner, especially if the contract is written in legalize and you don’t speak legalize. For the purpose of this article I am going to touch on several different types of contracts that we use when placing a puppy in a new home. I will describe the general purpose of each type of contract. If you have questions you can call us and we will be happy to respond to your questions.
1. Spay Neuter Pet contract. This is our basic contract. When we place puppies we do so with the understanding that after careful assessment on our part this puppy is deemed a pet. We, as breeders, would not breed it so it is not to be bred. The pup is a pet, plain and simple. The contract is designed to protect the puppy and our breeding lines.
a. Spay / neuter terms: between the ages of 6 months and 9 months the pup must be altered. Once done the new owners will receive their paperwork and they can register their new pup with AKC.
b. First right of refusal clause. Which means we don’t care what the reason may be. If you cannot keep the puppy, the puppy comes back to us and we will rehome it. Our pups are NEVER to be surrendered to a rescue or shelter.
c. Basic hygiene requirements and training requirements are included.
d. Basic identification requirements are spelled out, each pup receives a microchip and must be tattooed at 6 months of age. At the same time we will reassess the pup from a conformation standpoint.
e. We provide pet sitting services for all owners who go on vacation or business trips etc. – our pups are NEVER to see the inside of a boarding kennel.
f. We recommend a will with instructions on the placement of the puppy should something happen to you, the owners.
g. A health guarantee is spelled out.
h. There are penalty clauses for non compliance – standard for any contract.
2. Show Potential Rider:
a. If we think we may have placed a show potential pup in a pet home we will negotiate a show Rider. Which basically means the pup will be shown by the owners or us until either it finishes its Championship or we determine the pup really isn’t turning out as we expected. Then the Spay/Neuter Contract is re-instated.
3.
Co-Own
Contract:
a. We reserve this contract for new people who want to get started in the Sport of Dogs with a Bulldog or for established breeders who are interested in our dogs. Regardless of whether it is a bitch or a dog.
b. We co-own the dog/bitch until it finishes its’ Championship or a joint decision to stop showing is made.
c. If the newbie is really interested in getting started and wants to breed her bitch we encourage conversation and discussion with regards to stud dogs to be used. Exploring all the pluses and minuses together as a learning experience for both newbie and breeder.
d. This contract, in the case of a bitch, carries a second pick pup back from the bitches’ first litter, depending on the number of live get. Then all rights are signed over to the owner, and the girl belongs to the new owners free and clear.
e. There are other provisions, such as price reductions for certain agreements, etc. These are minimally used and we NEVER require our pet people to breed our girls. We keep all breeding eligible stock on premises.
f. If it is a male and has excellent potential to improve the breed we will negotiate a Stud Contract that will enable us to use him on our own stock.
g. If it is a newbie to the breed we will mentor the co-owner with regards to which bitches would be good candidates to breed the male to and encourage discussion as to why which includes a pedigree review and review of any progeny from the bitch to date..
In all of our contracts,
1. It is a standard clause that we are available to our puppy people 24 x 7, regardless of the issues – except if they are doing something cute – that can wait till the morning.
2. All puppy people must maintain contact with us at least once a year. More frequently if they like. Each and every pup we place regardless of whether it is a pet or a show potential pup – is, in fact, a part of our breeding program. If we don’t track them all in some manner, how can we truly know what we are producing and where we may have gone wrong.
3. We firmly believe, that we are ultimately responsible for each and every pup we put on this good earth. That is a major part of being a RESPONSIBLE breeder. The more I know about what I have produced, the better decisions I can make going forward so I do not make the same mistakes and can successfully improve the breed we love so dearly.
Now let’s talk about a contract scheme that makes my skin crawl. You, as a consumer, should think twice before entering into. Each breeder handles their business part of this hobby differently. It is the ones that use the public to extend their own kennels that worry me. They are not truly teaching or responsible for what they are producing. They are using the pet person as an extension of their own kennel.
The biggest offender in my book is the infamous Pyramid Scheme contract. Where the breeder sells you a bitch for minimal cost or gives her to you for nothing and then requires anywhere from ½ to the entire litter back (average of 4-6 pups) and expects the pet owner to breed and surrender pups from every litter produced until the bitch is spayed and retired from breeding. The breeder controls the breedings’ by telling the pet person what dog they will breed to. Then leaves them on their own to whelp a litter of pups with minimal support. Or the other side of the coin is that the breeder will take the bitch, whelp the pups and give the bitch back 8 weeks post whelp minus the entire litter.
Here are some things to think about when a breeder makes this kind of offer:
1. Have they explained all the risks of pregnancy to you or have they downplayed the fact that pregnancy in the bulldog is a high risk endeavor? Each time you breed your girl you put her and her pups at risk. Things do happen and in the hands of someone new and unfamiliar with the breed that’s just not fair, in my book.
2. If you are new to the breed and want to get started showing, how does the breeder selecting the stud for you help you understand why that particular dog would go well with your girl.
3. How does the breeder taking back the pick pups (whether it be the 1st, 3rd and 5th pick in one litter and the 2nd, 4th and 6th pick from the next litter or even the entire litter) enable you to get started with a show pup from your own litter. In most cases this breeder is looking for something specific and is making sure that it is part of their picks. After all how would you know what is a show specimen vs pet – when the breeder is telling you what to do and not teaching you why the selections are being made, or making time to help you understand what the pedigree is saying.
4. How does the breeder having his/her kennel name on everything allow you to get established in the show ring.
5. Why would you want to pay over and over again for the one bitch that you got for free or at a reduced cost.
i. Here’s an example:
ii. Say your girl is a good producer and she has 6 pups in each of 3 litters.
iii. In todays environment – 2009 – a bulldog pup sells for between $3000 & $3500. Let’s use the midpoint for this example.
1. 3 pups the first litter x $3250 = $9750
2. 3 pups from the next litter x $3250 = $9750
3. 3 pups from her final litter c $3250 = $9750
4. Guess what – you just paid $29,250.00 for your girl.
5. Now I ask you, does that seem like a deal you really want to take part in – I wouldn’t.
iv. Of course there are some things to consider – does the breeder offer to whelp and raise the entire litter – that’s a lot of work and a pup or 2 in return would pay for it. Or are you raising the entire litter by yourself – then you should reap what you have sown.
v. Is the breeder willing to act as a mentor and interested in teaching you and allowing you to take part in the stud dog selection? Is the breeder willing to sit down with you and help you understand what the pedigree is telling you and why a certain kennel would hurt or benefit joining with your girl.
vi. You have to weigh the value of these types of things when looking at the entire contract and situation.
The bottom line is:
If it sounds too good to be true
then it most likely is too good to be true.
CAVEAT EMPTOR
Let the buyer be ware.
It is very important that you read any contract that is presented to you carefully. Take your time, ask questions, ask for clarifications and most of all suggest changes. If the breeder is unwilling to make concessions then this is not the person you will want to do business with. Find another breeder and start again. I know it is difficult, however, the choice is yours. To be scammed or not is in your control.
I hope this article was enlightening and helps in your future interactions with Bulldog Breeders.