July 2005


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Karen Clanin <[log in to unmask]>
Reply To:
Farm Collie Breed Conservancy and Restoration <[log in to unmask]>
Tue, 19 Jul 2005 11:16:03 -0700
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At 09:00 PM 7/18/2005, Gina wrote:
>Do you know of any legal challenges to such contracts, and did the contract
>hold up?

Hi Gina, at this time, no  I don't.  One contract I read years ago
stipulated that if for any reason the breeder took buyer to court that the
case would be heard in breeder's county/state and that buyer would pay all
expenses!  It was a pretty detailed contract so perhaps prepared by an

Jana has some good stipulations in her contract.

The breeder of the boxer I purchased years ago from Eastern Canada (think
Kori was born 1979?) gave $25 back for any title earned and if I remember
right her purchase price was $300 + shipping expenses.
I had a clause in my contract that I would pay half the OFA costs if sent a
copy of the OFA report and a copy of the vet bill, my contract explained
that this was to help me know what I was producing, and also quite a few
years ago -- have not bred a litter in 15 years.  Most buyers that did OFA
sent me a copy or report but did not take me up on the 1/2 refund of costs.
My contract also had a clause that if for any reason during the dog's
lifetime the buyer no longer wanted the dog I had first option  to take the
dog back, no half price paid back, it came to me at no cost other than the
shipping.  Buyer had no choice!

Merry -- Most breeders do the CEA test because 7 weeks is the ideal time to
do it and most breeders still have their litters intact at that age.  If
done later some pups at 7 weeks would be affected but later would be
normal, called "go normal" so gives a clouded result of what the pups
really were, so the breeder that wants to know does it before the pups
leave their care.

Here's a difference between myself as a breeder and the breeder of my most
recently purchased puppy, total I paid to get pup here is real close to
$1400, pup was supposed to have CEA test before coming but because breeder
had a week younger litter she wanted to wait to do both litters at the same
time.  this was unacceptable to me as the pup would then be 9 to 10 weeks
old before I got it (she had agreed to ship it at 7 weeks 1 day).  had i
been the breeder i would have refunded the buyer what i would have paid for
that eye test (i agreeded to get the pup tested here when the opportunity
arose, and I will do so, all other pups in litter tested clear so i feel ok
about that part) however this was never offered to me at all.