Owners Corner

Guide to Sales Agreements and Contracts

What's wrong with a contract? Nothing if...

By Carolyn Stewart

Soon after a litter is born, the breeder applies to register the litter to The American Kennel Club. This is done by filing out and submitting a litter registration application form to the AKC. If the AKC accepts the litter application they will send the breeder an individual blue form for each of the pups in the litter. This blue form is called a registration application and will be given by the breeder to each new puppy owner. The new owner will complete the form, and will send it, along with the appropriate fee to the AKC so that the ownership of the pup will be transferred to him or her. This may sound simple, but the purchase of a puppy can lead to frustration, miss-understandings, heart break and legal recourse if the seller and buyer are involved in terms of purchase or breeders contracts.

We feel the best way to purchase a puppy is straight forward with no strings attached. Since that is not always possible, we offer the following information as a guide and to help assist you in making your purchase of a Stafford puppy a happy experience.

The amount of paperwork involved in the purchase of a puppy varies from breeder to breeder. When you purchase an AKC puppy, you should expect to receive a bill of sale or certificate of sale, health records, pedigree, registration application, and a signed copy of any contractual obligations you might have regarding the purchase of your puppy.

Bill of Sale

Receipt of purchase that evidences the transaction between buyer and seller. It should contain the name of the seller and the buyer. A description of the dog, including litter registration number, name of sire and his registration number, and the name of dam and her registration number. Other stipulations may be included, such as health records, terms of ownership, and co-ownership. If co-owned it should contain the terms of co-ownership.

Certificate of Sale

Receipt of purchase that certifies the dog to be sound of health and temperament. A description of the dog, including litter registration number. Name of sire and his registration number, and the name of dam and her registration number. Other stipulations may be included, such as terms of co-ownership, health records, and health guarantee, etc.

Health Records

A record of all the veterinary care, shots, and worming that your puppy received from birth and until the time the puppy leaves for it's new home. Instructions should be included or verbally given for any further booster shots and vet visits needed.

Pedigree

A record of your dog's ancestry that gives the registered names of the dogs in your dog's family tree. It indicates all AKC titles such as championships, obedience and hunting test tittles. A five generation pedigree is best but a three generation is acceptable.

AKC Registration Application

If you would like your dog to participate in dog shows, obedience, or any other AKC activities and events, your dog must be registered. Also, if you intend to breed your dog in the future, your dog must be registered in order for it's litter to be eligible for registration.

When you purchase your Stafford pup, you should receive a registration application (blue form) from your breeder. Each form will have the litter number on it and a unique number for each pup. The color and sex of your pup will be circled and the breeders portion, Section A, on the back, will be filled out and signed by the breeder. There are two boxes on the back and one of them will be checked by the breeder. One box is for limited registration, and the other box is for full registration. Remember, if the puppy is sold with full registration, the dog's offspring are eligible for registration and the dog may compete in all AKC events. If limited registration is granted, the dogs offspring are not eligible for registration and entry in events is restricted.

The name of the new owners, and if co-owned, the name of the co-owner will be filled out by the breeder as well. Section B on the back is designated for the signatures of the new owner and co-owner.

Once filled out the registration application along with the appropriate fee, should be sent to The American Kennel Club. The official registration with your name designated as the new owner will be sent to you from the AKC within three weeks.

Co-ownership Agreement

An arrangement between parties stating that a dog is owned by more than one individual. Any litter whelped by a dog that is co-owned is considered to be the property of both the owner and co-owner, unless there is a written agreement that stipulates otherwise. A litter cannot be registered with out the signatures of both individuals on the litter registration application form.

Some breeders insist upon co-ownership of the pups they sell. They justify this by stating that "an ethical breeder really cares what happens to the puppy and would like to be there to help and guide you in your future breeding or show endeavors." What they really mean is - we don't trust you to adequately care for this pup, so we will retain 50 % ownership of the dog as insurance.

We believe that anyone who purchases a puppy or a dog outright and without other contractual obligations, should be entitled to full ownership. An ethical breeder will always welcome any questions, or concerns you may have about your puppy, now and in the future without co-ownership. The AKC recommends that co-ownership be avoided.

Contracts

Spay/Neuter Contracts: A written agreement between buyer and seller to the effect that AKC registration papers will not be given to the buyer until the seller has been furnished with evidence that the dog has been neutered or spayed. If a dog is sold under such conditions, it is important that the agreement be signed by the buyer before the dog leaves the sellers premises. Many breeders using this type of agreement indicate clauses that stipulate the dog must be spayed/neutered by a certain age.

Stud Contracts: Agreements between individuals concerning stud fees should be in writing and clearly state all obligations and circumstances. The contract should be signed by all parties and each signer should receive a copy.

The stud fee is set by the stud dog's owner. The method of payment may differ. The stud owner may request a cash fee, pick of the litter, one or more puppies from the resulting litter, etc. The collection of the stud fee is the stud owner's responsibility.

Contract for Lease of Bitch: A written agreement between Lessor (owner of the bitch) and lessee to keep the bitch for a period of time - usually for breeding purposes. The lessee may pay a fee to the owner for this privilege. The fee is set by the lessor and may consist of one-half of a litter or litters as payment. This agreement will contain clauses that stipulate the terms.

Breeders Contract: A written agreement between buyer and seller to the effect that the buyer will purchase a bitch puppy for less than the original price. The buyer will agree to breed the bitch and seller will receive pick of the litter or one or more puppies from the resulting litter. Seller will be the co-owner of the bitch until the contract is fulfilled. At that time the seller agrees to relinquish co-ownership, and the buyer will become the full owner of the bitch.

A breeders contract contains clauses that stipulate the terms. It is important that the buyer fully understands and agrees to these terms before signing. The contract should be signed by both parties and each signer should receive a copy.

For more information on tips and contracts visit the AKC web site.

Stoutheart Staffordshire Bull Terriers refrains from entering into contracts. We provide a certificate of sale, health records, pedigree, and registration application to all new puppy owners. We will enter into a breeders contract occasionally. When we do, the contract is simple and easy to understand.

The following are examples of the certificate of sale and the breeders contract we prefer:

STOUTHEART STAFFORDSHIRE BULL TERRIERS

Certificate of Sale

This sales contract is made this __________ day of ___________ year ______________ between Terry and Carolyn Stewart, hereinafter referred to as the sellers and, ______________________________________________________________________ ______________________________________________________________________ hereinafter referred to as the buyer.

The sellers agree to sell and hereby do sell a Staffordshire Bull Terrier of
_____ female _____ male sex, whelped on ____________ litter
reg._______________ and sired by________________________________
AKC Reg.____________________
out of_____________________________________
AKC Reg____________________
for the sum of ________ paid in full on_______________.

Sellers certify that this dog is of sound body and temperament, and in good health and free of communicable diseases to all outward appearances. Sellers will provide health records regarding the then current status of veterinary care, vaccinations and worming at the time of delivery of the dog.

Sellers will provide a five generation pedigree and American Kennel Club registration application or proof of pending litter registration as part of the purchase price.

The sellers certify that, to the best of their knowledge, this dog is free from all hereditary disabling diseases and agree to replace this dog upon return of the dog, if a hereditary disabling or terminal disease appeared within one year of date of sale. Such condition shall be certified by both the seller's and the buyer's veterinarian.

The sellers shall retain the option of registering the dog under their kennel prefix (Stoutheart).

Buyer certifies that this dog will not be used in any form of inhumane treatment of itself or any other animal, including dog fighting, pitting, or rolling, or breeding or training for these purposes, or any other illegal activities of this sort. If convicted in a court of law for activities of this sort, this sales contract becomes null and void, and buyer will return the above described dog to sellers. Buyer will forfeit any and all monies paid to sellers for this dog.

If buyer becomes unable to keep this dog, he/she will contact the breeders. The breeder retains the right to purchase or will assist buyer in finding a new home for the dog.

Signed on this date:_______________

Seller,_________________________________

Buyer,_________________________________

STOUTHEART STAFFORDSHIRE BULL TERRIERS

Sales and Breeding Contract

This sales contract is made this ___ day of ___year _____ between Terry and Carolyn Stewart hereinafter referred to as the sellers and _______________________________. Hereinafter referred to as the Buyer/s.

The sellers agree to sell and hereby do sell a Staffordshire Bull Terrier of ___ female___male sex, whelped on ________ and sired by _________________________________ __________________
A.K.C. Reg. ______________________out of
____________________________________ _______________
A.K.C. Reg____________
for the sum of ______ paid in full on ________.

Sellers will provide a five generation pedigree and American Kennel Club registration application or proof of pending litter registration as part of the purchase price.

The sellers certify that, to the best of their knowledge, this dog is free from all hereditary disabling diseases and agree to replace this dog upon return of the dog, if a hereditary disabling or terminal disease appears within one year of date of sale. Such a condition shall be certified by both the seller's and buyer's veterinarian.

Buyer agrees that, in lieu of a higher purchase price that he/she will be the registered co-owner of this dog, and sellers will be the registered owners on the AKC registration certificate, which sellers will retain until the following terms are fulfilled:

1. Buyer agrees to breed this bitch to a dog of the sellers choice. Seller will retain co-ownership of this bitch until a litter is produced. Seller will take their pick of ___ puppies from this litter, the remainder to become the property of the buyer.
2. Buyer agrees to maintain this bitch in a healthy condition and to keep inoculations current.
3. Buyer will pay all costs incident to the breeding, gestation, whelping and rearing of the litter.
4. Seller shall retain the option of registering the litter under their kennel prefix (Stoutheart).
5. Buyer will not spay this bitch unless the life of the dog is in jeopardy. Seller retains the right to have their veterinarian examine the dog to obtain an opinion as to the condition of the dog.

Upon completion of these conditions sellers will transfer sole ownership of the above described dog to the buyer.

Non performance of this contract will result in forfeiture of dog to sellers. Any legal costs for this action will be the responsibility of the buyers.

If buyer becomes unable to keep this dog, he/she will contact the breeders. The breeder retains the right to purchase or will assist buyer in finding a new home for the dog.

Signed:

Seller __________________________________________

Buyer __________________________________________

Date __________________________________________