CONTRACTS ABOUT HAVANESE DOGS AND BREEDERS
Do not trust a website that says:
"We offer LIFETIME support on every puppy we place!"
'lifetime support' may not include financial support for your Havanese dog when things go wrong!!!
Before you sign a contract, become educated by reading...
The Breeder/Buyer Relationship - Guarantees and Ethics by Fred Lanting @ Lanting, F., THE BREEDER/BUYER RELATIONSHIP: GUARANTEES AND ETHICS. Retrieved on May 18 @ http://www.dogstuff.info/breeder_buyer_relationship.html
Below is a Havanese Breeder Contract Sample that I will briefly autopsy for you. Mr. Lanting would do a much better job, I'm sure, as this contract is riddled with problems for the puppy buyer that he discusses in his article!
Havanese Breeder Contract Sample
THIS AGREEMENT: (date)
BETWEEN: (Hereinafter called the Buyer, Owner #1)
AND: (Hereinafter called the Breeder/Sellor/Lessor)
The Buyer is acquiring a show potential Purebred Havanese Pup on a Lease with Breeder for Breeding purposes. CKC registered to Buyer solely.
Both parents are registered as purebred with the Canadian Kennel Club
This puppy has:
Had her Dew claws removed, cardiac and patella’s Vet checked at 8 weeks.
Has had her first vaccinations, + wormings as detailed in health book
Has been tatoo’d:
Is to be named:
D.O.B. Colour: Sex:
The seller further guarantees to the buyer’s a replacement puppy, should the pup have a genetic (hereditary) default where the puppy dies or must be euthanized to save the pup from pain and suffering. Or the Breeder will refund the purchase price within two years of the birth of the said dog if a licensed Vet. states in writing that the dog has a hereditary condition which adversely affects the health of the dog, & upon return of the dog
FOR THE PURPOSE OF GREATER CLARITY; health evaluations or reasons for euthanisation must be substantiated by a report or in case of death, by an autopsy report, by way of a licensed vet of the Buyer’s choice. The Buyer will then supply these reports to a vet of the Seller’s choice for a second opinion. Should there be any discrepancy, then the Buyer has the right to have the reports analyzed by a specialist, at the Buyers expense. If not, then the word of the Seller’s vet will be accepted.
The Seller’s guarantees are valid for 12 months, starting from the pup’s day of birth to the day of the pup’s 1st birthday. These include inherited diseases only that are classified as genetic. No guarantee on bite, gait, colour, size or temperament. No guarantee on health issues or loss of life caused by vaccinations, surgery, flee/tick preparations.
This puppy is guaranteed against Life Threatening Genetic diseases. The Seller will not conform to a replacement pup or refund if the pup has been injured after leaving their hands.
This pup is sold as show potential, and has No DQ faults at 8 weeks, if the pup develops a non environmental DQ fault in the first 12 months, she may be returned to the breeder for a replacement pup, or sold to a pet home, with the help of the Breeder.
The price for this Pick of the litter Pup is $2350 + Txs, PLUS 1 pup owed back agreement.
$2500 or1st pick pup from first or second litter-- to be paid to (Breeder), @ 10 weeks, after 8 week assessment, shots & conf. Health checkup. (The Breeder’s decision on which pup or funds)
This Dog lives with Buyer - all decisions pertaining to health, raising, training, showing organized and conducted by Buyer. All responsibilities, show and vet bills are the Buyers. If $2500 is given instead of pup on the 1st litter (for several reasons, ie: Buyer wants to keep only born female, or fall in love with pick pup, or all boys or only 1 pup born), & the Breeder is in agreement, then the Breeder can have the option to purchase pick pup from next litter for $1500 outright.
This pup is not to be bred unless she passes all health tests” including OFA hips, elbows, LP., OFA Eyes, cardiac + patella checks, starting age 1 & annually”.
Eyes must be certified, and Cardiac and Patella’s Certified, Annually and before each & any breeding, and the buyer must submit to OFA for certification. One Full Blood Panel including thyroid after 12 months.
-Buyer to breed with mutually Approved (Buyer and Breeder) Champion Male stud dogs with health testing as above
If the said dog becomes a breeding dog, then the Buyers agrees: There are only 8 good heath cycles in a bitch. Back to back breeding is recommended and this dog can be bred a maximum of 4 times, unless mutually agreed upon, but can have back to back breedings with a break in between.
Breeding Terms, for puppies, listed below:
If for some reason the pup has to be given up or be considered to be sold, the seller is to be notified first for the right to buy back @ ½ purchase price or less, or first refusal. This dog is not to be purchased for resale. The breeder will help in the rehoming of this dog. The refund varies on the situation and age of the puppy
This pup comes with complimentary pet insurance for 6 weeks.
Pup is out of parents that are certified by a licensed Vet to be of sound health and temperament. The parents and grandparents have been checked by a licensed Vet for Luxating Patella’s, heart and both have received certification from CERF for eyes (Canine Eye Reg. Foundation)
For progressive Retional Atrophy as part of the ongoing process to perpetuate only healthy & high quality Havanese lines. WE have done everything possible to guarantee the eye lines of the above dog, but cannot be held responsible if something does develop in the dogs eyes or patellas.
Do not socialize this puppy in a public place like a PARK, until after 3rd set of shots.
Pups are to be assessed at 8 weeks, and all pet assessed puppies to be placed on CKC non breeding
Contracts. All show puppies to be placed on Non breeding/co-own contracts till testing and title.
Additional Terms for breeding:
Puppy remains in Buyer’s name, as Sole Owner, but she is on a Long Term Lease for breeding purposes only. Stud is chosen between Breeder and Buyer.
It is Expected and Agreed that Breeder will whelp and raise the litters.
Division of puppies is pre-stated but can be renegotiated amicably between Breeder and Buyer upon whelping of the puppies, depending upon the size of the litter and the sex of the puppies.
For greater clarity:
On the first litter ONLY Breeder is owed a pick pup for breeding rights.
Every litter owes a Stud Fee. (Doesn’t have to be a 2nd pick pup, it depends on stud owner terms)
Every litter owes a pup to whelp and raise the litter - not a pick pup)
Breeder will not usually take a first pick pup, if the owner wants to keep it.
I have read the agreement above and on the previous 2 pages and agree to the contents within:
X _________________________ X ________________________ X ______________________
Seller / Leasor Witness Buyer / Owner #1
Exploring the Terminology in a
Havanese Breeder Contract
Whether you are buying a Havanese puppy as a pet or as a show/breeding dog, you need to be contract savvy. Below is a short autopsy of the Havanese Breeder Sample Contract above.
"I do not guarantee life-long health, as some breeders may do. Instead, my breeding program focuses on trying to deter faults - both genetic and physical. By scrutinizing pedigrees and doing health tests on our breeding dogs, it helps me to make sound decisions on who I will breed. Mother Nature takes care of the rest. When dealing with genetics, there is never guarantees."
This quote is a good starting point when you think about what kind of a contract you want for your puppy - one that will protect him or her for life against serious illness. It is important to be aware that these diseases can affect your dog at any stage of his or her life. For example, LCP often becomes known in a puppy before one year of age, while Sebacious Adenitis is a disease that often does not manifest itself until the dog is mature, as in Alice's case.
Many breeders will offer to take a puppy back when it gets sick. The problem with this is that those breeders also know that once a puppy has become part of a family, the family is not likely to send it back to an unknown future. With an older dog, the breeder is less likely to even offer this option because of the difficulty of rehoming the animal.
"Is Mammon your god? That is, are you willing to sacrifice reputation and good will on the altar of money, rather than take a financial loss because a dog you sold proves to be defective and the buyer’s money should be refunded? Will your children starve if you give a buyer his money back, with or without the dog being returned? We all know sellers who have buyers over a barrel because emotional attachments have been cemented with the defective dog. If you can live without the dog (else why would you have sold it in the first place!), work out a compromise to make refund with return of “papers” and proof of neutering. The right thing to do may be to lose more on making the deal right than the buyer does. Go further, and if the buyer will part with his defective pet-family member, find a suitable home or other destiny for the pup at your own expense." The Breeder/Buyer Relationship - Guarantees and Ethics by Fred Lanting @ Lanting, F., THE BREEDER/BUYER RELATIONSHIP: GUARANTEES AND ETHICS. Retrieved on May 18 @ http://www.dogstuff.info/breeder_buyer_relationship.html
Some Key Problem Areas in this Havanese Breeder Contract
1. Medical Considerations - For All Havanese puppies - Pet Quality or Show/Breediing
The first thing you need to see in your contract is a clause that states that the breeder will reimburse you the cost of your Havanese dog to defray the costs of any serious illness if/when one arises. A serious illness can be very costly to your family. Do not agree to a contract that allows the Havanese breeder wiggle room out. List the diseases Havanese are suceptible to that you want coverage for. The Havanese Club of America list is a good startng point:
Legg Perthes (or Legg-Calve-Perthes)
Patellar Luxation (slipped kneecaps)
Add to this list seizures,all autoimmune disorders and the word 'other' and you should be covered.
Clearly in the above Havanese Breeder contract, there is nothing like this. In fact, this Havanese Breeder does not protect the potential Havanese owner from any disease in their animal without substantial cost to the owner for a.) an initial diagnosis and then b.) a second diagnosis from a specialist if the breeder's vet does not concur with the owner's vet.
2. Eyes and Patella - For All Havanese puppies - Pet Quality or Show/Breediing
"For progressive Retional Atrophy as part of the ongoing process to perpetuate only healthy & high quality Havanese lines. WE have done everything possible to guarantee the eye lines of the above dog, but cannot be held responsible if something does develop in the dogs eyes or patellas."
What does this mean? It means that this breeder does not give any quarantee that your dog will not go blind or lame. Period. This is not acceptable. Surely there should be some protection for the owner! Refer to #1!
3. Sole vs Co-Ownership
For show or breeding Havanese dogs, ensure that you own your own dog. Co-ownership presents a variety of issues including an inability to spay your dog without permission of the second owner.
A breeding lease will allow the owner to 'own' their dog but not the breeding rights of the dog. This is a two edged sword - while the owner can now spay the animal without asking permission of the breeder, as in a co-owned contract, the owner has little to no control over any breedings that will be done with the dog/bitch. If you can purchase your dog or bitch open, do so!
3. For Show or Breeding Havanese Bitch
"The price for this Pick of the litter Pup is $2350 + Txs, PLUS 1 pup owed back agreement.
$2500 or1st pick pup from first or second litter-- to be paid to (Breeder), @ 10 weeks, after 8 week assessment, shots & conf. Health checkup. (The Breeder’s decision on which pup or funds)"
This is a very expensive clause. It indicates that you have not paid approximately $2500 including taxes for your girl, but you have actually paid $5000 for the girl with one of her puppies back to the Breeder. And the Breeder can either choose a puppy back or cash if he/she does not like the litter. Ask yourself the question - how much is a puppy from this kennel worth to you?
4. Replacement pick Havanese puppy
"If $2500 is given instead of pup on the 1st litter (for several reasons, ie: Buyer wants to keep only born female, or falls in love with pick pup, or all boys or only 1 pup born), & the Breeder is in agreement, then the Breeder can have the option to purchase pick pup from next litter for $1500 outright."
In this clause, if the Havanese Owner wants to keep the pick puppy, not only does he/she have to pay the Havanese Breeder $2500 for that puppy, but the Breeder has the option to purchase the pick pup from next litter for $1500 outright. In other words, making the decision to keep the pick puppy from the first litter is likely to cost you "$3500.00.
5. If you have a Havanese breeding bitch, do not lock yourself into having the breeder whelp and raise the puppies.
"It is Expected and Agreed that Breeder will whelp and raise the litters." This can be very costly to the puppy owner because the breeder will take a puppy for whelp and a puppy to raise the litter. In this contract, a puppy is worth approximately $2500.00 so having the Breeder whelp and raise your puppies will cost you $5000.00. Also, specify a stud fee in the contract, not the cost of another puppy or that will also cost you $2500 instead of the $1000.00 normally paid.
And what happens if there are not enough puppies to pay the Breeder for a) a first pick puppy, b.) whelp, c) raise and d.) stud? Why....you go into further debt. No puppies for you!
Are these the only issues? No, but they give you some food for thought!
Before you sign a contract, contact Dr. Spilchuk!
Home Care Families for Havanese Bitches Not for Sale
Why anyone would take a Havanese bitch home that they had little long term control over.
- One simple answer is love - sometimes we just fall in love with a dog and will do anything!
- Another reason could be finances - some people cannot afford the cost of a pedigreed dog.
- A final reason could be hope for a free Havanese puppy from a breeding.
I've observed the following occur in Havanese Care Family situations:
1. The Havanese Care Family has to pay all medical bills for the dog.
2. The Havanese breeder refuses to allow a Havanese Care Family to spay a girl even after the girl has had litters of pups and the Care Mom just wants the dog to be a pet.
3. The Havanese Care Family pays for all show entry fees and costs - a championship dog is a huge benefit to the kennel, however.
4. The Havanese Care Family is told they must pay for any stud they want that is outside of the kennel family.
5. The Havanese Care Family gets one puppy back from a bitch in consideration of all of the accumulated costs of owning, raising, caring for and showing the dog during it's lifetime.
6. The Havanese Care Family pays thousands for the privilege of having an important Care Bitch in their home.
7. The Havanese Care Family never really 'owns' the dog.
When I shared with a Havanese breeder this definition of a Havanese Care Family and the consequences, the reply was: "A HAVANESE CARE FAMILY as defined above is CRUEL and taking outright advantage of people. Their bitch could die. Their bitch is not their family dog for periods of time. This situation sucks!"
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