Puppy Sale Contracts: What They Are & Why You Need One

If you are spending a significant amount of money on the purchase of a pedigree puppy, it is vital to ensure that you and the breeder draw up a formal contract between you to cover the terms and conditions of the sale. Many professional or regular breeders will already have a standard contract that they use for this purpose, but even if this is the case, it is important that the potential puppy buyer understands what information should be contained within a sale contract, and agrees that it is fit for purpose and covers the interests of both parties.

Puppy buying isn’t something that most of us undertake on a regular basis, so understandably, the layperson will not generally have a good grasp of what a puppy sale contract should state! In this article, we will outline for you the information that should be contained within a thorough and inclusive puppy sale contract, to either help you to draw up your own contract or to check that the breeder’s contract is fit for purpose and protects your interests.

Details of the people and the puppy

The first section of the contract should state the name, address and contact details for both the buyer and the seller of the puppy, and the information on the puppy itself. This should include the dog’s formal name as registered with The Kennel Club, The Kennel Club registration number for the puppy, and a description of the breed of dog. It should also notate the sex and colour of the puppy, its date of birth, and if it has been microchipped, the microchip number.

Health and welfare declaration

It is the responsibility of the breeder to ensure as far as they are reasonably able to, that every puppy they rear is healthy, well and properly looked after prior to the sale.

This section should state that the breeder has taken reasonable care to ensure that the decision to breed, the health of the dog and the welfare of the dam of the puppies has been taken care of, and that the breeder is selling the dog in good faith and believes it to be in good health. It is normal to add a caveat that no warranties are made as part of this declaration, and that the breeder cannot guarantee the temperament or ongoing health of the dog.

It should also be stated that the breeder has taken reasonable steps by means of genetic testing where relevant to ensure that the puppy will not be prone to any inherited health defects, and the results of any health testing should be provided to the buyer.

The contract should state whether or not the puppy has been examined by a vet prior to sale, and include the results of the vet’s findings if applicable. If the puppy has not been examined by a vet, the contract should recommend the buyer have the puppy examined within seven days of the sale to ensure any health issues are identified early.

Rights of return

This section should clearly outline the buyer’s rights of return for the puppy, and under what circumstances the breeder agrees to take the puppy back and return the purchase price.

Any known problems or defects with the puppy must be declared here, and if the buyer was aware of these at the time of sale, this often means the puppy cannot be returned for those specific issues as the buyer has knowingly accepted them as part of the sale.

The breeder should allow a reasonable amount of time (commonly one week) for the buyer to have the puppy checked by a vet, and agree that upon production of a written vet report detailing serious defects or health issues, the breeder will accept the return of the puppy.

Endorsements

Legally, the breeder may add up to two endorsements to the sale of the puppy. Common endorsements include clauses that the puppy may not be used for breeding, or that any future offspring from the puppy will not be eligible for registration with The Kennel Club.

Any endorsements should be clearly detailed within the contract, along with any conditions under which these may be lifted.

Future rehoming of the dog

If at any point the buyer needs to give up or rehome the dog, the breeder will typically include a clause that they must be informed and given the first option to repurchase the dog. This helps to ensure the dog is not abandoned or rehomed irresponsibly.

The contract may also state that the breeder will make reasonable efforts to assist in rehoming the dog if necessary, promoting responsible ownership beyond the sale.

Declarations

At the end of the contract, the purchase price of the puppy should be clearly stated, with both parties acknowledging that the fee has been paid and the puppy handed over.

The breeder should declare that they are the legal owner of the puppy and have the right to sell it, and confirm agreement to the terms outlined in the contract.

The buyer should declare that they understand and agree to the contract terms, that they are purchasing the puppy for themselves and not as a middleman, and that the purchase is made in good faith.

Both parties should sign and date the contract, and each retain a copy for their records.