To be honest, I don't think that's correct... if it was then for the sale of anything you'd need a solicitor to draw up a contract and for it to be witnessed.

Dogs, like say a fridge, is seen as a commodity passing from seller to buyer for an agreed price, the terms of sale must be reasonable and their must not be any onerous obligations on either party.

The problem that most contracts fail on is that there is nothing actionable in law that can be sued on if the contract is breached. This country does not have allowance for punative damages, as I understand it, you can't sue on a contract that simply says the dog must be given back to the breeder - there has to be a financial penalty attached.

Its not that the contract must be drawn up by a solicitor - but that there must be an actionable point in law within the contract... most contracts wouldn't stand up in court because of this

Agree with Kate - a contract is a contract, you don't even need a written one as you can have a verbal contract, but obviously a written contract is better as you can rely on it easily in court.

One of the few occasions when a contract would be deemed as null, is if it was considered to be grossly unfair by a judge.

I'm not a lawyer tho so don't take this as legal advice

I know breeders that have been to court over written contracts and the contract hasnt stood for anything.

We went to court part included a verbal contact again stood for nothing

I was being taken to court over a pup I sold, she told the solicitor I sold him as a pet, but she then wanted to use him at stud, I told her if she had him eye tested (even though he was Optigen/Antagene hereditary clear) I would lift the endorsements, as it happened the vet noticed he had a watery eye, so refused to do the eye test until she had it checked out. After lots of talks with the 'Doglaw' solicitor, he is a lovely man if you ever need any advise, he told me to let it continue, she wanted full refund of the dog, refund of the cost of any vaccinations he had had and £750 for the cost of an op he apparently needed and for her to keep the dog!

His owner had signed the contract stating she knew about the endorsements and a separate one stating they would only be lifted once he had clear eye test certificates....she continued with her claim, this went on for 4 months, at the very start I offered her a full refund, but no she wanted it all.....ended up with court mediation services getting involved, so to cut a long story short she had refund on the dog only, I had my boy back.

She had already used him at stud, hence her being so angry I wouldn't lift the restrictions, plus he had been used on poodles!!! I got him home, had him neutered had his eye checked, then found him a perfect home.

She basically knew she had signed two contracts which would have stood up in court, my solicitor agreed.

All I can say if she was prepared to go to all those lengths and let the boy go back to you she doesn't deserve a dogs love... some people!!

Buying a dog is a bit different to buying a fridge. I have a copy of a contract that was drawn up by a Solicitor, but even the Solicitor said it wouldnt stand up in Court unless signed by witnesses at the time of signing. So not much point in it really. Even if a dog is sold with endorsements, it wouldnt stop the BYB breeding from it, as long as they didnt try and register the litter with the KC. But then there is the DLRC who some buyers are duped into believing are the same as the KC.

Actually it's not, under the Sale of Goods Act it's classed as exactly the same way.

And I would stand by my earlier comment that if a contract it entered into between two parties (both being adults, not protected parties and having a full understanding of the terms) then it wouldn't need to be witnessed to be a binding legal agreement. I can think of many types of contract which aren't witnesses which are binding legal agreements (but that would be the advantage of working in the legal profession)


Just as a caveat, no posts I ever make constitute legal advice.