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Sal
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10-06-2007, 01:13 PM
Originally Posted by AnneUK View Post
Because it's a contract it's well known to be legally binding, which I'd imagine most rescues make very clear. However you have a point, I didn't realise there were people that actually thought an adoption contract wasn't legally binding, may have to put those few words in our contract in case others like yourself even after being told still don't believe it's legally binding :smt001
A puppy sales agreement is a contract but that does not make it automatically legally binding.If there is nothing in writing stating it is legally binding it is going to be extremely difficult to prove otherwise,the owner could argue this,similar to endorsements on the KC Registration certificates,it has to be in writing to the new owner stating the puppy/dog has endorsements,if not you don't have a case to argue.
I didn't say I didn't believe it wasn't legally binding,been told verbally is different to having it in writing.
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AnneUK
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10-06-2007, 01:22 PM
Originally Posted by Sal View Post
A puppy sales agreement is a contract but that does not make it automatically legally binding.If there is nothing in writing stating it is legally binding it is going to be extremely difficult to prove otherwise,the owner could argue this,similar to endorsements on the KC Registration certificates,it has to be in writing to the new owner stating the puppy/dog has endorsements,if not you don't have a case to argue.
I didn't say I didn't believe it wasn't legally binding,been told verbally is different to having it in writing.
I'm sure if it had to be written that it's legally binding in the contract our solicitors would have done so.
Your right about verbal contracts, they're worth nowt :smt001
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AnneUK
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10-06-2007, 02:05 PM
Fair enough, but that would raise an irony some would find odd:
You make it harder for previous dog owners compared to first time dog owners.
It's not about making things harder! Everyone knows (or should know) that more care needs to be taken with first time owners. It's not about throwing obstacles in peoples way, it's about doing your utmost to ensure the dog is going to a responsible home. This is why rescues carry out these checks and why I think Breeders should do the same.
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GSD-Sue
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10-06-2007, 02:29 PM
No breeders should not carry out all.the same checks as rescues. Yes breeders should carry out checks. I vetted people who came to me for puppies, & if I didn't know them, either locally or from the show ring I got references from someone who did or if they lived locally I visited them prior to the puppies going to them. I made sure they signed all relevent forms & knew of restrictions put on on the puppies. Incidentally I was amazed tp discover that of a litterof 11, 6 were never transferred by their new owners, at the kennel club I did not however insist on speying or neutering only on health checks before breeding restrictions were lifted. One thing I personally do not agree with is the sale of a dog by a breeder with part of the sale price being that the person has to have one or more litters & some of those puppies return to the breeder as part of the sale price.
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Patch
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10-06-2007, 03:06 PM
Originally Posted by Sal View Post
Yes but as already pointed out,the contract is not legally binding so how would that ensure there safety?

Why is a written and signed [ iow a legal document ] puppy contract less legally binding in a court of law than an adoption contract, you have me baffled there...:smt102
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Patch
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10-06-2007, 03:11 PM
Originally Posted by Sal View Post
Rescues may have the right to enforce it,but I know the puppy sales agreement are not legally binding and Breeders can't enforce them,
Why not...

so how could they enforce an adoption contract?
By reclaiming an animal, which depending on the circumstances may or may not involve soclicitors or enforcement agencies and a court case.
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Hewey
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10-06-2007, 03:14 PM
Dogs are not children. I haven't seen any convincing evidence yet that 'adoption' contracts would surfice to outweigh the law of possession that dogs fall under, any more than breeders contracts do.
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Patch
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10-06-2007, 04:00 PM
Originally Posted by surannon View Post

I still fail to see how, since a normal puppy contract (which would state more or less the same thing as an adoption contract) that any reputable breeder has with their puppy buyers is NOT legally enforcable, an adoption contract drawn up by the same people will be?!

Debs
That has me baffled too
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Patch
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10-06-2007, 04:11 PM
Originally Posted by AnneUK View Post
You could say the same for the delays caused by homechecking. Additional checks like asking for proof of training for some dogs and vets ref letters do work very well. I know The Mayhew have being doing this for years as have we. :smt001
It works well for the rescue two of my boys came from as well, [ vet references in advance ] :smt001
Its the norm [ to me anyway ] for me to offer vet references without needing to be asked because it seems totally reasonable to me for a rescue to want them :smt001
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Patch
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10-06-2007, 04:14 PM
Originally Posted by Sal View Post
Anne could you please explain how a Breeder could legally enforce an adoption contract,you keep stating it is legally binding but with no explanation.

A link or some explanation would be good.

You keep stating that it would not be legally binding or enforceable - a link or some explanation would be good
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