CONTRACTS FOR SHOW PROSPECT PUPPIES
by LISA M. CURRY, ESQ.
T he sale of a show prospect puppy is a matter of contract, even if never put in writing. An oral (unwritten) agree- ment, to exchange something of value for money or for something else of val- ue, is still a contract. A show prospect contract can be complex and therefore difficult to pre- pare. A breeder is trying to predict (and ensure) that the pup will succeed in the show ring in 6, 12 or 18 months, and then succeed in breeding; this is never a sure thing, particularly when the puppy is going to a new home and virtually all aspects of the dog’s life are out of the breeder’s hands. Even with the best puppy, there is a risk that the buyer will not achieve the dog’s potential—out of ignorance, neglect, or just through poor decisions. Many factors must be considered, and optimally, addressed in the contract. Since a breeder’s career depends on the success of what they breed, you’d think that they would try to maximize the chances of each show prospect suc- ceeding, including spelling out what the Breeder and Buyer will need to do, to make that happen—and what the parties will do if something goes wrong. Too many times deals are struck for show potential puppies, without a full disclosure of the expectations of each party, of what could go wrong,
and of what the parties will do about it, if it does. VAGUE CONTRACTS ARE PROBLEMATIC CONTRACTS Contracts that lack specificity of important terms, contracts that aren’t in writing and those made without ade- quate forethought about what can and probably will happen, are all inherently problematic. Consider this example: • Seller says to Buyer of a lovely young pup, “It’s yours for $2000, and if it turns out nice, you can show and breed it.” Buyer says, “Great,” pays the money, takes the puppy home.
Was that a contract? Yes, although a rather poorly formed one—for several reasons. • First, it was not in writing. Down the road, these parties have no way to prove what the terms were. Breeder might later deny he gave permission to breed or to show it. Or, the dog “turns out” to have several undesirable inheritable conditions, but Buyer wants to bred it anyway, denying there was any condition about it turning out. • Second, what does “it’s yours” mean? When it’s time to regis- ter the puppy, will Breeder say,
“EVEN WITH THE BEST PUPPY, THERE IS A RISK THAT THE BUYER WILL NOT ACHIEVE THE DOG’S POTENTIAL— OUT OF IGNORANCE, NEGLECT, OR JUST THROUGH POOR DECISIONS.”
106 • S how S ight M agazine , M ay 2018
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