Page 42 - Chow LIfe - Winter 2019
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The “Puppy-Back” Provision
Creating a Contract For This Common Exchange
By Lisa Curry, Esq.
Many breeders agree to accept a puppy in the might produce none or only one live puppy.
future as payment for something now. There are Therefore, the parties should agree ahead of
several scenarios when this typically happens, time on what constitutes a “litter”: one live
particularly in the context of a stud contract puppy at birth, or perhaps two puppies? Or, in
or when selling a show-quality puppy bitch. a breed that suffers a high infant-mortality rate,
In many cases, dog breeders might make an perhaps the litter should be determined not at
agreement for a future puppy as payment: For birth, but at age 2 or 3 weeks.
example, someone might offer to condition and
show another breeder’s puppy in exchange for a The age at which the pick is made also is
puppy out of that dog in the future. important. The timing must be reasonable
to allow the breeder to make a reasonable
In general, the secret to a successful selection, but also to allow the bitch owner to
“puppyback” arrangement, as with any contract, plan which puppies she can place and to be
is to cover all of the anticipated contingencies. able to make decisions about them. Many stud
Be sure you have anticipated each possible contracts stipulate the pick will be made by
scenario and decided a satisfactory resolution to the stud owner between 8 and 10 weeks of age.
it, clear it with your contract parties, and then The bitch owner might want to request another
commit to writing the agreement that you and clause that if the stud owner fails to make his
they are making. Some illustrations will make pick by that time, the bitch owner can make the
this clear. pick for him. (This clause alone should ensure
that the stud owner will make his pick in the
appropriate time frame.)
Next, the parties must decide whether the stud
owner will own the “puppy back” outright, or
does the bitch owner intend to require the stud
owner to sign her contract or otherwise put
restrictions on that “puppy back”? Since the
puppy is payment for services provided, one
might argue that the stud owner should get the
puppy outright and put her own kennel name
on it, and show, sell, or co-own it as she sees fit.
One breeder consulted on this issue pointed out
that if the bitch owner thinks highly enough of
the stud dog (and the kennel behind him) that
she wishes to breed into that line, she should
be able to trust that kennel to do right by the
Puppy Back from Stud Service “puppy back” without the need for imposing any
restrictions.
In stud contracts, it is common for the stud fee It is also true that if the “puppy back” has too
to be pick of the litter (or perhaps the second many restrictions on it (i.e., it can never be
pick plus a sum of money). In other words, sold, must be co-owned with the bitch owner,
the stud owner is expecting to receive a puppy and so forth), that arguably diminishes the
out of that particular dog, by that particular puppy’s value. The bitch owner’s efforts to
bitch. This arrangement carries a number of add conditions on the “puppy back” often
assumptions, none of them too farfetched: The commence when the litter is born and it is
parties are assuming that both the dog and bitch realized that there is only one live puppy. At
are fertile, the mating will be successful, that point, although the agreement between
and the litter will survive. But, as we all the parties called for the pick puppy to go
know, there are no assurances. The bitch back to the stud owner, the bitch owner
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