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might feel “cheated” if she is to end up with arrangements. For all these reasons, the parties
nothing. When there was no written contract might agree that if the buyer has not produced
provision explaining how many puppies the required number of “puppies back” in, say,
constitute a “litter,” this situation can rapidly three years, the breeder at that time shall instead
become a heated argument, and even a lawsuit. receive a sum of money representing the pet
Accordingly, these are matters that should price of the puppies she would have received.
be discussed, and a written contract drawn In certain circumstances, the parties might
up which sets forth these matters, before the prefer that the “puppy back” need not come
breeding occurs. from the puppy bitch then being sold, but could
come from any litter that the buyer breeds. This
usually makes it possible to obtain the “puppies
“Puppy Back” from a Show-Quality back” sooner, among other possible benefits.
Bitch
When a show-prospect puppy bitch is sold, in
many breeds it is common that the purchase
price includes one or more puppies back. This
is a more complex situation than a stud service.
Generally, a male used for stud service will be
proven, and the bitch’s owners will know that
she is in season, so she is ostensibly able to
bear a litter. The reality of a litter occurring at a
known time is fairly tangible, in other words.
When selling a show-prospect puppy bitch,
there are many variables. That bitch may not
turn out to be of proper quality to be bred. If she
is of good quality, she may not be able to bear a
litter. The buyers may decide not to breed her
(despite their agreement with the person they
bought her from), or they may choose a stud In sum, taking a “puppy back” in the future
not to the breeder’s liking. Also, it is unknown in exchange for services now can be a useful
how long it will take to finish her or when the means of bartering in the dog world, but it is
owner will plan a breeding. Assuming that all sometimes a particularly risky arrangement
those hurdles can be overcome, the parties given the uncertainties of dog breeding and
must still decide whether the “puppy back” (or the passage of time between the making of the
“puppies back”) shall be from the first litter or agreement and its fulfillment. Careful planning,
perhaps the second, which pick the breeder gets, devoting time to considering what could
and at which age. happen, and then writing a contract that details
Finally, when the “puppy back” is available— the expectations of both parties are generally
which could be three or four years after the worthwhile endeavors to ensure that each party
sale—will the breeder still want it? The breeder to the contract has a complete picture of the
might anticipate she may retire by that point! situation.
She should also anticipate that, as sometimes
happens, the buyer might, for various reasons,
be unwilling or unable to produce any “puppy This column is for discussion purposes only and
back” within what the breeder considers a should not be taken as legal advice. Please consult
reasonable period of time. Or, in another with an experienced attorney about your particular
scenario, the breeder and buyer may simply situation.
have become estranged by that time and not be Lisa Curry practices law in New Jersey and raises and
in contact, as would be needed for selection and shows West Highland White and Toy Fox terriers. She
delivery of the “puppy back.” welcomes your inquiries at her website, lawfordogs.
com.
Many lawsuits have been filed simply because
the parties failed to develop a written contract (This article first appeared in the January 2011 AKC
that addressed the kinds of events that can Gazette and is reprinted with permission. To read the
online Gazette, visit www.akc.org/pubs.)
and do occur when making “puppy back”
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