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TWO
PARTS:
BREEDER'S RESPONSIBILITY TO BUYER
BREEDER'S PROTECTION FROM BUYER
We all know
that when we sell a puppy, we must supply a pedigree and papers
and do everything we can to be sure it's going to a good home.
But, after you
sell a puppy, do you know exactly when the American Kennel Club
says your responsibility for that puppy comes to an end?
BREEDER's RESPONSIBILITY TO
BUYER
According to
the AKC:
Responsible
breeders know that their responsibility doesn't end when their
puppies leave with new owners. They make sure their puppies' new
families know they can turn to them with any questions or problems
that arise throughout the puppies' lives.
It is
important to see yourself as not only a breeder, but also as a
resource for the person who buys his puppy from you. Most of us
breeders who belong to the GSDC of America are involved in showing
and/or training dogs; but, most of our puppies go to homes where
they're simply a member of the family. When the Jones or the
Smiths leave your house, they're not walking out with a toy. That
living breathing item they're carrying or leading to their car is
going to raise a lot of questions over its lifetime. And you're
the experienced one who can answer those questions.
The Smiths
don't have the experience to know whether the new puppy is eating
the right amount or not. When the neighbor tells Mr. Smith his dog
is too skinny, you need to be available to re-assure the family
that their puppy's weight is just fine. After a brief phone call
to you, Mr. Smith will confidently go back and tell his neighbor
that the BREEDER said the dog's just right, weight-wise. And
you'll know if the the weight is right because of knowledge you've
gained during your years of breeding.
You have that
knowledge and it's to your advantage to share it by encouraging
and asking questions as they arise.
For one thing,
a happy puppy buyer is good for the breed. Talk about a good
will ambassador! Haven't you had referrals over from people who
stopped buyers like Mr. Smith and asked where he got his dog?
There's no better advertisement for our breed than a proud German
Shepherd Dog owner.
For another
thing, when their friends the Jones are looking for a dog, the
Smiths will tell them about their wonderful experience with a
breeder. The Van Dykes, instead of looking in a pet shop or the
newspaper will go to a breeder for their puppy.
And besides,
being readily available to Mrs. Smith when she has a question will
clear the way in case there is a problem with dog. Keeping
communication lines open is essential. . None of us are out there
trying to breed problems, but breeding isn't a mathematical
formula and doesn't always add up the way we'd like it to do. If
you've been receptive to small questions, and a BIG question comes
along, you'll have established a rapport that will make it easier
to handle.
For your buyer,
you're a resource for local resources.
You probably
know a trainer in the area so if there's a behavioral problem, you
can help the buyer solve it. If you don't know a good trainer, you
should find one. He/she can help the Smiths and Jones learn how
to make their new dog a well behaved member of the family. A
trainer who works with puppies you've bred will encourage other
buyers to get a pure bred puppy from a breeder. Again another
plus.
And the same
with a good veterinarian. A good vet will save the Smiths a lot of
worry and money and you a lot of hassle -- especially if this vet
knows you and your dogs. If that vet knows that you consistently x
rays hips and elbows, show concern for the health of your dogs,
and knows you as a breeder who's trying to improve the breed,
you're doing as much for your puppy buyers and the breed as anyone
can.
When you, as a
breeder, sell a puppy to the Smiths, they may have taken on the
responsibility for that puppy for it's lifetime, but you've taken
on the responsibility of the Smiths for the life of that same pup.
Here's what
the AKC
has to say on that subject:
You must be
willing to take back any dog you have bred, at any point in its
life, for any reason. You must have a commitment to the puppies
you brought into the world for the whole of their lives.
BREEDER'S PROTECTION FROM BUYER
There are
several ways to protect yourself from serious problems with the
Smiths.
References can
help. This doesn't mean you need to call all the Smith's
neighbors and friends and family. Here in Los Angeles we have a
good network of breeders referring buyers so at least we know the
person has gone to some effort to find a dog.
Someone who's
gone to the GSDCA and/or the AKC internet site or called either
of these organizations has also made some effort. A referral from
another buyer can tell you a lot, too. None of these are
actually references, but this kind of error on the part of the
Smiths, at least eliminates the impulse buyer who will probably
turn into that "bad" buyer you're trying to avoid.
Asking key
questions is another way to weed out "bad" buyers. Questions to
ask may vary from one part of the country to another and from
seller to seller. It may sound silly to some of you living in the
MidWest, but in the Los Angeles area, one of the first things
we ask is whether or not the Smiths have a fenced yard. That tells
us they're in a situation where they can have a puppy. Apartment
dwellers or people who plan to let the dog run loose or be tied up
are not someone who should have a puppy. Breeders in other parts
of the country may not have the "fence" question at the top of
their list; you may not even think you have a list. However, if
you really think about it, you probably do. Besides that "fence"
type of question, there are lots of others that you probably ask
to avoid that "bad" buyer taking one of your puppies.
And, then,
there's the interview better known as,
"how-the-Jones-play-with-the-puppies". Watching the Smiths and
their kids interact with the puppies can tell you whether these
are buyers that should have one of your puppies. How the parents
interact with the children tell you something too.
Another way to
avoid misunderstandings is with a good contract.
The GSDCA
has a sample contract which can be used as a reference:
German Shepherd
Dog Club of America
Sample Sales
Contract
WHEREAS,________________________________________________
hereinafter called "Seller is the owner of a
_____________________ German Shepherd ______________ further
described as: (Show, Showable, Pet) (Dog, Bitch)(For definitions,
see below) Registered Name of Dog
________________________________________________________ Color
______________________________________________________________________
Call Name of
Dog_____________________________________________________________
Litter Registration No. ________________ or ____________________
(AKC Number) Foreign Registration No.
______________________________________ Name & Registration. No. of
Sire _____________________________________ Name & Registration.
No. of Dam _____________________________________ and WHEREAS,
___________________________ , hereinafter called "Buyer" is
desirous of purchasing the animal described above:
NOW,
THEREFORE, in consideration of the sum of ____________________
Dollars, the Seller hereby conveys one German
Shepherd ( Show-Showable-Pet) (Dog,
Bitch)
under the following
warranties and conditions and no other warranties or
conditions either expressed or implied.
1. That the above described
animal is a purebred dog, registerable with the AKC and that a
registration application or individual registration, has been
given to Buyer as of the date of purchase.
2. That the above
described animal may for any reason be returned prepaid to Seller
within 24 hours, or as otherwise agreed in writing, at the time
of receipt, Buyer shall assume full responsibility for the
health, anatomical make-up, appearance and temperament of the
above described animal during said 24 hour period. If the
condition of the animal has changed in any of the categories
mentioned in the previous sentence, the Seller is relieved of
obligation to return the full amount of the purchase price,
otherwise the full purchase price will be refunded. Any claim of
change in the animal by the Seller must be communicated to the
Buyer within 24 hours.
3. Optional. In the event disqualifying
faults as listed and defined in the Breed Standard animal on
or before one year of age or within 45 days of the date of this
agreement, in the case of animals of more than one year of age at
the date of this agreement, the Seller agrees to
__________________________________to Buyer _________________% of
replace, refund the purchase price of the animal and the animal
shall be (a) returned to Seller or (b) retained by Buyer (circle
one).
4. In order to receive an adjustment, under the terms of
this Sales Contract, Buyer must return signed AKC papers to
Seller before any adjustment hereunder. Buyer must make animal
available to Seller or designee for appropriate examination.
5.
This writing constitutes the full agreement of the parties.
WHEREFORE, the above named Seller and Buyer have executed the
foregoing contract of sale at ___________ (am/pm) on this
___________Day of _________, 19 ______ at , State of
______________
__________________________________________________________________
__________________________________________________________________
Buyer, Address & Phone No.)
__________________________________________________________________
__________________________________________________________________
( (Seller, Address & Phone No.)
Special Notations:
____________________________________________________
__________________________________________________________________
DEFINITIONS:
Pet: a companion animal purebred and AKC registerable, that Is
sold as a pet with no warranty that the dog will be show quality
or breeding stock.
Showable: a puppy or adult that goes beyond
and above the definition of a pet dog. This animal must be free of
all disqualifying faults. This dog Is in
no way guaranteed to win in the show ring unless this is agreed to
in writing In this contract at the time of execution. It is
understood that, with proper care on the part of the buyer, in due time the
dog should be of acceptable temperament and structure, and should
embody the basic standard of the Breed.
Show: an animal that has
all of the qualifications of showable plus being one that, with
proper handling, can and should win in the conformation ring. If
there are any further guarantees they must be in writing.
But eventually,
it simply comes down to your own judgment. And almost all of the
time, it works. Once in a while you may run into a "bad" buyer
but, for the most part, the Smiths of the world are just regular
people looking for a good puppy. Many of the problems you'll have
with them will be because of miscommunication rather than actual
"bad" buyers. If you've encouraged the Smiths to keep in contact
and they have, they won't turn into "bad" buyers.
Discussion
topics:
How can you
keep the lines of communication open?
Share some
local resources: veterinarians, trainers, classes
What kind of
questions do you ask to screen buyers?
What kind of
guarantee do you give?
What do you
look for when watching the potential buyer interact with puppies?
What sort of
things should be added to the GSDCA contract so it would work for
you?
Deleted? Any
suggestions as to what specific statements should be included?
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