What would constitute "backyard" breeder for sheltie?

[ClantyreSheltie]

I personally would not sign a contract that states the breeder reserves the right to fine me for thousands of dollars. That is threatening and I don't think it would hold up in any court.

The prevailing thought right now is that courts will not enforce contracts that do not have penalty clauses in them. The penalty clause makes it very easy for the court to make a decision. Without one, the court must actually decide what is fair for the prevailing party. So "violation of the contract equals $10K in fines" is very simple for them to decide. "Please don't violate my contract or else..." is harder to decide.

So it's not that the breeder is threatening you, it's simply that they want to have clear lines that everyone understands.

 

[KarenCurtis]

The prevailing thought right now is that courts will not enforce contracts that do not have penalty clauses in them. The penalty clause makes it very easy for the court to make a decision. Without one, the court must actually decide what is fair for the prevailing party. So "violation of the contract equals $10K in fines" is very simple for them to decide. "Please don't violate my contract or else..." is harder to decide.

So it's not that the breeder is threatening you, it's simply that they want to have clear lines that everyone understands.

I think I was trying to point out, maybe unclearly, that any breeder who would state that a prospective buyer could be fined thousands of dollars would be distrustful of that buyer to begin with, so why put that in a contract instead of screening buyers over time before letting them buy a puppy? When we were interested in Sandstorm, we emailed the breeder back and forth, then travelled 3 hours to see the dog and visit before we bought him. Then travelled again to visit and buy him. We developed a relationship with the breeder and the puppy, and the breeder could clearly see the type of devotion we would give the dog. Therefore, she did not have to have a contract like that.
I am not a breeder so I am fairly ignorant- I can just relate my experience. I understand a breeder needs to protect his/her pups.

 

[Chris]

When I called my breeder to see about getting a pet quality Sheltie puppy, she asked, "What color of Sheltie are you looking for?" I said, "It doesn't matter -- dogs aren't accessories." She laughed and said, "That's exactly the right answer!"

We've been friends ever since!

 

[ClantyreSheltie]

I think I was trying to point out, maybe unclearly, that any breeder who would state that a prospective buyer could be fined thousands of dollars would be distrustful of that buyer to begin with, so why put that in a contract instead of screening buyers over time before letting them buy a puppy?

Ah, yes you are totally right. One of my peeves (one of many) is rescues who have "lease dogs", where they contractually keep ownership of the dog, but allow it to live in your home and allow you to pay all the expenses. They call them "Guardianship Agreements". I think it's a bunch of crap.

If you don't trust the person, they don't get a dog. Amen to that.

 

[danisgoat]

I think I was trying to point out, maybe unclearly, that any breeder who would state that a prospective buyer could be fined thousands of dollars would be distrustful of that buyer to begin with, so why put that in a contract instead of screening buyers over time before letting them buy a puppy? When we were interested in Sandstorm, we emailed the breeder back and forth, then travelled 3 hours to see the dog and visit before we bought him. Then travelled again to visit and buy him. We developed a relationship with the breeder and the puppy, and the breeder could clearly see the type of devotion we would give the dog. Therefore, she did not have to have a contract like that.
I am not a breeder so I am fairly ignorant- I can just relate my experience. I understand a breeder needs to protect his/her pups.

We all know that at some point we have trusted someone and they have blown that trust. Even if you trust them enough to sell a puppy...you never know what is going to happen down the line. People will be people. If you do not have a contract that lets you as the breeder protect that dog later on down the line, then you are not helping the dog. Just my 2 cents.

 

[Silaria]

When I called my breeder to see about getting a pet quality Sheltie puppy, she asked, "What color of Sheltie are you looking for?" I said, "It doesn't matter -- dogs aren't accessories." She laughed and said, "That's exactly the right answer!"

We've been friends ever since!

Great answer, Chris.

Mine was similar when our Sheltie Club's Breeder Liaison, and then my breeder, asked that same question. My response, "I'd prefer a sable but ultimately the temperament and personality of the dog are more important than the color."

Obviously they liked that answer because I now have two beautiful, even tempered, and funny, sable Shelties.

 

[KarenCurtis]

We all know that at some point we have trusted someone and they have blown that trust. Even if you trust them enough to sell a puppy...you never know what is going to happen down the line. People will be people. If you do not have a contract that lets you as the breeder protect that dog later on down the line, then you are not helping the dog. Just my 2 cents.

.
I agree with that. And I agree with reasonable contracts also. Even with a contract, bad things can happen. But contracts that allow a breeder to be overly controlling or overly involved I don't like. There is just no way to control everything that happens in a dogs life. Breeders know this, and take a risk every time they sell a puppy.